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Police Scotland > Unit 7: General Police Duties > Flashcards

Unit 7: General Police Duties Flashcards

1
Q

1.1: Firearms - Considerations and Explanations

Explain the safety procedures which must be complied with when handling firearms

A

Do not touch
Leave in situ and wait for trained staff

Green tag means safe
Red tag means not safe - do not touch under any circumstances

Where a firearm has to be handled:

  • Always treat a weapon as a genuine firearm
  • Always treat it as loaded
  • Avoid touching the trigger or dropping the weapon
  • Always lay the weapon flat on the ground
  • Never point a weapon at anyone
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2
Q

1.1: Firearms - Considerations and Explanations

What are the Stay Safe principles in relation to firearms?

A

See

  • What is happening and where
  • Who / What / Where / When / Why / How

Tell
- Communicate clearly, concisely, and ASAP

Act
- Stay safe, update personnel, keep obs and contain

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3
Q

1.1: Firearms - Considerations and Explanations

What is the definition of a firearm?

A

A lethal barrelled weapon of any description

From which any shot, bullet or other missile can be discharged and includes:

  • Any prohibited weapon, whether lethal barrelled or not
  • Any component part of such lethal or prohibited weapon
  • Any accessory to such weapons which are designed or adapted to diminish the sound or flash caused by firing the weapon
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4
Q

1.1: Firearms - Considerations and Explanations

What is the definition of an air weapon?

A

An air weapon, that is to say, an air rifle, air gun or air pistol which does not fall within Section 5(1) of the Firearms Act 1968, and:

  • The component parts of an air weapon
  • Any accessories to such a weapon designed or adapted to diminish the noise caused by discharging the weapon

(An air weapon must not discharge a missile with kinetic energy exceeding 12ft per lb of pressure (rifle), or 6ft per lb of pressure (pistol)).

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5
Q

1.1: Firearms - Considerations and Explanations

What is the definition of ammunition?

A

Any ammunition for any firearm and includes:

  • Grenades, bombs and other like missiles
  • Whether capable for use with a firearm or not
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6
Q

1.1: Firearms - Considerations and Explanations

Describe Rifles, Shotguns

A

Rifle
High powered, high velocity, long barrelled weapon. Barrel is grooved, or rifled.

Shotgun
2-2-2
Comprises a barrel not less than 2ft in length, a smooth (not rifled) barrel bore no greater than 2in in diameter, and holds no more than two cartridges

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7
Q

1.1: Firearms - Considerations and Explanations

Explain the relevance of component parts and accessories

A

A component is basically any essential part required for the firing of the weapon i.e.:

  • Trigger
  • Barrel
  • Spring

An accessory as controlled by the act are things which diminish the sound or flash of the weapon

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8
Q

1.1: Firearms - Considerations and Explanations

State the types of weapons that are classed as prohibited

A

Automatic weapons
Rapid fire weapons, including shotguns
Concealed or disguised weapons
Rocket launchers
Air weapons using the self-contained gas-cartridge system
Weapons with a barrel length of less than 30cm, or overall length less than 60cm (handguns etc)
Any other weapon designed or intended to discharge noxious liquids, gasses etc (PAVA, tear gas, tranquillizer guns etc)

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9
Q

1.2: Firearms - Offences

Explain the offence committed by a person carrying a firearm in a public place, and the offence of trespass whilst in possession of a firearm

A

Section 19 of the Firearms Act 1968 creates an offence for any person to carry a loaded shotgun, or other firearm (loaded or not) in a public place without lawful authority or reasonable excuse.

Section 20 of the Firearms Act 1968 creates an offence to trespass on land or property while in possession of a firearm, without reasonable excuse.

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10
Q

1.2: Firearms - Offences

Explain your Stop and Search powers under Firearms Act 1968

A

Stop and Search is empowered under Section 47 of the Firearms Act 1968 where there is reasonable cause that the subject is in possession of a firearm in breach of Section 19, or about to commit a breach of Section 20.

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11
Q

1.2: Firearms - Offences

What is the definition of reckless discharge?

A

A crime at common law for any person to recklessly discharge a firearm, whether or not actual injury is caused. The essence of this crime is the wanton disregard for the safety of others.

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12
Q

1.2: Firearms - Offences

State the criminal use of Firearms under Sections 17 and 18 of the Firearms Act 1968

A

Section 17(1) creates to use a firearm to resist or prevent arrest (of the subject or another).

