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National 5: Modern Studies > Crime And The Law > Flashcards

Flashcards in Crime And The Law Deck (68):

Violent crime

Murder, serious assault, sexual offences and robbery.

25% of all crime in Scotland.

In 2015, there were 59 murders in Scotland.

Males aged 16-24 are at the highest risk of becoming victims.


Property Crime

All crime that relates to property that is either stolen or damaged.

Includes personal theft, which is when somebody steals an item from somebody else, for example a handbag or vandalism.

Can be digital and this is known as cybercrime; examples are hacking or online piracy.

75% of all crimes in Scotland involve property.


Anti-Social Crime

Behaviour that can cause alarm or distress to someone from a different household or to the local community.

Can include loud music, regular noisy parties, threats and harassment and breaches of the peace.


Drug Crime

706 people died due to a use of drugs in 2015

The Misuse of Drugs Act classifies different drugs as either category A, B or C depending on how dangerous they are with cocaine a class A and steroids classified as C.


Traffic Crime

There were 200 deaths related to road traffic in Scotland in 2014.

There are many traffic offences which are considered crimes such as speeding, dangerous driving, drink driving, driving whilst using a mobile, etc.


Impact on Victim - Short Term

Short term effects can include physical injury, a loss of property, loss of identity and loss of time. For example because of a mugging a victim may lose cash, their ID, may be injured in an attack and will have to spend time reporting the incident to the police, cancelling credit cards, etc.



Impact on Offender

Most crimes can be punished with a prison sentence. For example, possession of cannabis, a class B drug, can lead to a 5-year prison sentence.

Criminal records must be disclosed at job interviews meaning that a criminal past may stop a person from getting a job.

Going abroad can also be harder as countries like the USA will not grant those with criminal records a holiday visa.

Additionally banks don’t like to give mortgages to people with a criminal record, making it harder for offenders to buy their own home.


Impact on Economy

It is said that violent crime alone costs the UK economy £124 billion every year.

Police investigations, court procedures and prison expenditure all have to be paid for through taxation.

This is all money that could otherwise be spent on schools, hospitals, roads, etc.


Impact on the Community

Crimes like vandalism make our towns and streets less desirable places to be.

Crimes like fraud, identity theft and traffic offences mean that insurances costs increase for everyone.

Shoplifting and counter-fitting can close businesses to close down. For example it is estimated that online piracy costs the computer games industry millions each year – this will have an impact on places like Dundee where many are employed in the games industry.


Role of Police - Maintain Law & Order

Law and order can be maintained by a visible police presence.

Often known as ‘bobbies on the beat’ police can be seen patrolling the streets of Dundee in an effort to deter crime.


Role of Police - Detect Criminals

Police detectives carry out investigations in order to solve crimes.

Police collect evidence such as CCTV footage to help prosecute criminals in court.

Police in Scotland solved almost 150,000 crimes in 2015.


Role of Police - Prevent Crime

Much of the work of police officers is focused on stopping crime before it ever happens.

Police can often be seen by the side of the road with speed cameras in an effort to stop motorists from speeding.


Role of Police - Protect the Public

Where a crime has been committed, the police will use their power of arrest to detain suspects.

Armed police are often seen at airports like Edinburgh in order to protect the public from terrorism


Policing Styles - Reactive Policing

When the police react to a crime that has already happened. This includes responding to traffic accidents and 999 calls.


Policing Styles - Proactive Policing

This includes efforts to stop or deter crime from happening before it does. This can include CCTV, speed cameras and ‘bobbies on the beat’


Policing Styles - Soft Policing

Soft policing is less about chasing criminals and more about engaging with the community. For example community policing, visiting schools and setting up midnight football leagues.


Policing Styles - Hard Policing

This is used rarely and only in serious circumstances.

It can include deploying riot police, as was the case in the London riots, arming police with tasers and even guns when there is the threat of a terrorist incident.


Police Scotland

Police Scotland was formed as a single police force for Scotland in 2013. Before this Scotland had 8 separate police forces, including Tayside Police. Some argue that the combined Police Scotland is more effective whilst others are in favour of a return to separate police forces across the country.


