Unit 4 - Scots Criminal Law: Introduction and Investigation

Question 1

Abettor

Answer 1

A person who incites, instigates, encourages or counsels another to commit a crime or offence

Question 2

Accessory

Answer 2

Anyone who aids the perpetrator with advice or assistance before or at the time of the crime or who acts in concert by watching whilst the crime or offence is committed

Question 3

Assault

Answer 3

A crime at common law, and is every attack directed to take effect physically on the person of another, whether or not actual injury is inflicted

Question 4

Attempt to Pervert the Course of Justice

Answer 4

crime at common law which can be described as any overt and intentional action calculated, to interfere with either the normal investigation of a crime, or the bringing of an offender to justice

Question 5

Breach of the Peace

Answer 5

crime at common law and is constituted by one or more persons conducting himself or themselves in a riotous or disorderly manner, where such conduct is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community

Question 6

Culpable and Reckless Fireraising

Answer 6

Is committed when property is set on fire as a result of a reckless act by the accused

Question 7

Definition of Forgery and Uttering

Answer 7

A crime at common law, and consists in the making and publishing of a writing feloniously intended to represent and pass for the genuine writing of another person.

Question 8

Fraud

Answer 8

• Falsehood - false representation by word of mouth or writing or false conduct
• Fraud - intention to deceive and defraud, and
• Wilful imposition - what is required is that there is a practical result, i.e. inducing a person to do what they would otherwise not have done

Question 9

House

Answer 9

Includes any dwelling house or other roofed building, finished or unfinished, or any part of a building used as a separate dwelling, which is secured against intrusion by unauthorised persons

Question 10

Malicious Mischief

Answer 10

A crime at common law constituted by wilful, wanton, and malicious destruction of, or damage to the property of another

Question 11

Offensive Weapon

Answer 11

Includes any article made or adapted for the use of causing injury to the person or intended by the person having it with them for such use by either themselves or by some other person

Question 12

Perjury

Answer 12

Perjury is a crime at common law, committed by any person who wilfully makes a false statement under oath or affirmation equivalent to oath

Question 13

Principal

Answer 13

The person who actually commits the crime or offence

Question 14

Subornation of Perjury

Answer 14

crime at common law, committed by any person who counsels or induces, by any means, a person to give false testimony in judicial proceedings

Question 15

Reset

Answer 15

A crime at common law committed by any person with intent to deprive the owner, to receive and keep property, knowing that it had been appropriated by theft, robbery, embezzlement or fraud

Question 16

Robbery

Answer 16

A crime at common law committed by any person who feloniously appropriates property, by means of violence or threats of violence

Question 17

Theft

Answer 17

A crime at common law and is the taking or appropriating of property without the consent of the rightful owner or other lawful authority

Question 18

Vandalism

Answer 18

An offence for any person to wilfully or recklessly destroy or damage the property of another without reasonable excuse.

Question 19

Wasting Police Time

Answer 19

A crime at common law, committed by any person who maliciously makes a false statement to the police, with the intention and effect of causing unnecessary police investigation.”

Question 20

Wilful Fireraising

Answer 20

Committed when a person intentionally sets fire to any form of property