Podcast
Questions and Answers
What is the additional time added for a sentence of imprisonment not exceeding 12 months for individuals aged 18 and over at the time of conviction?
What is the additional time added for a sentence of imprisonment not exceeding 12 months for individuals aged 18 and over at the time of conviction?
- 1 year
- 6 months
- 4 years
- 2 years (correct)
For a person convicted of imprisonment between 12-30 months aged under 18, how long is the rehabilitation exclusion period?
For a person convicted of imprisonment between 12-30 months aged under 18, how long is the rehabilitation exclusion period?
- 2 years
- 5 years (correct)
- 3 years
- 1 year
If an individual aged 18 and over is sentenced to imprisonment between 30-48 months, how much additional time is added to their sentence?
If an individual aged 18 and over is sentenced to imprisonment between 30-48 months, how much additional time is added to their sentence?
- 4 years
- 6 years
- 3 years (correct)
- 2 years
What happens to individuals sentenced to imprisonment exceeding 48 months with respect to rehabilitation?
What happens to individuals sentenced to imprisonment exceeding 48 months with respect to rehabilitation?
What is the minimum time period that must pass before someone convicted of a fine will be eligible for rehabilitation if they are under 18 at the time of conviction?
What is the minimum time period that must pass before someone convicted of a fine will be eligible for rehabilitation if they are under 18 at the time of conviction?
If a person is sentenced to imprisonment for longer than 48 months, what can be inferred about their rehabilitation?
If a person is sentenced to imprisonment for longer than 48 months, what can be inferred about their rehabilitation?
What does a set of lock-picks imply about an individual's intent during a criminal act?
What does a set of lock-picks imply about an individual's intent during a criminal act?
For imprisonment between 12-30 months for individuals aged under 18, how much additional time is added to their sentence upon rehabilitation eligibility?
For imprisonment between 12-30 months for individuals aged under 18, how much additional time is added to their sentence upon rehabilitation eligibility?
What is the primary responsibility of the reporting officer when a detection is made?
What is the primary responsibility of the reporting officer when a detection is made?
Under Section 58(1), what must a person demonstrate regarding tools or objects found in their possession?
Under Section 58(1), what must a person demonstrate regarding tools or objects found in their possession?
What could potentially happen to the actions of a reporting officer during court proceedings?
What could potentially happen to the actions of a reporting officer during court proceedings?
Which of the following best describes the intent of a person under Section 58(1)?
Which of the following best describes the intent of a person under Section 58(1)?
What should be done with all relevant information regarding a detection?
What should be done with all relevant information regarding a detection?
What types of preparations might criminals undertake before committing a crime?
What types of preparations might criminals undertake before committing a crime?
Which of the following is NOT directly related to Section 58(1)?
Which of the following is NOT directly related to Section 58(1)?
When assessing whether a person intended to commit theft, what can be inferred from their possession of certain items?
When assessing whether a person intended to commit theft, what can be inferred from their possession of certain items?
What was the main reason for quashing the appellant's conviction in Glancy v Lees?
What was the main reason for quashing the appellant's conviction in Glancy v Lees?
Under which Act is it stated that a reasonable inference can be drawn for arresting individuals at a locus?
Under which Act is it stated that a reasonable inference can be drawn for arresting individuals at a locus?
What should be done if there is doubt about a person's presence at a locus?
What should be done if there is doubt about a person's presence at a locus?
What might indicate an individual's intent to commit theft, according to the practical considerations?
What might indicate an individual's intent to commit theft, according to the practical considerations?
What must happen after a suspect is arrested following questioning?
What must happen after a suspect is arrested following questioning?
What inference was made about the first individual in McBurnie v McGlennan?
What inference was made about the first individual in McBurnie v McGlennan?
What item was found near the individual hiding in the garden during the police encounter?
What item was found near the individual hiding in the garden during the police encounter?
What must police do if a person's explanation does not provide reasonable doubt?
What must police do if a person's explanation does not provide reasonable doubt?
