Offences / Search Flashcards
(134 cards)
0
Q
Detain and search any person you suspect of committing offence punishable by imprisonment
A
Section 14 Criminal Procedure (Scotland) Act 1995
1
Q
Offence for person to assault, resist, obstruct or hinder constable or member of police staff acting in that capacity
A
Section 90 Police and Fire Reform Scotland Act 2012
2
Q
Power to search anyone suspected to be in possession of an offensive weapon in public place
A
Sections 48 Criminal Law (Consolidation) (Scotland) Act 1995
3
Q
Power to arrest anyone carrying an offensive weapon in a public place
A
Section 47 Criminal Law (Consolidation) (Scotland) Act 1995
4
Q
Power to arrest anyone in possession of bladed or sharply pointed article in a public place
A
Section 49 Criminal Law (Consolidation) (Scotland) Act 1995
5
Q
Power to arrest anyone carrying an offensive weapon in a school or prison
A
Section 49 Criminal Law (Consolidation) (Scotland) Act 1995
6
Q
Power to search someone suspected of being in possession of a bladed or sharply pointed article
A
Section 50 Criminal Law (Consolidation) (Scotland) Act 1995
7
Q
Power to search anyone suspected to be in possession of a controlled drug - includes vehicle if related
A
Section 23 Misuse of Drugs Act 1971
8
Q
Offence for any person to wilfully or recklessly destroy or damage the property of another without reasonable excuse
A
Section 52 Criminal Law (Consolidation) (Scotland) Act 1995
9
Q
Missing Persons - information required
A
Statements
Search
Productions
Intelligence
10
Q
Missing Persons - 3 initial actions during enquiry
A
A record of circumstances and update supervisor
Risk assessment
PNC updated via control room (within 48 hours)
11
Q
Antisocial - When would constable remove / arrange removal of a vehicle
A
When causing obstruction
When left in dangerous condition
Contravening a parking prohibition or restriction
12
Q
Antisocial - S62 Control of Pollution Act 1974 - offence for loud speakers on cars:
A
Offence to use loudspeaker for any purpose on road between 9pm and 8am
AND
Offence to use loudspeaker to advertise entertainment, trade or business at any time
13
Q
Antisocial- Exemptions to loud speaker offences on cars:
A
ice cream vans and mobile shops
14
Q
Antisocial - When can loudspeaker advertise sale of goods
A
Between noon and 7pm IF:
loudspeaker is fixed to vehicle carrying perishable goods for human consumption and
loudspeaker is operated by chimes (not words) solely to inform public of the availability of perishable goods within the vehicle and
the loudspeaker does not give annoyance to persons in victinity
15
Q
Firearms in public place - can arrest anyone who you have reasonable cause to suspect of committing without warrant, anyone:
A
In possession of:
- a loaded shotgun
- an air weapon (loaded or not)
- any other firearm loaded or unloaded if the person also has suitable ammunition in their possession
- an imitation firearm
17
Q
Firearms - offence to trespass:
A
without reasonable excuse in possession of a firearm or imitation firearm. includes land covered by water or into buildings. may arrest anyone with reasonable cause to suspect of having committed this offence.
