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128 Cards in this Set
- Front
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Section 38 |
Creates an offence for any person to behave in a threatening or abusive manner, where the behaviour is likely to cause a reasonable person to suffer fear or alarm and the person behaving in such a manner intends the behaviour to cause fear or alarm or is reckless as to whether the behaviour would cause fear or alarm |
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Section 127 Comms act 2003 |
A person is guilty of an offence if they send by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character or causes any such message or matter to be sent |
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Section 127 guilt justification |
A person is guilty of an offence if for the purpose of causing annoyance, inconvenience or needless anxiety to another they send by means of a public communications network a message that he knows to he false, causes such message to he sent or persistently males use of a public electronic communications network. |
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essential elements section 7 psychoactive drugs act 2016 |
a person commits an offence if A. they are in possession of a psychoactive substance B. they know or suspect the substance is a psychoactive substance C. they intend to supply the psycoactive substance for its psychoactive effects |
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essential elements of section 4 psychoactive substance act 2016 |
a person commits and offence if: A. the person intentionally produces a psychoactive substance and B. the peson knows or suspects it is a psycoactive substance and C. they intend to consume it for its psychoactive effects or D. they know or are reckless as to whether the psycoactive substance is likely to be consumed by another for its psychoactive effects |
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essential elements for theft by OLP |
Intent to deprive Overcoming of security Unauthorised appropriation |
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vandalism definition |
creates and offence for any person top wilfully or recklessly destroy the property of another wthout reasonable excuse |
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essential elements of vandalism |
A. either a deliberate intention to damage the property or a wilful act so reckless as to show utter disregard for the consequences B. must be damage or destruction C. the damaged or destroyed property must belong to another person. |
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mal mis definition |
a crime at common law constituted by wilful, wanton and malicious destruction or damage tot he property of another |
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essential elements of mal mis |
must be malice either actual or inferred by the perpertrator |
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firearm defintion |
a lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged and includes any prohibited weapon, whetehr lethal barrelled or not, any component part of such a lethal or prohibited weapon or any accesory to such weapons which are designed or adapted to diminish the sound or flash caused by firing the weapon |
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section 47 firearms act 1968 |
states that if a constable has reasonable cause to suspect that a person is in posession of a firearm or ammunition in public or they are about to commit a section 20 offence A. require the person to make the weapon safe and hand over the firearm and any ammunition for examination B. search the person and detain them for that purpose C. stop and search any vehicle in similar circumstances. |
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controlled container defintion |
a container of any description which is or was capable of holding any liquid and is made from material which if the contaner were to be thrown or propelled at a person could cause injury to that person |
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section 19(1) ctiminal law consolidation scotland act 1995 |
A. it is an offence for any person to be drunk or in possession of alcohol whilst on a public service vehicle or passenger train which is being principally used for carrying passangers to and from a designated sporting event. B. it is also an offence for the hirer, operator or operators employee ro permit alcohol to be carried on such a public service vehicle. |
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dispersal area powers |
A. require the group to disperse B. Direct persons who do npt stay within the designated area to leave the designated area C. Direct any of those persons not ot return for a period of time not exeeding 24 hours |
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reasonable excuse or exemption from dispersal area |
A. those engaging in conduct which is lawful (trade unions) B. Those taking part in a procession, whereby written notice and consent is granted by local authority. |
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drink driving limits |
22 microgrammes of alcohol per 100ml of breath 50 milligrammes of alcohol per 100ml of blood 67 milligrammes of alcohol per 100ml of urine |
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power of entry guidelines |
A. states that if a constable has reason to believe that a suspect is within premises, they may enter premises by force if necessary in order to obtain and preserve evidence if it is in the interest of justice to do so but only in cases invollving an RTC whether the police were in hot pursuit or not or in cases where the person is suspected of committing any drink driving offence but in the absence of an RTC only if the police are in hot pursuit. |
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Section 1 RTA 1988 Cause the death of another by driving. what sections? |
section 87(1) - no licence section 103(1) disqualified section 143 no insurance |
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Dangerous driving defintion |
if a competent and careful driver would consider: A. that the driving falls far below his or her standard and B. would consider the driving to be dangerous or C. that the current state of the vehicle being driven is dangerous |
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MOT definition |
Section 47 RTA 1988 creates an offence for any person to use, cause or permit the use of a motor vehicle on a road without a valid test certificate. |
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timescaes for MOT |
A. All new vehicles 3 years after date of first registration B. if a vehicle has been used on a road prior ro registration, 3 years from date of manufacture C. Foreign vehicles imported into the country has to be registered and would require a test certificate when the vehilce is 3 years old from date of manufacture |
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assault catagories |
direct indirect menaces |