Section 17(2) creates an offence to be in possession while committing or being arrested for a Schedule 2 offence.

Section 18 creates an offence to be in possession of a firearm with the intent to commit a Schedule 2 offence.

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13
Q

1.2: Firearms - Offences

State the offence of failing to keep secure or report the theft or loss of an air weapon

A

Section 30 of the Air Weapons and Licensing (Scotland) Act 2015 creates an offence to fail to provide safe custody of an air weapon or to report the loss of an air weapon in a timely manner.

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14
Q

1.2: Firearms - Offences

State the offence of firing an air weapon beyond premises

A

Section 21(A) of the Firearms Act 1968 creates an offence to have an air weapon on premises with the intention to fire it beyond those premises.

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15
Q

1.2: Firearms - Offences

State the controls in respect of young people for the following:

Section 1 certified weapons
Section 2 certified weapons
Imitation firearms
Air Weapons

A

Those under 18 with a relevant certificate may possess firearms, but only for specific purposes:

  • Slaughtering instrument
  • Sport
  • Vermin control
  • Competition purposes and practice

Section 22(1) of the Firearms Act 1968 creates an offence for a person under 18 to purchase or hire any firearm or ammunition.

Section 24 makes it an offence to sell or hire a firearm or ammunition to a person under 18, or to gift or lend a Section 1 firearm to a person under 14.

It is an offence for a person under 18 to be in possession of a Section 1 firearm except as a gun bearer, as a member of a rifle club or at a shooting gallery.

A person under 18 may be in possession of a shotgun where they hold a certificate. If they are under 15 they must be accompanied by someone over 21 (need not have a certificate), or the firearm must be covered to prevent it being fired.

Section 24(A) of the act makes it an offence to buy or sell an imitation firearm to a person under 18.

A person under 18 can apply for a certificate to possess an air weapon with consent of their parents. Must be for sporting purposes, target shooting on private land, sport or agriculture use. They cannot hire, purchase, own or be gifted the weapon.

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16
Q

2.1: Licensing - Premises

What is the definition of alcohol?

A

Sprits, wine, beer, cider, or any other fermented, distilled or spirituous liquor but does not include alcohol which is of a strength of 0.5% or less at the time of its sale

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17
Q

2.1: Licensing - Premises

What is the licensing board?

A

The Licensing Board is responsible for granting of licenses, and is elected by the local authority, comprising of between 5-10 members.

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18
Q

2.1: Licensing - Premises

What are the 5 Licensing Objectives?

A 
Preventing Crime and Disorder
Securing Public Safety
Preventing Public Nuisance
Protecting and Improving Public Health
Protecting Children and Young Persons from Harm
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19
Q

2.1: Licensing - Premises

What is the role of a Licensing Standards Officer (LSO)?

A

The LSO has the following functions:

  • Providing interested persons with information and guidance regarding licensing in the area
  • Supervising compliance
  • Providing mediation between license holders and other persons

Has the power to enter and inspect licenses premises, and any person working there must provide the LSO with assistance or will be guilty of an offence.

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20
Q

2.1: Licensing - Premises

What are the key aspects of an inspection of licenced premises?

A

Premises Licence
Police or LSO can require to view a premises licence at any time (should be on display at all times).

Personal Licence
A PL holder must produce their licence for inspection at time of asking. Suitable training records should also be available to view for all staff where they are operating under the supervision of a licenced member of staff.

Operating Plan
Should include details of activities, times, offsales and onsales, capacity, provision for children etc.

Premises Manager
The individual stated on the license, who has responsibility for the day to day. Can only be a premises manager for a single location, and is required in order to sell alcohol on the premises. Licensing board must be notified within 7 days of a Premises Manager leaving post, and a new manager must be notified within 6 weeks.

Core Licensing Hours
Covering licensed hours, on-sales hours and off-sales hours.

21
Q

2.1: Licensing - Premises

Identify offences related to the sale and removal of alcohol outwith licensed hours

A

Section 63 of the Licensing (Scotland) Act 2005 makes it an offence to sell or allow the sale of alcohol, consume (after warning) or allow the consumption of alcohol, or remove or allow the removal of alcohol from licensed premises outwith licensed hours.

Exemption include:
Residents or guests of the premises (i.e. hotels)
Sale to traders or supply to Armed Forces
Within 15 mins of the end of licensed hours (drinking up time)

22
Q

2.1: Licensing - Premises

Explain general and occasional extensions

A

Licensing Board has the power to grant general licensing extensions in connection to special events and may apply to the whole of the Board’s area.

