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Criminal Law > Statutes > Flashcards

Statutes Flashcards

1
Q

Act which contains Corporate Liability & Corporate Homicide

A

Corporate Manslaughter and Corporate Homicide Act 2007,

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2
Q

Corporate Manslaughter and Corporate Homicide Act 2007, section 1(1)

A

(1) An organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised–
(a) causes a person’s death, and
(b) amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.

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3
Q

Sexual Offences (Scotland) Act 2009 s.1

A

Rape

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4
Q

Sexual Offences (Scotland) Act 2009 s.1(1)

A

definition of rape - penetrates without consent the vagina, anus or mouth

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5
Q

Sexual Offences (Scotland) Act 2009, s. 2

A

Sexual Assault by Penetration

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6
Q

Sexual Offences (Scotland) Act 2009, s. 2(1)

A

definition of sexual assault by penetration.

without consent, penetrates sexually the vagina or anus

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7
Q

Sexual Offences (Scotland) Act 2009, s 3

A

Sexual Assault

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8
Q

Sexual assault as seen in act

A

s.3(2)

(a) penetrates sexually the vagina, anus or mouth of B,

(b) intentionally or recklessly touches B sexually,

(c) engages in any other form of sexual activity in which A, intentionally or recklessly, has physical contact with B,

(d) intentionally or recklessly ejaculates semen onto B,

(e) intentionally or recklessly emits urine or saliva onto B sexually

(3) For the purposes of paragraph (a) of subsection (2), penetration is a continuing act from entry until withdrawal of whatever is intruded; but this subsection is subject to subsection (4).

(4) In a case where penetration is initially consented to but at some point of time the consent is withdrawn, subsection (3) is to be construed as if the reference in it to a continuing act from entry were a reference to a continuing act from that point of time.

(5) Without prejudice to the generality of paragraph (a) of subsection (2), the reference in that subsection to penetration by any means is to be construed as including a reference to penetration with A’s penis.

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9
Q

Where do you find the rules on consent

A

Sexual Offences (Scotland) Act 2009, s 12

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10
Q

what does consent mean

A

free agreement

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11
Q

Sexual Offences (Scotland) Act 2009, s 13

A

circumstances in which conduct takes place without free agreement

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12
Q

What are the circumstances in which conduct takes place without free agreement

A

s.13(2)

(a) where B is incapable because of the effect of alcohol or any other substance

(b) where B agrees or submits to the conduct because of violence or threats

(c) where B agrees or submits to the conduct because B is unlawfully detained by A,

(d) where B agrees or submits to the conduct because B is mistaken, as a result of deception by A, as to the nature or purpose of the conduct,

(e) where B agrees or submits to the conduct because A impersonates a person known personally to B

(f) where the only expression or indication of agreement to the conduct is from a person other than B.

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13
Q

Sexual Offences (Scotland) Act 2009, s 14

A

s.14(2)

A person is incapable, while asleep or unconscious, of consenting to any conduct.

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14
Q

Sexual Offences (Scotland) Act 2009, s 15

A

Consent: scope and withdrawal

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15
Q

Sexual Offences (Scotland) Act 2009, s 16

A

Reasonable belief.

Whether the accused took any steps to ascertain whether there was consent or knowledge.

Burden of proof is on the accused to prove why they thought they had consent.

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16
Q

Criminal law (Consolidation) (Scotland) Act 1995, s 1

A

Incest (and exceptions)

(1) Any male person who has sexual intercourse with a person related to him or any female person who has sexual intercourse with a person related to her shall be guilty of incest, unless the accused proves that he or she

(a) did not know and had no reason to suspect they were related

(b) did not consent to have sexual intercourse

(c) was married to that person, at the time when the sexual intercourse took place, by a marriage entered into outside Scotland and recognised as valid by Scots law.