Arguments for Single Police Force

It will improve the service It will save £1.4 billion by 2026 There will be a more clear leadership The police service will be equal across Scotland It will allow for the sharing of ideas


Arguments Against Single Police Force

Concerns about who will be in charge of services in local areas Different areas have different needs – Inverness vs. Dundee The 8 services had a good understanding of their local needs A possible reduction in officers may make fighting crime more difficult.


Licensing Scotland Act 1976

Must be 18 to purchase/consume alcohol. From the age of 16 it is legal to consume some weaker alcoholic drinks in a restaurant with a meal. From the age of 14 it is legal to enter a pub or bar, provided the landlord lets you in. You cannot consume any alcohol at that age. The landlord of a pub can refuse entry to anyone.


Licensing (Scotland) Act 2005

You must have proof of age to buy, shops/pubs must not serve people who are drunk and it is illegal to buy alcohol for under 18’s - £5000 fine and/or 3 months prison.


Alcohol Problem

In 2007-8, there were 40,000 hospital admittances due to alcohol related injuries/illnesses. Scotland has one of the fastest growing rates of liver disease, often causes by excessive alcohol consumption, in the world. This impacts the physical and mental health of many people in Scotland. It has caused families to break down and has led to an increase in violent crime. Studies have shown a link between the rise in the murder rate in Scotland and alcohol. 50% of men and 30% of women are said to exceed the recommended weekly alcohol consumption limit.


Misuse of Drugs Act 1971

It is an offence to possess, supply or intend to supply a controlled drug, or to allow premises to be used for drug taking


Proceeds of Crime Act 2002

The Police can seize assets of convicted drugs dealers.


Anti-Social Behaviour Act 2004

Police can enter and close down premises used for drug-taking or dealing.


Misuse of Drugs Act 2005

Reclassified Cannabis from Class C to Class B and toughened sentences


Psychoactive Substances Act 2016

Makes it an offence to produce, supply or possess psychoactive substances; that is, any substance intended for human consumption that is capable of producing a psychoactive effect, often known as ‘legal highs’. The maximum sentence will be 7 years’ imprisonment


Penalties - Class A Possesion

7 years or unlimited fine or both


Penalties - Class A Supply

Life or Unlimited Fine or both


Penalties - Class B Possesion

5 years or unlimited fine or both


Penalties - Class B Supply

14 years or unlimited fine or both


Penalties - Class C Possesion

2 years or unlimited fine or both


Penalties - Class C Supply

14 years or unlimited fine or both


Class A Drugs

Ecstasy, Heroin, Morphine, Cocaine, Methadone


Class B Drugs

Amphetamine, Cannabis, Dihydrocodeine


Class C Drugs

GHB, Temazepam, Valium, Temgesic


Penalty - Driving without tax or MOT

Max £1000 fine


Penalty - Driving without a licence

3-6 points Max £1000 fine


Penalty - Driving without insurance

6-8 points Max £5000 fine Possible disqualification


Penalty - Speeding on non-motorway

3-6 points Max £1000 fine


Penalty - Speeding on motorway

3-6 points Max £2500 fine


Penalty - Refusing breath test

4 points Max £1000 fine


Penalty - Driving with excess of alcohol or drugs

4 points Max £5000 fine


Penalty - Failure to stop and/or report an accident

5-10 points Maximum £5000 fine


Penalty - Driving while using hand-held mobile phone

3 points £60 fine


Penalty - Causing death while unlicensed, disqualified or uninsured

2 years in prison


Penalty - Causing death by careless or inconsiderate driving

5 years in prison


Penalty - 12 points over 3 years

Banned from driving


The High Court of Justiciary

Scotland's highest criminal court. Edinburgh, Glasgow and Aberdeen have permanent High Court buildings. The High Court deals with the most serious of crimes such as treason, murder and rape, armed robbery, drug trafficking and sexual offences involving children. The maximum penalty it can impose is life imprisonment.


Sheriff Courts

There are a total of 49 sheriff courts throughout Scotland. Sheriff Courts deal with crimes which are too serious for a Justice of the Peace Court but not serious enough for a High Court. For Summary cases it can impose a £10,000 fine and 12 months imprisonment and for Solemn cases and unlimited fine and 3 years imprisonment.