18
Q
Firearms - age allowed to be in possession of Shotgun
A
any age with certificate
19
Q
Firearms - age allowed to be in possession of air weapon
A
over 18 (no certificate required)
20
Q
Firearms - age allowed to be in possession of Section 1 Firearm
A
Over 18 with a certificate (exceptional circumstances to 15-17 year olds)
21
Q
Firearms - possession restrictions for Shotgun
A
under 15 - must be supervised by someone over 21 or the shotgun is covered with a securely fastened gun cover and can not be fired
22
Q
Firearms - possession restrictions for air weapon
A
under 18 - must be supervised by someone over 21 or as a member of an approved rifle club at club meetings etc or whilst at a shooting gallery
over 14 - can use an air weapon on private premises with consent of the owner
23
Q
Firearms - possession restrictions for Section 1 Firearm
A
under 18 - acting as a gun bearer or member of an approved rifle club or at a shooting gallery
over 17 can borrow without a certificate from owner / servant who has a certificate and use on their property under their supervision
24
Q
Age to purchase shotgun, air weapon, section 1 firearm
A
all 18 years old
25
Age to gift shotgun, air weapon, section 1 firearm
cannot gift to under:
shotgun - 15
air weapon - 18
section 1 firearm - gift or lend 14
26
Under 18s are permitted to use shotguns, air weapons, and section 1 firearms in following circumstances
```
slaughtering instrument
vermin, wildlife control
sporting purposes
competition purposes
target and clay shooting
```
27
Liquor - Mandatory Conditions (5)
- Alcohol can only be sold in accordance operating plan
- All activities in accordance operating plan
- All staff should have "in house" training
- No variations in price in 72 hour period
- No irresponsible drinks promotions
28
Liqour - Late opening conditions if capacity 250+, provides after 1am: live or recorded music 85+db or dancing or adult entertainment or when fully occupied more people standing than sitting (6)
- A personal license holder must be on premises after 1am
- First aider present
- CCTV installed approved by CC
- Written policies on evacuation
- Toilets supervised
- Security Industry Authority Stewards present at entrances from 1am
29
Liqour - Who can apply occasional license
- holder of premises license
- holder of personal license
- representitive of voluntary organisation
max period 14 days for weddings, social event etc
30
Sporting Events - Offence for any person to enter or attempt to enter when:
```
In possession of a controlled container
In possession of alcohol
In possession of firework or smoke flare
Are drunk
Unconditional power of arrest when offence suspected
```
31
Protection of Adults - Define "Adult at Risk"
person aged 16 or over
unable to safeguard themselves, their property, rights or other interests
are at risk of harm because they have
a disability, mental disorder or other mental illness
32
Protection of Adults- List the measures which can be put in place when adults are at risk of harm
Assessment Order - council officer can remove to allow an assessment to be made - person can leave at any time
Removal Order - council officer can remove to specified place. Must be within 72 hours of order and expires after 7 days from removal - person can leave at any time. granted by Sheriff.
Banning Order - bans subject from a place for up to 6 months. can grant temporary order pending permanent order. granted by Sheriff.
33
Antisocial Behaviour - permitted levels of noise in a dwelling
0700-1900 - 41db
1900-2300 - 37 db
2300-0700 - 31db
34
Antisocial Behaviour - Procedure for authorising Dispersal Area
Superintendent or above, where reasonable cause to believe members of the public alarmed or distressed by presence or behaviour of groups of 2 or more people in public places AND
antisocial behaviour is significant, persistant and serious problem in the area
35
Antisocial Behaviour - Where must dispersal notice be posted and maximum period
Local newspaper
within Dispersal Area
max 3 months
36
Antisocial Behaviour - police powers for dispersal of groups
Require group to disperse
People who don't live in the area can be directed to leave
Direct people not to return for a specified time (not exceeding 24 hours)
reasonable grounds for suspecting offence - arrest without warrant
37
Standard Search - action when bomb is suspected
```
Confirm
Clear obstructions and mark route
Cordon
Control access
Check distance and secondary devices
```
38
Standard Search - bomb clearance distances
up to briefcase size - 100metres
briefcase to small vehicle - 200metres
small vehicle to large vehicle - 400metres
39
Standard Search - transmission distances
Airwave or mobile phone - 15metres
Vehicle radio - 50metres
always behind hard cover and outwith sight line of device
40
Public Order - Elements to prove mobbing and rioting