What should be the first course of action upon spotting Louise Argyll hiding on the garage roof?
What should be the first course of action upon spotting Louise Argyll hiding on the garage roof?
Why is it important to trace Louise Argyll after twenty minutes?
Why is it important to trace Louise Argyll after twenty minutes?
What might be a potential risk if the police officers approach the suspect on the roof without backup?
What might be a potential risk if the police officers approach the suspect on the roof without backup?
What is a key consideration when dealing with suspects in concealed settings, like a roof?
What is a key consideration when dealing with suspects in concealed settings, like a roof?
What might be an appropriate communication tactic with Louise while she is on the roof?
What might be an appropriate communication tactic with Louise while she is on the roof?
What should be done if Louise refuses to cooperate while hiding?
What should be done if Louise refuses to cooperate while hiding?
Under which section of the law should a person be arrested if they appear to possess tools for potential theft?
Under which section of the law should a person be arrested if they appear to possess tools for potential theft?
What is necessary for an offense to be complete regarding possession of a tool?
What is necessary for an offense to be complete regarding possession of a tool?
What should be done if doubt exists regarding the subject's possession of a tool?
What should be done if doubt exists regarding the subject's possession of a tool?
What additional step should be taken at the police station after arresting a suspect?
What additional step should be taken at the police station after arresting a suspect?
If a suspect denies carrying tools after arrest, what charge may be applicable?
If a suspect denies carrying tools after arrest, what charge may be applicable?
What items were found in the tool bag dropped by the suspect Peter Robson?
What items were found in the tool bag dropped by the suspect Peter Robson?
What action did Peter Robson take upon seeing the police?
What action did Peter Robson take upon seeing the police?
What is a necessary condition for a suspect to be formally accused after being arrested?
What is a necessary condition for a suspect to be formally accused after being arrested?
Study Notes
Overview of Acquisitive Crimes and Legal Framework
- Conduct and presence of individuals at a crime location can infer intent to commit theft.
- In McBurnie v McGlennan, presence inferred as intention to commit theft, deemed unreasonable conduct.
- In Glancy v Lees, conviction quashed; presence interpreted as hiding rather than intent to steal.
Legal Provisions and Arrest Procedures
- Section 1 of the Criminal Justice (Scotland) Act 2016 allows arrest for individuals at a locus of potential theft.
- Officers should ask limited questions if doubt exists regarding a person's intent at the locus.
- After arrest, suspects must be given access to a solicitor before questioning continues.
Responsibilities of Reporting Officers
- Officers must assess and accurately record evidence during detections.
- All pertinent information should be documented meticulously for potential court proceedings.
Preparation and Intent of Criminals
- Criminals may prepare themselves specifically for committing crimes, including their appearance.
- Section 58(1) targets individuals equipped with tools indicating intent to commit theft.
- The burden lies on the individual to prove legitimate reasons for possessing tools associated with theft.
Sentencing Guidelines
- Various sentences based on age and severity:
- Fines and imprisonment terms vary; those under 18 face different regulations than those 18+.
- Imprisonment exceeding 48 months results in exclusion from rehabilitation programs.
Examples of Inference of Criminal Intent
- Some tools, like lock picks, can imply felonious intent and warrant arrest.
- Common tools require further inquiry; possession must be satisfactorily explained to mitigate assumptions of intent.
Case Study Example
- Officer encounters Peter Robson carrying a tool bag, suspected due to prior convictions.
- Robson flees, leaving behind tools suggesting theft, leading to his arrest under the relevant section.
- Denial of carrying tools at the police station could lead to charges under Section 58(1).
Scenario Discussion
- Active patrolling can involve encountering wanted persons; quick assessment and action are critical.
- Contingency plans should be formulated for pursuing suspects who attempt to escape or conceal themselves.
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Description
This quiz explores acquisitive crimes, focusing on the legal principles and precedents related to theft, as well as the implications of being present at a crime scene. Key cases like McBurnie v McGlennan and Glancy v Lees will be examined, along with relevant legal provisions and responsibilities of law enforcement officers.