Occasional licences can be granted upon application relating to special events (i.e. a wedding or similar party).

Regular events that can be planned for (i.e. bank holidays) should be factored into the operating plan premises licence instead.

23
Q

2.1: Licensing - Premises

Define police powers of entry to licensed premises and private members clubs

A

Section 138 of the Licensing (Scotland) Act 2005 grants police power of entry to licensed premises at any time, and to non-licensed premises where there is suspicion that alcohol is being sold (i.e. BYOB restaurants that don’t hold a licence).

Section 138 also covers entry to private members clubs.

24
Q

2.1: Licensing - Premises

State what information should be recorded and where when visiting premises to conduct licence checks etc

A

Visit to a licenced premises should be recorded in notebook and on InnKeeper.

Details to record include:
Names of premises and manager
Person in charge
Date and time of visit
Licences checked and whether they were on display
Number of staff/patrons
Age groups on site
Activities ongoing
Security staff
Cleanliness
Signs of drug misuse
Fire doors
Behaviour/atmosphere
25
Q

2.2: Licensing - Children and Young People

For the purposes of the act, define a child, young person, relevant premises and responsible person

A

Child - Under 16
Young person - 16-17
Relevant premises - licensed premises or premises where alcohol is sold
Responsible person - Premises manager/licence holders, or staff (over 18) who works in the capacity of selling alcohol (basically most staff members)

26
Q

2.2: Licensing - Children and Young People

State the key offences and defences relating to children and young persons

A

Licensing (Scotland) Act 2005

Section 102 - Selling alcohol to a child
Section 104(1)A and B- Buy, give or make available alcohol to a child or young person (except in private, for religious reasons or with a meal)
Section 105 - For a child or young person to attempt or purchase alcohol
Section 106(1) - For a child or young person to consume alcohol on relevant premises
Section 106(2) - To allow a child or young person to consume alcohol on licensed premises
Section 107(1) - To allow alcohol to be sold or served by a child or young person (except where authorised)
Section 108(2) - For a child to deliver alcohol
Section 108(3)A - For alcohol to be delivered to a child
Section 108(3)B - To allow alcohol to be delivered to a child
Section 109(1) - To send a child to obtain alcohol
27
Q

2.3: Licensing - Offences and Provisions

State the offences related to drunkenness and the police powers and procedures available to address these

A

Licensing (Scotland) Act 1995

S111 - To be drunk on relevant premises
S112 - To obtain alcohol for consumption by a drunk premises on relevant premises
S113 - To sell alcohol to a drunk person
S114 - To be drunk on duty
S115(1) - Drunk and disorderly on relevant premises
S115(2) - To allow BOP or disorderly behaviour
S116(1) - For a disorderly person to refuse to leave
S116(2) - To refuse to leave after licensed hours

Civic Government (Scotland) Act 1982
Creates an offence for a person to be drunk and incapable, or to be drunk and in charge of a child under 10, or to be drunk and in charge of a firearm in a public place.

S50 can lead to arrest, or FPN.

28
Q

2.3: Licensing - Offences and Provisions

Explain procedures regarding consumption of alcohol in a public place and when you can confiscate alcohol

A

Local authorities have power to create bylaws covering the drinking of alcohol in public, so this will differ from place to place.

Power to search and seize alcohol is tied to Section 61 of the Crime and Punishment (Scotland) Act 1997

29
Q

2.3: Licensing - Offences and Provisions

Identify the offence relating to the delivery of alcohol between restricted time and state the restricted hours of delivery

A

Section 120 makes it an offence to deliver alcohol during restricted hours.

Section 120(3) makes it an offence to allow the delivery of alcohol during restricted hours.

Restricted hours are between midnight and 6am.

30
Q

2.3: Licensing - Offences and Provisions

Explain what an exclusion order is, who may authorise, and state the offence in relation to breach of an order

A

An exclusion order effectively bans someone who has committed a violent crime on a licensed premises, from said premises.

Issued by the court, and can be applied for by the premises licence holder no more than 6 weeks after conviction.

They may last between 3 months and 2 years.

Breach of an order is an arrestable offence under Section 95.

31
Q

2.3: Licensing - Offences and Provisions

State what closure orders and emergency closure orders are in relation to licensed premises and identify who can enforce them

A

A closure order is issued by the Licensing Board, forcing premises to close in the interests of public safety.