Concourse (there was a mob)
Illegal combination (acting together to defy legal authority)
Alarm to the lieges (breach of the peace)
41
Child Offenders - Define the meaning of 'child'
someone under 16 or someone 16 or 17 where there is a supervision requirement
42
Child offenders - state the 3 circumstances a child will be prosecuted in courts:
Supervison order - child over 16 but not 18 and supervision order terminated - now an adult
Indictment or solemn - crime or offence to be dealt with on indictment or solemn procedure
Disqualified from driving - offence would result in child over 15 being disqualified from driving (reporter can not impose this)
43
Child Offenders - Circumstances a child should be arrested
```
Crime is serious
or
Necessary to remove child from bad associations (parents)
or
Liberation would defeat ends of justice
```
44
Dealing with Death - circumstances when body must be seized
Identity can not be established
Procurator Fiscal - ordered
death occurred Out of doors or uninhabited premises and no responsible person to take charge
Doctor unwilling to issue death cert - post mortem likely
Suspicious circumstances
45
Dealing with death - Who can PLE
usually doctor and forensic medical examiner but also paramedics and police
where badly mutilated or decapitated, doctor or paramedic must PLE
46
Protecting Children - S12 children and young persons scotland act - offence for:
Any person aged 16 years or over who has parental responsibilities or charge of care for a child under 16 and wilfully ill treats, neglects, abaondones or exposes him/her in a manner likely to cause unnecessary suffering or injury to health (including mental)
47
Protecting Children - warning signs in parents and children of abuse
Parents - reluctance to discuss injuries, inconsistencies in explanations, hostility towards agencies
Children - fear of adults, finger tip bruising, repetitive bruising, bites and circular burns
48
Child Offenders - Define the meaning of 'child'
someone under 16 or someone 16 or 17 where there is a supervision requirement
49
Child offenders - state the 3 circumstances a child will be prosecuted in courts:
Supervison order - child over 16 but not 18 and supervision order terminated - now an adult
Indictment or solemn - crime or offence to be dealt with on indictment or solemn procedure
Disqualified from driving - offence would result in child over 15 being disqualified from driving (reporter can not impose this)
50
Child Offenders - Circumstances a child should be arrested
```
Crime is serious
or
Necessary to remove child from bad associations (parents)
or
Liberation would defeat ends of justice
```
51
Dealing with Death - circumstances when body must be seized
Identity can not be established
Procurator Fiscal - ordered
death occurred Out of doors or uninhabited premises and no responsible person to take charge
Doctor unwilling to issue death cert - post mortem likely
Suspicious circumstances
52
Dealing with death - Who can PLE
usually doctor and forensic medical examiner but also paramedics and police
where badly mutilated or decapitated, doctor or paramedic must PLE
53
Protecting Children - S12 children and young persons scotland act - offence for:
Any person aged 16 years or over who has parental responsibilities or charge of care for a child under 16 and wilfully ill treats, neglects, abaondones or exposes him/her in a manner likely to cause unnecessary suffering or injury to health (including mental)
54
Protecting Children - warning signs in parents and children of abuse
Parents - reluctance to discuss injuries, inconsistencies in explanations, hostility towards agencies
Children - fear of adults, finger tip bruising, repetitive bruising, bites and circular burns
55
Child Offenders - Define the meaning of 'child'
someone under 16 or someone 16 or 17 where there is a supervision requirement
56
Child offenders - state the 3 circumstances a child will be prosecuted in courts:
Supervison order - child over 16 but not 18 and supervision order terminated - now an adult
Indictment or solemn - crime or offence to be dealt with on indictment or solemn procedure
Disqualified from driving - offence would result in child over 15 being disqualified from driving (reporter can not impose this)
57
Child Offenders - Circumstances a child should be arrested
```
Crime is serious
or
Necessary to remove child from bad associations (parents)
or
Liberation would defeat ends of justice
```
58
Child Offenders - Define the meaning of 'child'
someone under 16 or someone 16 or 17 where there is a supervision requirement
59
Child offenders - state the 3 circumstances a child will be prosecuted in courts:
Supervison order - child over 16 but not 18 and supervision order terminated - now an adult
Indictment or solemn - crime or offence to be dealt with on indictment or solemn procedure