Justice of the Peace Courts

The lowest level of criminal court, Justice of the Peace Courts handle relatively minor crimes such as cases of breach of the peace, minor assaults, minor road traffic offences and petty theft. The maximum sentence that a Magistrate may impose is 12 months imprisonment or a fine not exceeding £10,000. Lay justices can impose custodial sentences of up to 60 days and can impose fines of up to £2,500.


Three Verdicts

1) Guilty 2) Not Guilty 3) Not Proven


Solemn Procedure

A Jury of 15 vote on the guilt of the defendant. A majority is needed to convict a defendant. A judge will decide on the necessary punishment based on what has happened in previous, similar cases. Solemn cases will be heard in the High Court of the Justicary and in serious cases held in a Sheriff court.


Summary Procedure

A judge will make a determination of guilt and decide on the punishment. Summary cases can be found in JotP and Sheriff courts.


Custodial Sentence Advantages - Prison can act as a deterrent

People are less likely to commit a crime if they think they will go to prison. Also, serving a prison sentence should deter people from committing any more crimes to avoid being sent back to jail. For example, the reoffending rate for those serving prison sentences over 3 months is 44%, but for those who serve less than a 3 month sentence it is 72%.


Custodial Sentence Advantages - Offender is punished for their crime

A person’s freedom is taken away from them when they are sentenced to jail. This is the punishment for their crime. As well as this, conditions in prisons are not very nice. For example, often prisons are overcrowded and people have to share a cell meaning cramped conditions. Also, victims or families of victims feel that justice has been done if the offender is punished.


Custodial Sentence Advantages - Prisons can rehabilitate offenders

Prisons offer rehabilitation programmes and allow offenders to gain qualifications to help them find work on their release or to change their behaviour. For example, the STOP programme at Peterhead prison is a rehabilitation package for sex offenders.


Civil Courts

Designed to settle disputes between two or more aggrieved parties. In such cases no law has been broken but the interested parties can’t agree on a solution.


Supreme Court

Highest civil court in the land. In England and Wales it acts as both the highest criminal court and civil court in the land. In Scotland, however, the function of the Supreme Court is to hear appeals from lower civil courts (such as the Court of Session) where Pursuers or Defenders are not happy with the outcome of their court case


Court of Session

The most important civil court located in Scotland is known as the Court of Session. It is divided into two houses – the Inner House and the Outer House. The Outer House hears cases dealing with large sums money or damages such as a large compensation claim. The Inner House deals with appeals from the Outer House and civil cases from the Sheriffs Court. The Court of Session is made up of the Lord President and three other judges. The Lord President plus his three judges decides the verdict in any case, each getting one vote when reaching their decision.


Sheriff Courts - Civil Cases

Most civil cases go through the Sheriffs Court and only go on to the Court of Session or Supreme Court if the cases where a dispute in which a lot of money is involved or as appeals. Typical civil cases, which appear in Sheriff Courts, are cases such as divorce, small money claims, bankruptcy, eviction and licensing.


Children's Hearing or Panel usually use children who

• are out of parental control • are falling into bad company or in moral danger • lack parental care • the victim of abuse • failing to attend school regularly without reasonable excuse • have committed a criminal offence.


Children's Panel - Outcomes

1) Dismiss the case by deciding that no supervision measures are needed for the child. 2) the children’s panel can decide that they need more information before making a decision about what is best for a child and schedule another hearing. 3) The last option available is to decide that compulsory measures of supervision are needed to help the child.


Children's Panel - Disadvantage (Breakdown)

Family breakdown makes co-operation difficult.


Children's Panel - Disadvantage (Soft)

Seen as too ‘soft’ – not a real deterrent as the aim of the panel is never to punish the child.


Children's Panel - Disadvantage (Volunteers)

Panel members are all volunteers so there is a rapid turnover of panel members. The child may end up seeing different adults at every hearing – it is often difficult for young children to trust strangers with sensitive information that makes them upset.


Impact on Victim - Long Term

Long term effects include psychological or emotional effects. Many victims of crime lose confidence, self-esteem and can be scared to go about their daily lives.