Overview of Acquisitive Crimes and Legal Framework
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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?

  • 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?

  • 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?

  • 4 years
  • 6 years
  • 3 years (correct)
  • 2 years
  • What happens to individuals sentenced to imprisonment exceeding 48 months with respect to rehabilitation?

    <p>Excluded from rehabilitation</p> Signup and view all the answers

    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?

    <p>6 months</p> Signup and view all the answers

    If a person is sentenced to imprisonment for longer than 48 months, what can be inferred about their rehabilitation?

    <p>They are excluded from rehabilitation</p> Signup and view all the answers

    What does a set of lock-picks imply about an individual's intent during a criminal act?

    <p>Their intent can be reasonably inferred as felonious</p> Signup and view all the answers

    For imprisonment between 12-30 months for individuals aged under 18, how much additional time is added to their sentence upon rehabilitation eligibility?

    <p>3 years</p> Signup and view all the answers

    What is the primary responsibility of the reporting officer when a detection is made?

    <p>To assess and record the available evidence</p> Signup and view all the answers

    Under Section 58(1), what must a person demonstrate regarding tools or objects found in their possession?

    <p>That their possession is not for the purpose of committing theft</p> Signup and view all the answers

    What could potentially happen to the actions of a reporting officer during court proceedings?

    <p>Their actions could be challenged</p> Signup and view all the answers

    Which of the following best describes the intent of a person under Section 58(1)?

    <p>To commit theft or show evidence of past theft</p> Signup and view all the answers

    What should be done with all relevant information regarding a detection?

    <p>It should be recorded in a notebook</p> Signup and view all the answers

    What types of preparations might criminals undertake before committing a crime?

    <p>Choosing their appearance and equipping themselves</p> Signup and view all the answers

    Which of the following is NOT directly related to Section 58(1)?

    <p>Planning a charitable event</p> Signup and view all the answers

    When assessing whether a person intended to commit theft, what can be inferred from their possession of certain items?

    <p>They might have committed theft or intend to</p> Signup and view all the answers

    What was the main reason for quashing the appellant's conviction in Glancy v Lees?

    <p>There was insufficient evidence to suggest theft.</p> Signup and view all the answers

    Under which Act is it stated that a reasonable inference can be drawn for arresting individuals at a locus?

    <p>Criminal Justice (Scotland) Act 2016</p> Signup and view all the answers

    What should be done if there is doubt about a person's presence at a locus?

    <p>Limited questions should be asked for an explanation.</p> Signup and view all the answers

    What might indicate an individual's intent to commit theft, according to the practical considerations?

    <p>The circumstances of finding them at the locus.</p> Signup and view all the answers

    What must happen after a suspect is arrested following questioning?

    <p>The questions asked must be repeated after legal counsel is present.</p> Signup and view all the answers

    What inference was made about the first individual in McBurnie v McGlennan?

    <p>He intended to commit theft.</p> Signup and view all the answers

    What item was found near the individual hiding in the garden during the police encounter?

    <p>A screwdriver</p> Signup and view all the answers

    What must police do if a person's explanation does not provide reasonable doubt?

    <p>Arrest them immediately.</p> Signup and view all the answers

    What should be the first course of action upon spotting Louise Argyll hiding on the garage roof?

    <p>Secure the area and monitor her movements.</p> Signup and view all the answers

    Why is it important to trace Louise Argyll after twenty minutes?

    <p>To evaluate whether she poses a threat to the public.</p> Signup and view all the answers

    What might be a potential risk if the police officers approach the suspect on the roof without backup?

    <p>Louise could jump off and escape.</p> Signup and view all the answers

    What is a key consideration when dealing with suspects in concealed settings, like a roof?

    <p>The weather conditions may affect your decision.</p> Signup and view all the answers

    What might be an appropriate communication tactic with Louise while she is on the roof?

    <p>Calmly ask her to come down to discuss the situation.</p> Signup and view all the answers

    What should be done if Louise refuses to cooperate while hiding?

    <p>Call for reinforcement and maintain a safe distance.</p> Signup and view all the answers

    Under which section of the law should a person be arrested if they appear to possess tools for potential theft?

    <p>Section 1 of the Criminal Justice (Scotland) Act 2016</p> Signup and view all the answers

    What is necessary for an offense to be complete regarding possession of a tool?

    <p>The subject must demonstrate the tool's purpose for non-theft.</p> Signup and view all the answers

    What should be done if doubt exists regarding the subject's possession of a tool?

    <p>Ask limited questions for an explanation.</p> Signup and view all the answers

    What additional step should be taken at the police station after arresting a suspect?

    <p>The suspect should be allowed to consult a solicitor.</p> Signup and view all the answers

    If a suspect denies carrying tools after arrest, what charge may be applicable?

    <p>Section 58(1) of the Criminal Justice (Scotland) Act 2016</p> Signup and view all the answers

    What items were found in the tool bag dropped by the suspect Peter Robson?

    <p>Jemmy, hammer, screwdriver, gloves, and a balaclava</p> Signup and view all the answers

    What action did Peter Robson take upon seeing the police?

    <p>Dropped his tool bag and ran away.</p> Signup and view all the answers

    What is a necessary condition for a suspect to be formally accused after being arrested?

    <p>The suspect must have a satisfactory explanation.</p> Signup and view all the answers

    Study Notes

    • 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.
    • 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.

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