Disqualified from driving - offence would result in child over 15 being disqualified from driving (reporter can not impose this)
60
Child Offenders - Circumstances a child should be arrested
```
Crime is serious
or
Necessary to remove child from bad associations (parents)
or
Liberation would defeat ends of justice
```
61
Child Offenders - Define the meaning of 'child'
someone under 16 or someone 16 or 17 where there is a supervision requirement
62
Child offenders - state the 3 circumstances a child will be prosecuted in courts:
Supervison order - child over 16 but not 18 and supervision order terminated - now an adult
Indictment or solemn - crime or offence to be dealt with on indictment or solemn procedure
Disqualified from driving - offence would result in child over 15 being disqualified from driving (reporter can not impose this)
63
Child Offenders - Circumstances a child should be arrested
```
Crime is serious
or
Necessary to remove child from bad associations (parents)
or
Liberation would defeat ends of justice
```
64
Child Offenders - Define the meaning of 'child'
someone under 16 or someone 16 or 17 where there is a supervision requirement
65
Child offenders - state the 3 circumstances a child will be prosecuted in courts:
Supervison order - child over 16 but not 18 and supervision order terminated - now an adult
Indictment or solemn - crime or offence to be dealt with on indictment or solemn procedure
Disqualified from driving - offence would result in child over 15 being disqualified from driving (reporter can not impose this)
66
Child Offenders - Circumstances a child should be arrested
```
Crime is serious
or
Necessary to remove child from bad associations (parents)
or
Liberation would defeat ends of justice
```
67
Road Policing - 3 exemptions to the requirement to have third party insurance
local authority vehicles
police authority vehicles
vehicle driven for police purposes by or under the direction of a constable
68
Road policing - give 3 examples of a mechanically propelled vehicle
a grass cutter
when engine has been taken out of car to be replaced
a broken down vehicle which may be repaired
69
Road policing - give 3 examples of driving
driving in the normal sense
being towed by another vehicle (excluding rigid tow)
pushing a car and jumping in when it is moving, even if engine is off
70
Road Policing - Give the statutory defence for not knowing a vehicle had no insurance
When ALL:
vehicle did not belong to driver
was not hired to the driver
vehicle was being driven in course of employment
person neither knew or had reason to believe no insurance
71
3 occasions inspector or above must authorise samples when arrested
nail scrapings and cuttings
samples of hair other than pubic by combing, cutting, plucking
external swabs blood, body fluid, body tissue
72
when must an arrest cease
when grounds no longer exist
| a court decides they should be released or imprisoned
73
citizens power of arrest - can arrest when
citizen witness a crime (other than minor)
can not arrest on suspicion, break open doors etc.
breach of the peace - can try and stop but can not arrest
when arrest made police must be contacted asap
74
evidence - list the four principles regarding identification using photographs
must be shown at least 12 photographs (including suspect)
other pictures should be of similar appearance
no marks to identify suspect's photograph
witness should be left to make decision without the help of other witnesses
75
evidence - id parade - how many people should there be
min 6 max 9 including suspect. can be up to 2 suspects in a parade, 1 additional stand in for each suspect (min 8)
76
Evidence - explain 'moorov doctrine' and 'howden principle'
moorov doctrine - 1 eye witness in each case, 2 or more crimes by same offender can be corroborated where there is sufficient similarity
howden principle - has to be 1 eye witness in at least 1 case, 2 or more crimes same offender and similar offences
77
Identify 3 different types of warrant
apprehension warrant (urgent cases - can apply verbally)
means enquiry warrant
extract conviction warrant
78
warrants - circumstances you can enter an accused's house
only for apprehension warrant can you force entry and MUST be in possession of actual warrant
79
court procedure - what is precognition
statement taken from a witness by or on behalf of procurator fiscal or defence solicitor
80
evidence - what is exculpatory material
obtained or generated in the course of an investigation and could help the accused / weaken the prosecution
81
Road Policing - 3 exemptions to the requirement to have third party insurance
local authority vehicles
police authority vehicles
vehicle driven for police purposes by or under the direction of a constable
82
Road policing - give 3 examples of a mechanically propelled vehicle
a grass cutter
when engine has been taken out of car to be replaced