An emergency closure order can be issued by an Inspector above and lasts no longer than 24 hours. An extension of a further 24 hours can be ordered by an Inspector or above (basically to cover a weekend when the Licensing Board is out of office).

32
Q

2.3: Licensing - Offences and Provisions

Explain voluntary co-operation

A

It is in the interest of premises to voluntarily agree to close when requested to do so based on intelligence, or in the interest of public safety. Failure to do so will simply result in a closure or emergency closure order being issued, and the failure to cooperate being logged on InnKeeper.

33
Q

2.3: Licensing - Offences and Provisions

State the relevant offences under the Identity and Documents Act 2010

A

Section 4
Creates an offence for a person with improper intention to possess a fake ID

Section 6
Creates an offence for a person without reasonable excuse to possess a fake ID

34
Q

3.1: Miscellaneous Antisocial Offences

Explain the offences under the Civic Government (Scotland) Act 1982 in relation to urinating, defecating, obstruction by pedestrians and touting

A

Section 47 Civic Government (Scotland) Act 1982
An offence to urinate or defecate in circumstances which may cause annoyance to others.

Section 53
An offence to wilfully obstruct others, or to fail to desist when asked by an officer in uniform.

Section 55
An offence to solicit for the purposes of selling, advertising or obtaining custom in circumstances which may cause annoyance, or to fail to desist when asked by an officer in uniform.

35
Q

3.1: Miscellaneous Antisocial Offences

State the offences in relation to litter and what your police powers are under the Environmental Protection Act 1990

A

Section 87(1) Environmental Protection Act 1990 creates an offence to drop or deposit litter in a public open space, highway, road, or other area defined in S87(3), unless given lawful authority or permission by the owner to do so (S87(2)).

FPN of up to £200 can be issued where there is evidence to support that an offence has been committed (receipts or identifying information found in bags etc).

36
Q

3.1: Miscellaneous Antisocial Offences

State the offence in relation to noise under Section 54 of the Civic Government (Scotland) Act 1982

A

Section 54 creates an offence to sound or play instruments, sing, perform, play music/TV etc if it gives reasonable cause for annoyance, and the accused has failed to desist upon being asked by an officer in uniform.

Can be dealt with by means of an FPN.

Police are further empowered to enter without warrant and to seize noise-making equipment, and to retain for up to 28 days.

37
Q

3.1: Miscellaneous Antisocial Offences

List your powers in relation to seizure of vehicles

A

Section 126 of the Antisocial Behaviour etc. (Scotland) Act 2004 empowers an officer in uniform to seize a vehicle where it is being used in a manner causing alarm, distress or annoyance in contravention of Section 3 and 35 of the Road Traffic Act 1988 (careless and inconsiderate driving or inhibition of off-road driving)

Power to order the person to stop the vehicle, to seize and remove, to enter premises where there is reasonable grounds to believe the vehicle to be (other than private dwelling house), and to use reasonable force.

Only applicable after the accused has been warned. Warnings can last for up to 12 months, but must be issued by an officer in uniform, and best practice is to issue and record a written warning.

38
Q

3.1: Miscellaneous Antisocial Offences

Explain the requirements in relation to the retention and release of a seized vehicle

A

Release will only happen once payment of any fees has been processed.

A vehicle cannot be disposed of within 7 days of the notice of seizure, or within 3 months following the seizure.

Disposal may take the form of sale or destruction

39
Q

3.2: Antisocial Behaviour Etc. (Scotland) Act 2004

Describe what Antisocial Behaviour Orders (ASBOs) and Interim ABSOs are, and who can apply for them

A

ASBOs are civil orders that exist to protect the publc from behaviour that causes alarm or distress. They contain conditions prohibiting specific behaviours.

Used to protect people and places within the local area.

Interim ASBOs are available under Section 7 of the Antisocial Behaviour Etc. (Scotland) Act 2004. These provide immediate protection and will last only as long as it takes for a full order to be applied for

The minimum age to receive an ABSO is 12 (in line with ACRA). Breaching an ASBO is a criminal offence.

ASBOs can be applied for by the Local Authority or Registered Social Landlords, in consultation with the police, from the Sheriff court. For those under 16, the Principal Reporter to the Children’s Panel must be consulted.