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culpable and reckless conduct |
a reckless act where actions show complete and utter disregard for the consequences |
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breach of the peace definition |
a crime at common law constituted by one or more persons conducting himself or themselves in a riotous and disorderly manner, where such conduct is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community. |
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section 54 civic gov scot act 1982 definition |
creates an offence for any person who sounds or plays any musical instrument, sings or operates any radio, television, record player, tape player or other sound producting device so as to give another person reasonable cause for annoyance and fails to desist when required to do so by a constable in uniform allows you to. A. enter a premises using reasonable force if necessary without warrant B. Seize any noise making equipment C. retain this equipment for 28 days and the owner is liable for storage costs |
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essential elements of reset |
Guilty knowledge Criminal intent Receipt of property property was dishonestly obtained |
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robbery definition |
a crime at common law and is commited by any person who feloniously appropriates property by means of violence or threats of violence |
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accessory definition |
anyone who aids the perpertrator with advice or assistance before or at the time of the crime or who acts in concert by watching when the crime is being committed. |
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ammunition definition |
ammunition is any ammunition for nay firearm and includes grenades, bombs or missiles either capable for use with a firearm or not. |
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section 2 air wepaons and licencing act 2015 |
creates an offence for any person without certificate to use, possess, purchase or aquire an air weapon |
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young persons within licenced premises |
A. age of children/young persons permitted entry B. Times at which children/young persons are permitted entry. C. The areas of the premises where they are allowed to enter. |
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section 63 licensing scotland act 2015 |
creates an offence for any person if out with licensing hours they: A. sell or allows the sale of alcohol on licensed premises or B. allows alcohol to be taken from a licensed premises |
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tyre defects |
A. a tyre is unsuitable for use to which the vehicle is being put on B. tyre is unsuitable for vehicle C. tyre has a cut deep enough to reach the ply or cord D. tyre has a bulge or tear E. tyre has any portion of ply or cord exposed |
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what if person declines VDRS? |
participation is voluntary if they decline submit the offence and report in the usual manner |
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justification for VDRS |
Its the accused personal decision if they wish to accept the VDRS form. if they decline they must be informed the matter will be reported and they have to provide. A. name B. Date of birth C. Nationallity D. details of registered keeper E. VRM |
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section 7 use of blood or urine for drink driving |
under section 7 you can set blood or uring at the station when: A. breathalyser is broken B. accused is medically exempt from providing a speciment of breath C. there is reasonable cause to suspect the provided breath secimen results are wrong |
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who is exempt from insurance |
A. vehicles owned by the crown B. Local authourity cars C. Police Vehicles D. Companies which have deposited 500k within the supreme court E. A vehicle driven for police purposes by or under the direction of a constable |
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insurance defences |
A. the vehicle did no belong to the driver B. the vehicle was not hired to the driver C. the vehicle was being driven by them in the course of their employment D the driver did not know or did not have reason to believe that there ws no insurance cover. |
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murder definition |
a crime at common law and is committed when a person kills another person without necessary cause and where there is either an intention to kill or a wilful act so reckless as to show utter disregard for the consequences. |
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culpable homicide definition |
a crome at common law and is commtted by any person who unlawfully kills another, where death is caused by improper conduct but the guilt is less than murder. |
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classes of homicide |
criminal homicide - murder and culpable homicide non-criminal homicide - Casual and Justifiable (misadventure) |
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wilful firerasing definition |
commited when a person intentionally sets fire to any form of property |
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section 56 civic goverment scotland act 1982 |
creates an offence for any person to lay or light a fire in any public place so as to cause danger to persons or property or give reasonable cause for alarm or annoyance. |
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catagories of death |
medical unexplained medical police reportable |
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3 stages in dealing with death |
preserve life initial assessment response |
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info to note at a sudden death |
time and date of arrival position and description of body and clothing counter contamination measures taken full details of any witnesses statement from witnesses |
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3 ways to enter a plea |
in person in writing by solicitor |
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who needs to attend the intermediate diet |
accused only |
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what are the types of diet (justification for intermediate diet question) |
plea diet - accused will plead intermediate diet - accused will attend to ensure the trial is ready to go ahead on the date fixed. allows the crown and defence to highlight any problems trial diet - accused and witnesses present |
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what details from driver after crash |
under section 170(2) of RTA 1988 the driver must stop and provide details name address VRM - or owners name and address if different |
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what must a person do when hitting and killing animal, injury to person or damage to property or vehicle |