a broken down vehicle which may be repaired
83
Road policing - give 3 examples of driving
driving in the normal sense
being towed by another vehicle (excluding rigid tow)
pushing a car and jumping in when it is moving, even if engine is off
84
Road Policing - Give the statutory defence for not knowing a vehicle had no insurance
When ALL:
vehicle did not belong to driver
was not hired to the driver
vehicle was being driven in course of employment
person neither knew or had reason to believe no insurance
85
list the categories of assault
direct - punching, kicking
indirect - setting a dog on someone
menaces - aiming a gun at someone
86
aggravations of assault
danger to victim - pushing someone into a road
mode - use of weapons
entent of injury
locus - victim's own home
character of victim - child, pregnant woman, social worker, police
racial
87
explain provocation in relation to assault
may reduce sentence
88
define stalking and give 3 examples of conduct which may be considered stalking
where a person engages in a course of conduct on at least 2 occasions which causes another to suffer fear or alarm
```
following
contacting by any means
monitoring the victim's use of the internet
loitering in public or private
watching or spying
```
89
3 examples of contempt of court
```
failing to attend court when cited
attending court drunk
refusing to take oath or affirm
refusing to answer questions
allowing mobile phone to sound
```
90
drugs - explain the offence in relation to premises section 8 misuse of drugs act 1971
offence for occupier or manager of any premises to KNOWINGLY permit:
production or attempting to produce controlled drug
supplying or attempting to supply a controlled drug
preparing opium for smoking
smoking cannabis, cannabis resin or prepared opium
91
who can issue drugs house search warrant
sheriff or justice of the peace - will have to swear oath or affirm
valid for 1 month
can be used any time within that month
can only be used once
92
state power of arrest under section 24 misuse of drugs act 1971
conditional arrest if:
believe person will abscond OR
the person's name and address are not known and can not be ascertained OR
not satisfied name and address given are true
can use common law and detain section 14
93
state the 3 essential elements of forgery and uttering
the document was a forged document
forged document was tendered in the pretence it was geniune
intention to disadvantage another person
94
list the 3 ways in which culpable homicide is committed
killing is intentional
consequence of unlawful acts
undue negligence
95
offensive weapons - age restrictions for sale of knives
offense to sell any knife, knife blade, razor blade, axe etc to under 18
can sell domestic knives to 16 or over
96
sexual offences - state police powers for sexual offences
silent in relation to arrest - punishable by imprisonment section 14
97
essential elements of theft
there was appropriation (taking, finding, refusing to return)
taking was felonious
intent to deprive the owner
property belonged to another
98
essential elements of "theft by housebreaking"
overcoming the security of the house
unauthorised appropriation of property
intent to deprive the owner
housebreaking is not a crime - theft (by housebreaking)
99
essential elements of robbery
violence or threats of violence
intent to steal
must take possession of property
100
essential elements for vandalism
deliberate intention to damage or an act so reckless as to show utter disregard for the consequences
must be damage or destruction to property
must be to property which does not belong to the accused
101
state where and who searches a dead body
mortuary
| enquiry officer
102
Public order - organiser of public procession must give how much notice and to who of procession
28 days written must include date, time, route and number of people expected
LA and Chief Constable
LA can impose conditions
103
public order: offences and police powers relating to persons trespassing with the purpose of residing on land
where owner has taken reasonable steps to ask them to leave and:
- where damage has been caused to land OR
- any persons have been threatening, abusive or insulting OR
- they have at least 6 vehicles (car towing caravan - 2 vehicles)
arrest without warrant, seize and remove vehicles
104
child offenders - when child must be detained, always detain child at place of safety other than police station other than:
when child is so unruly that they can not be detained elsewhere
impracticable to detain elsewhere
their physical or mental health means they can not be detained elsewhere
105
missing persons - dimensions of enquiry
ensuring the welfare of the missing person and
| providing appropriate support to the person initiating the report
106
section 38 - essential elements
behave in a threatening or abusive manner