40
Q

3.2: Antisocial Behaviour Etc. (Scotland) Act 2004

State the offence in relation to a breach of ASBO and your associated police powers

A

Section 9 Antisocial Behaviour Etc. (Scotland) Act 2004 creates an offence to breach the terms of an ASBO. Punishable by up to 6 months imprisonment and/or a fine up to the statutory max, or if under indictment, up to 5 years imprisonment and/or unlimited fine.

Arrest power is under Section 1 Criminal Justice (Scotland) Act 2016.

Breach in the case of a 12-15 year old should be reported jointly to the COPFS and the Reporter to Children’s Panel.

41
Q

3.2: Antisocial Behaviour Etc. (Scotland) Act 2004

Explain police powers and exemptions in relation to dispersal of groups

A

Officer above the rank of Superintendent who has reasonable cause to believe MOPs have been alarmed or distressed by groups of 2 or more people, where antisocial behaviour is significant and persistent, may designate a dispersal area in consultation with the Local Authority.

Dispersal areas must be publicly notified, and may last only for a designated period no more than 3 months.

This gives police the power to require groups suspected of engaging in / likely to engage in antisocial behaviour to disperse and/or to direct those who do not live in the area to leave for at least 24 hours.

Section 21(2) creates an offence for a person to knowingly contravene such an instruction after it has been given.

Exemptions include:
Those whose conduct and assembly is lawful (i.e. pickets/protests)
Those taking part in a procession

42
Q

3.2: Antisocial Behaviour Etc. (Scotland) Act 2004

Define a Closure Order, related offences, and police powers

A

Authorised by a Superintendent or above, in consulation with the Local Authority, a Closure Notice requires a premises to close to anyone except residents or the owner.

Issued where there is reasonable belief that the premises is associated with the occurence of relevant harm, and that during the preceding 3 months a person has engaged in antisocial behaviour.

Served by a Constable in writing, and fixed to a prominent place on the premises, each access point and any outbuildings.

A Closure Order must then be applied for from the Sheriff, which can require the closure of the premises to ALL PERSONS for up to 3 months. Constables are empowered to do anything necessary to secure the premises, carry out essential maintenance and enter the premises using reasonable force.

Section 37(1) Antisocial Behaviour Act 2004 creates an offence to enter or remain within a premises in breach of Closure Notice.

Section 37(2) creates an offence to obstruct an officer acting on a Closure Notice.

Arrest is possible under Section 1 Criminal Justice (Scotland) Act 2016.

43
Q

4: Major Incidents

State your priorities and initial actions at the scene of a Major, Critical or Operationally Challenging Incident

A 
Decide whether it is a Major incident (and proceed with METHANE)
Preserve life
Prevent escalation
Ensure the safety of all
Preservation of the scene
Minimise disruption
Secure/detain offenders
Ensure due process of the law
Return to normality
44
Q

4: Major Incidents

Explain the mnemonic METHANE and its meaning

A 
Major incident declared?
Exact location?
Type of incident?
Hazards present?
Access / Rendezvous Point
Number, type, severity of casualties?
Emergency services and those required?
45
Q

4: Major Incidents

What are the three basic levels of command?

A

Bronze - Operational Commander (officer in charge on the scene)
Silver - Tactical Commander (operating remotely to facilitate and support)
Gold - Strategic Commander (Senior Officer with overview)

46
Q

4: Major Incidents

Explain the purpose of ‘outer’ and ‘inner’ cordon

A

Inner cordon provides immediate security of the incident site.

Only appropriate staff with relevant PPE should be allowed entry (i.e. fire service staff at a fire).

Outer cordon is to create a secure area to accommodate resources and equipment and to prevent public and media from gaining access to the area

47
Q

4: Major Incidents

Confirm the relationship between ‘scene and siege’ incident responses

A

May not be a Major incident for police - may be better placed as OC or Critical Incidents.

Policy is to contain, isolate, evacuate, and negotiate.

48
Q

4: Major Incidents

Explain what a critical incident is

A

Define as:

“Any incident where the effectiveness of the police response is likely to have a significant impact on the confidence of the victim, their family and or the community.”

49
Q

4: Major Incidents

Overview of Operationally Challenging, Critical, and Major Incidents

A

Operationally Challenging Incident
Has the potential to compromise the ability of the force to provide an appropriate and professional response

Critical Incident
An incident in which the response of police is likely to have a significant impact on the confidence of the victim, their family and the community

Major Incident
An event with serious consequences which requires special arrangements, likely implement by multiple agencies

Police Scotland (9 decks)

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