must report in person to a police station within 24 hours |
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reportable animals |
horse, cattle, ass, mule, sheep, goat, pig, dog |
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sections for requirment to present 24 hours later after crash |
setion 170(2) and 170(6) RTA 1988 Section 170(2) creates an offence for failing to comply with requirements section 170(6) if for any reason the driver does not give their name and address under section 170(2) they must report the crash in person at a police station or personalyl to a police constable as soon as reasonably practicable or within 24 hours any person that fails to comply, commits an offence under 170(6) |
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motor vehicle definition |
a mechanically propelled vehicle intended or adapted for use on the roads |
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a male with 10 points has tyre defect, what do you do? |
issue a non endorsable ticket |
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justification for tyre defect question |
tyre defects are non endorsable. non endorsable tickets can be issued to any motorist 16 or over. If this had been an endorsable offence a ticket could not have been issued as the driver would be liable for disqualification under the totting up procedure. |
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house definition |
includes any dwelling house or other roofed building, finished or unfinished, or any part of a building used as a seperate dwelling, which is secured against intrusion by unauthorised persons. |
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assault definition |
a crime at common law and is every attack directed to take effect physically on the person of another whether actual injury is inflicted. |
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a male is attacked due to the colour of his skin, what offence? |
aggravated assualt |
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assault aggravations |
DIMPLER Danger to victim Intent Mode of perpertration Person (Character of victim) Locus Extent of injury Race |
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defences to assualt |
self defence under lawful authority |
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when will a father have parental rights? |
mothers automatically have these parental responsibilities fathers will have the same rights if: - he was married to the mother at the time of conception or thereafter - he has been given them by a court order - he has agreed these rights and responsibilities with the mother and they have been registered through legal process - he is recorded as the father on the birth certificate after 04/05/2006 |
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chid definition |
A child is any person who has not attained the age of 16 years or any person who has attained 16 years but not 18 years and there is a supervision requirment in force. |
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section 12(1) of the childrens and young persons (scotland) act 1937 |
creates an offence for any person aged 16 years or older, who has the parental responsibilities, care or charge of a child or young person under 16 years, and wilfully ill-treats, neglects, abandons or exposes him/her in a manner likely to cause unnecessary suffering or injury to health. |
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shotgun definition |
a shotgun is a smooth bore weapon, not being an air weapon, which has a barrel length not less than 24 inches, a barrel bore not exceeding 2 inches in diameter and must not have a magavine capable of holding more than two cartridges. |
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section 297 in private place |
no powers unless a warrant is obtained entry is authorised by HMO threat to life under section 20 fire reform act |
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section 297 in public place |
powers to remove a person to a place of safety if it is reasonable to suspect that a person in a public place has a mental health disorder and they are in immediate need of care or treatement and it is in the interest of the perosn or for the protection of others |
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section 4 RTA 1988 definition |
offence for any person to drive, attempt to drive or be in charge of a mechanically propelled vehicle on a road or other public place whilst unfit through drink or drugs |
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section 143 RTA 1988 |
creates an offence for any person to use, cause or permit the use of a motor vehicle on a road or public place without a policy of insurance covering 3rd party risks in force. |
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a male is seen driving a care on a road and has no valid insurance. what do you do? |
sieze the vehicle |
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section 165A seize vehicle |
allows you to seize a vehicle if the driver fails to provide their licence or insurance certificate when required to do so or if you have reasonable grounds to suspect they are committing a section 143 offence |
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section 103 RTA 1988 |
creates an offence for any person to obtain a licence or drive a motor vehicle on a road whilst disqualified |
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a male is driving while disqualified what action do you take? |
caution and charge the driver as well as seizing the vehilce |
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justificatioin for 103 offence |
when a person has committed a section 103 offence a constable may caution and charge the driver, report and seize the vehicle |
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what is section 57 of the civic gov scot act 1982 |
creates an offence for any person, without lawful authority to be in or on any building or other premises or whiting its curtilafe or in a vehicle or vessel, so that it may reasonably inferred that they are there to commit a theft. |
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what is a certain person |
someone who has two or more unspent convictions section 58 creates an offence for a certain person to have tools in their posession and it is reasonably inferred that they intended to commit theft. Unable to demonstrate possession of tool was not to commit theft. can be a public place |
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what are the time limits on spent convictions? |
fine - 5 years prison 6 months - 7 years prison no more than 30 months - 10 years prision more than 30 months - never spent |
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what is section 59 |
allow owner, tenent, occupier or authorised person of premises to apprehend ofender if found on that property. |
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section 60 (search) |