likely to cause a reasonable person to suffer fear or alarm and
intent to cause fear or alarm or reckless as to whether fear or alarm was caused
107
section 38 - police powers
silent on arrest punishable by inprisonment
108
section 54 civic government scotland act - loud music - essential elements
can be committed anywhere
offence for any person to:
sound or play a musical instrument or
sing or perform or
operate any radio, television, record player, tape player or other sound producing device
if it annoys another person and the offender refuses to desist when required to do so by a constable in uniform
109
section 54 civic government scotland act - loud music - police powers
caution and charge with fixed penalty notice. can seize equipment for up to 28 days
110
assault - essential elements
must be with criminal intent to cause injury to the person
111
assault - police powers
common law crime - detail section 14
112
drugs - section 4 misuse of drugs, production and supply - essential elements
produce or be concerned in the production of a controlled drug or supply or offer to supply a controlled drug to another or be concerned in the supply
113
drugs - section 4 misuse of drugs, production and supply - police powers
conditional power if arrest if:
intent to abscond or
name and address cannot be ascertained or
not satisfied with name and address
114
theft - essential elements
Belonged to another
Appropriation of property
taking was Felonious
Intent to deprive the owner
115
theft - search powers
section 60 civic government scotland act 1982 - can search any person, vehicle or vessel where stolen property is suspected and seize anything believed to be stolen or evidence of theft
116
theft - police powers
common law, detain section 14
117
theft by housebreaking - essential elements
Overcoming the security of the house
Unauthorised appropriation of property from within
Intent to deprive the owner
118
theft by housebreaking - power of search
section 60 civic government scotland act 1982
119
theft by housebreaking - police powers
common law, detain section 14
120
reset - essential elements
guilty knowledge
receipt of property
criminal intent
property dishonestly obtained
121
reset - search powers
section 60 civic government scotland act 1982
122
reset - police powers
common law, detain section 14
123
drugs - state the offence of unlawful possession section 5
unlawful for any person to have a controlled drug in their possession without lawful authority
124
drugs - state the staturtory defence for unlawful possession of a controlled drug
if someone took it from another person to stop them committing an offence or to stop them continuing to commit an offence AND as soon as possible after taking possession the drug was destroyed or police informed
125
theft - state the doctrine of recent possession
No reasonable explanation
Incriminating circumstances
Thereafter traced in the possession of the accused
property was Stolen
126
Robbery - essential elements
Violence or threats of violence
Intent to steal
Must take possession of property
127
Section 178 rta 1988 essential elements
the vehicle has been taken away
the vehicle has been driven
no consent from owner
no other lawful authority
128
section 178 rta 1988 power of arrest
unconditional when suspected or attempting to commit
129
preventitive offences - section 57 civic government scotland act 1982 explain offence
offence for any person to be found
```
without lawful authority
in or on any building or other premises
or within its curtilage
or in a vehicle or vessel
can reasonably be inferred they intend to commit theft
detain section 14 or arrest section 59
```
130
offensive weapons - state powers under section 49A criminal law consolidation scotland act in relation to school premises
offence for any person to have with them on school premises:
a sharply pointed or bladed article or
an offensive weapon
search - 49B
131
essential elements of forgery and uttering
document was a "forged document"
document was tendered to another person in the pretence it was genuine
intention to disadvantage the interests of another
132
initial action for sexual offence
treat victim with sensitivity
generous with time and attentive
consider medical welfare
not to eat or drink
133
firearms - section 47 firearms act 1968 - constable may
where there is reasonable cause to suspect a person is in possession of a firearm or ammunition in public or that they are about to commit a section 20 offence the constable may:
- require the firearm to be handed over and any ammunition
- search and detain the person for the search
- stop and search any vehicle in similar circumstances
134
public order - essential elements of mobbing and rioting
concourse - there was a mob
Illegal combination - acting together to defy legal authority
Alarm to the lieges - breach of the peace
