Essential Elements Flashcards
1
Q
Assault
A
- common law
- Attack directed to take physical effect on the person of another.
- Whether or not actual actual injury is inflicted.
2
Q
Breach of Peace
A
- Common law
- One or more persons
- Conducting themselves in a riotous or disorderly manner
- Where such conduct causes significant alarm to ordinary people and threaten serious disturbance to the community
3
Q
Attempt PCJ
A
- common law
- overt and intentional action
- interfere with normal investigation of a crime
- or bringing of offender to justice
4
Q
Culpable and reckless fireraising
A
- common law
- property set on fire
- result of a reckless act by the accused
5
Q
Forgery and uttering
A
- common law
- making and publishing of a writing
- feloniously intended
- represent and pass as genuine
6
Q
Fraud
A
- falsehood - false conduct or representation
- fraud - intent to deceive
- wilful imposition - inducing an action not otherwise taken
7
Q
Malicious mischief
A
- common law
- wilful, wanton and malicious
- destruction or damage to property
- of another
8
Q
Offensive weapon
A
- made or adapted for causing injury
- or intended for such use by having it with them
9
Q
Perjury
A
- common law
- wilfully makes a false statement
- under oath
10
Q
Subornation of perjury
A
- common law
- counsels or induced
- another person
- to give false testimony
11
Q
Reset
A
- common law
- intent to deprive the owner
- receive and keep property
- knowing it had been feloniously appropriated
12
Q
Robbery
A
- common law
- feloniously appropriates property
- by means or threats of violence
13
Q
Theft
A
- common law
- appropriating property
- without consent of owner or lawful authority
14
Q
Vandalism
A
S.52 Criminal Law (Consolidation) (Scotland) Act 1995
- wilfully or recklessly
- destroy or damage
- property of another
- without reasonable excuse
15
Q
Wasting police time
A
- common law
- maliciously makes a false statement
- intention and effect of causing unnecessary police investigation
16
Q
Wilful fireraising
A
- common law
- intentionally sets fire
- to any form of property
17
Q
Sexual harassment
A
- unwanted verbal, non verbal or physical conduct
- of a sexual nature
- purpose or effect of violating persons dignity
- or creating intimidating, hostile, degrading, humiliating or offensive environment
18
Q
Domestic abuse
A
- physical, verbal, sexual, psychological or financial abuse
- might amount to criminal conduct
- context of relationship (partner or ex)
19
Q
Hate crime
A
- perceived by victim
- as motivated by prejudice
- against social group
20
Q
Missing person
A
- Whereabouts unknown
- circumstances out of character
- may be subject to crime
- risk of harm to themselves or another
21
Q
Murder
A
- intent to kill
- wilful act so reckless
22
Q
Ammunition
A
- any ammunition for any firearm
- grenades, bombs, missiles
- whether for firearm or not
23
Q
Controlled container
A
- container
- capable of holding liquid
- could injure if thrown
24
Q
Firearm
A
- lethal barrelled weapon
- a shot, bullet or missile can be discharged from
- any prohibited weapon
- component part
- accessory - flash or sound
25
Period of designated sporting event
- 2 hours prior
- 1 hour after
26
Items of clothing can be removed when searching?
- outer coat
- jacket
- gloves
- headgear
- footwear
27
Powers of entry?
DISC
Disturbance
Invitation
Serious - close pursuit
Cries
28
Explain hor/t1
- 7 days from day after to provide
- station of choice
- friend or family can provide
- license, insurance, mot certificate
29
Dangerous driving
Section 2 RTA88
- competent driver would consider
- driving well below standards
- dangerous
- or vehicle in dangerous condition
- danger of either injury or damage
30
Careless driving
S.3 RTA88
- without due care and attention
- without reasonable consideration for other people
31
Prescribed limits for drink driving?
S.5 RTA88
Breath - 22 micrograms (27+ to report)
Blood - 50 milligrams
Urine - 67 milligrams
32
Power of arrest for drink driving?
Section 6 RTA88
33
Driving while unfit
S.4 RTA88
- unfit to drive - impaired
- impairment due to drink or drugs
34
Two types of conditional offer?
Endorsable: issued for more serious offences
Non endorsable: offences less severe
35
Racially aggravated harassment
Section 3(1)(a) Hate crime po
- racially aggravated course of conduct
- intended to amount to harassment
36
Aggravation of offence by prejudice
S.1(1)(a) hate crime
- specific victim
- malice and ill will
- based on victims membership of social group
S.1(1)(b) hate crime
- no named victim
- malice and ill will
- towards group
- based on membership of social group
37
Racially aggravated behaviour
S.3(1)(b) hate crime po
- acts in a racially aggravated manner
- causes alarm or distress
38
Stirring up hatred, racial
S.4(1) hate crime
- threatening, abusive or insulting
- intends to stir up hatred
- based on race
39
40
Stirring up hatred, other social groups
S.4(2) hate crime
- threatening or abusive
- intends to stir up hatred
- against protected characteristic
41
Concern for person
- whereabouts are known or believed to be
- concerns of risk or harm
42
Mental disorder
Defined under s.328 mental health care and treatment etc
- any mental illness
- personality disorder
- learning disability
43
Removal order, mental health, public place
S.297, mental health etc
- person in public place has mental disorder
- person in need of immediate care or treatment
- interest of that person or necessary for protection
44
Interdict
Can prohibit spouse:
- conduct of a spouse to another
- entering or remaining in matrimonial home
- ibid any other residence
- ibid place of work
- ibid school
45