section 60 allows you to search any person, without warrant, if there are reasonable grounds to suspect that they are in possession of stolen goods. Section 57, 58 and 59 does not carry power to search. |
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theft definition |
theft is a crime at common law and is the taking and appropriating property without the consent of the rightful owner or other lawful authority. |
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lockfast place definition |
includes rooms, cupboardsm drawers, safes, desks, cash boxes, showcases and any other recepticle the contents of which are protected by lock and key. |
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section 20(1) to section 20(8) |
creates an offence for any person to be within or attempt to enter the relevant area of a sporting ground during the period of a desigated spoting event in possession of a controlled container, alcohol, fireworks, flares etc and whilst drunk |
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missing person definition |
anyone whose whereabouts are unknown, and the circumstances are out of character or the context suggests the person may be subject to crime or the person is at risk of harm to themselves or others. |
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warrant definition |
an authority in writing, issued by a magistrate (jp or sheriff) or other copmpetent person, directing police officers to take a course of action that may not otherwise be lawful. |
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what warrants allow you to force entry |
apprehention warrant |
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what is an apprehention warrants and time scales |
apprehention warrants alow you to force entry, whereas mean enquiry wannrant carry no power of entry time scales: cat A - 21 days Cat B - 28 days Cat C - 2 months |
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you stop a car and suspect driver is intoxicated what do you do? |
Require under section 6 to provide specimen of breath for analysis |
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justification for section 6 procedure |
require driver to provide speciment of breath for a breath test as per section 6 requirment Warn that failure to do so whithout reasonable excuse is an offence and may render them liable to prosecution carries a conditional power of arrest. |
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what is a section 1 warning |
warning of intended prosecution. Caution at common law and note replies at the time of the offence |
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what course of action after section 1 warning? |
notice of intended prosecution must be issued within 14 days and a memo is submitted to the pf copy complaint served on the accused, PF recieve a memo, prepare a copy of complaint and serve within 14 days. |
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what is accused cannot be traced? |
if accused cannot be traced within 14 days the prosecution must prove that enquiries to trace have failed and the accused contributed to the failure |
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time limits for HO/rt1 and FPN |
Ho/rt1 - 7 days to hand in all document from date of issue FPN - 28 days to pay |
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a male assaults another in the street, makes stabbing motion and threatens to stab male. what offence? |
assault by menaces |
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menaces justification |
verbal threats are not enough to constitute the crime of assualt. Threatening gestures inducing a state of bodily fear are sufficient whether or not they are accompanied by menacing words. |
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forgery and uttering definition |
a crime at common law and consists in the maiking and publishing of a writing feloniously intended to represent and pass for the genuine writing of another person. uttering means the tending or presenting of a document (handing it over) |
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forgery and uttering essential elements. |
the document tendered was a forged document the forged document was tendered to some other person in the pretence that it was genuine and authentic the documtn was uttered with the intention of disadvantaging the interest of another. |
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fraud definition |
falsehood - false representation by word of mouth or writing or false conduct fraud - intention to decieve and defraud wilful imposition - that the cheat designed had been succsful tot he extent of gaining benefit or advantage or of prejudicing or tending to prejudice the interest of another person. |
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offensive weapon definition |
includes any article made or adapted for the use of causing injury to the person or intended by the person having it with them for such use by either themselves or by some other person. |
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3 types of offensive weapons |
made - designed fromt he outset to cause injury adapted - article that have been adapted in some way to cause injury intended - these articles under normal circumstances are made for legitimate use, but the offender uses it as a weapon |
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a male is walking down street with a knuckle duster, what action? |
charge with section 47 criminal law consolidation act 1995 |
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section 47 claw act definition |
creates an offence for any person who has with him in any public place any offensive weapon where a constable has reasonable cause to suspect that a person is committing or has committed an offence under section 47 the constable may: search that person without warrant and detain them for such time as is reasonably necessary for the search provided that they inform the person of the reason for their detention |
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what is section 49 |
states it is an offence to have in a public place a bladed or sharply pointed article. it is a competent defence for a person to prove that there was good reason or lawful authority for their possession of the article. the following defences apply: for use at work for religious reasons as part of a national costume educational purposes |
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search powers for section 47 |
section 48(1)
where a constable has reasonable cause to suspect that a peson is committing or has committed an offence under section 47 the constable may search the person without warrant and detain them for such time as it resonably necessary for the search provided that they inform the person of the reason for their detention. |
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what is seciton 70 of the criminal justice and public order act 1994 |