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17
Q

Domestic Abuse act

A

Domestic Abuse (Scotland) Act 2018

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18
Q

Criminal Law (Consolidation) (Scotland) Act 1995, s 52

A

Vandalism

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19
Q

Corporate Manslaughter and Corporate Homicide Act 2007 Section 1(4)

A

definition of ‘gross breach’

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20
Q

Corporate Manslaughter and Corporate Homicide Act 2007 Section 1(5)

A

defines this crime as corporate homicide

21
Q

Sexual Offences (Scotland) Act 2009 s.1(2)

A

penetration is a continuing act

22
Q

Sexual Offences (Scotland) Act 2009 s.1(3)

A

if consent is withdrawn, penetration is considered from the point consent is retracted onwards

23
Q

Sexual Offences (Scotland) Act 2009 s.1(4)

A

‘penis’ includes surgically constructed penis, ‘vagina’ includes vulva and surgically constructed vagina

24
Q

why is there an overlap between s.1 and s.2 of the Sexual Offences (Scotland) Act 2009

A

as the victim may not know what was used to penetrate them

25
Q

Sexual Offences (Scotland) Act 2009, s. 2(2)

A

continuing act from entry until withdrawn

26
Q

Sexual Offences (Scotland) Act 2009, s. 2(3)

A

if consent is withdrawn - considered from the point consent is withdrawn onwards

27
Q

Sexual Offences (Scotland) Act 2009, s. 2(4)

A

includes penetration with penis

28
Q

Criminal Law (Consolidation) (Scotland) Act 1995, s 52(1)

A

definition of vandalism.

any person who wilfully or recklessly destroys or damages any property belonging to another

29
Q

Criminal Law (Consolidation) (Scotland) Act 1995, s 52(2)

A

Does NOT include the offence of fire-raising

30
Q

Domestic Abuse (Scotland) Act 2018 s.1

A

Abusive behaviour towards partner or ex partner

31
Q

Domestic Abuse (Scotland) Act 2018 s.2

A

What constitutes abusive behaviour

32
Q

Domestic Abuse (Scotland) Act 2018 s.2(2)

A

Behaviour which is abusive

(a) violent, threatening or intimidating behaviour
(b) behaviour directed at B, or child of B that has either of the relevant effects seen in ss.3

33
Q

Domestic Abuse (Scotland) Act 2018 s.2(3)

A

relevant effects:

(a) making B dependent
(b) isolating B from friends, relatives or other support
(c) controlling B’s day to day activities
(d) depriving B of freedom of action
(e) frightening, humiliating, degrading or punishing B

34
Q

Domestic Abuse (Scotland) Act 2018 s.3

A

extra-territorial jurisdiction

can be prosecuted for offence if it occurs outside UK if they are UK national

35
Q

Domestic Abuse (Scotland) Act 2018 s.5

A

Aggravation in relation to a child

36
Q

Domestic Abuse (Scotland) Act 2018 s.5(5)

A

does not need to be evidence that the child has any awareness of A’s behaviour or any understanding of A’s behaviour

37
Q

Domestic Abuse (Scotland) Act 2018 s.11

A

meaning of partner/ex-partner

38
Q

Criminal Justice and Licensing (Scotland) Act 2010 s.38

A

behaving in a threatening or abusive manner

39
Q

Criminal Justice and Licensing (Scotland) Act 2010 s.39

A

offence of stalking

40
Q

Criminal Justice and Licensing (Scotland) Act 2010 s.26

A

Voluntary Intoxication is no defence

41
Q

Criminal Justice and Licensing (Scotland) Act 2010 s.41A(1) & s.41A(2)

A

Non-age/prosecution of <12
s.41A(1) a children under the age of 12 may not be prosecuted for an offence

s.41A(2) a person aged 12+ may not be prosecuted for an offence which was committed at the time they were under 12 y/o

42
Q

Criminal Justice and Licensing (Scotland) Act 2010 s.101(1)

A

Previous convictions against the accused shall not be laid before the jury

43
Q

Criminal Justice and Licensing (Scotland) Act 2010 s.166(3)

A

Any previous convictions should not be laid before the judge

44
Q

Criminal Justice and Licensing (Scotland) Act 2010 s.259

A

exceptions to the rule that hearsay evidence is inadmissible:

person who made the original statement:

(a) is dead or mentally unfit
(b) is out within the UK and it is not reasonable that they should return
(c) cannot be found
(d) refuses to give evidence

45
Q

Criminal Justice and Licensing (Scotland) Act 2010 s.271

A

Vulnerable witnesses:

all child witnesses
mental disorder
victims of sexual abuse, domestic abuse etc

46
Q

Criminal Justice and Licensing (Scotland) Act 2010 s.53F

A

unfitness for trial

47
Q

Criminal Justice and Licensing (Scotland) Act 2010 s.51A

A

persons with mental disorders/ balance of probabilities

special defence - not criminally responsible for conduct if they were unable to appreciate nature of wrongfulness

48
Q

Criminal Justice and Licensing (Scotland) Act 2010 s.51B

A

diminished responsibility

Criminal Law (10 decks)

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