this relates to trespassory assemblies. a chief constable who reasonably believes that 1. an assembly of 20 or more persons will be held on land 2. it is likely to take place without or in excess of the permission of the occupier and 3. that it may result in serious disruption to the life of the community or significant damage to a site of historical, architectual, archeological or scientific importance. may apply to the relevant council for an order prohibiting the holding of all trespassory assemblies at the specific location for a period of not more than 4 days and can be applied to an area not exceeding a 5 mile radius from the place of assembly. |
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you attend a farm with travellers on it. wht do you do? |
most seniour officer can direct them to leave |
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section 61 criminal justice and public order act 1994 |
provides officers with powers in relation to two or more tresspassers. where the lawful occupier has taken reasonable steps to ask trespassers to leave, the most seniour police officer present may issue a direction to trespassers to leave with their vehicles, if any of the following conditions are satisfied. 1. any of those persons has caused damage to the land or property on it or 2. any of those persons has been threatening, abusive or insulting towards the occupier, a member of his or her family or his or her employee or agern or. 3. they have at last 6 vehicles (can include caravans) on the land |
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when should a child be prosecuted in the courts? |
crime/offence would be dealt with on indictement or solemn procedure (serious crime) - offence would result in a child of 15 years or over being disqualified from driving - child is 16 but not 18 and the reporter has terminated the supervision order |
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a child has commited a serious offence what would you do? |
arrest |
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justification for child arrest |
a child should be arrested when the crime is serious or its necessary to revoke the child from bad associations or liberation would defeat the ends of justice. |
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what legislation relates to the use of mobile phones in vehicles? |
regulation 110(1) of the RTA 1988 relates tot he use of mobile phones |
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when is it not an offence to use a hand held mobile phone? |
it is not an offence to use a hand held mobile telephone whilst driving a motor vehicle on a road in the following circumstances: . to call an emergancy service on 112 or 999 . responding to a genuine emergancy . it is impractical to cease driving to make the call |
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a driving instructor is seen using his mobile phone whilst supervising a learner driver, what do you do? |
caution and charge the instructor |
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justification for caution and charge driving instructor |
it is an offence for any person supervising a provisional licence holder, to use a hand held mobole telephone whilst the provisional licence holder is driving a motor vehicle on a road |
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define section 5 of RTA |
creates an offence for any person to drive, attempt to drive or be in charge of a motor vehicle on a road or other public place having consumed alcohol in such a quantity that the proportion of alcohol in their breaht, blood or urine exceeds the prescribed limits |
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what is section 170 RTA 1988 |
applies to reportable road traffic collisions and states that if, owing to the presence of a mechanically propelled vehicle on a road, or other public place, a crash occurs, then the crash is reportable in certain circumstances. . when there is personal injury to a person other than the driver of the vehicle . when there is damage caused to another vehicle or trailer drawn by it . when there is injury caused to an animal not being carried by that vehilce . when damage to other property is caused, which is on or near the road |
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stalking |
sectiopn 39 crim just lice scot act 2010 least 2 occasions -conduct is intended to cause fear or alarm - person outgh to have known the conduct could do so possible conduct = following contacting publishing statement monitoring |
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wasting police time |
crime at common law commited by any person who maliciously makes a false statement to the police with the intention and effect of causing unnecessary police investigation |
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essential elements wasting police time |
no person need be named in false statement damage may be caused to the public by diverting police resources or needless investigation |
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attempt to pervert course justice |
crime at common law any overt and intentional action calculated to interfere with either the normal investigtion of a crime or the bringing of an offender to justice |
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section 178 RTA 1988 |
a person who takes and drive away a motor vehicle without the consent of the owner or other lawful authority shall be guilty of an offecne |
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essential elements 178 RTA |
the motor vehicle has been taken away the motor vehicle has been driven there was no consent from the owner to do this there was no other lawful authority to do this |
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178 (1) RTA |
any person who knowing that a motor vehilce has been so taken drives it or allows themselves to be carried in or on it without such consent or authority shall be guilty of an offence |
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exclusion order liquor |
section 94 provides that where a person is convicted of a violent offence - committed on or in the immediate vicinity of any licensed premises the court can make order prohibiting person from enterning licenced premises no later that 6 weeks after conviction the licenced premises may ask for one exclusioon order min 3 months max 2 years |
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breach of exclusion order liqour |
section 95 if an excluded person enters an authorised person may remove them. reasonable force person who breaches it can be liable to a fine not exceeding level 4 or imprisonment for a term not exceeding a month or both |
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closure order liquor |
sect 97(2) constable above the ran of inspector can apply to licencing board to close licensed premises |
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permitted levels of noise |
0700 - 1900 41db 1900 - 2300 37db 2300 - 0700 31 db |
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littering |
can five FPN no more than 24 hours later send copy to litter authority in are offence commited can iffue £50 FPN maxiumum of £200 |
