Podcast
Questions and Answers
What impression may a member of the public form when interacting with police officers?
What impression may a member of the public form when interacting with police officers?
What information can a Constable require from a possible witness?
What information can a Constable require from a possible witness?
Under what circumstance can police officers consider using their powers on a witness?
Under what circumstance can police officers consider using their powers on a witness?
What does the Criminal Procedure (Scotland) Act 1995, Section 13, empower officers to do?
What does the Criminal Procedure (Scotland) Act 1995, Section 13, empower officers to do?
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Where may a Constable exercise their powers to require particulars from a witness?
Where may a Constable exercise their powers to require particulars from a witness?
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What must a Constable inform a potential witness of when requiring their particulars?
What must a Constable inform a potential witness of when requiring their particulars?
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What is the primary reason police cannot force a person to give a statement?
What is the primary reason police cannot force a person to give a statement?
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Why might a witness be uncooperative during an encounter with police?
Why might a witness be uncooperative during an encounter with police?
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If a witness provides the necessary information, what power does the Constable NOT have?
If a witness provides the necessary information, what power does the Constable NOT have?
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Which of the following statements about dealing with witnesses is accurate?
Which of the following statements about dealing with witnesses is accurate?
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What constitutes an offence under Section 13?
What constitutes an offence under Section 13?
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What is one primary aspect police should consider when interacting with the public?
What is one primary aspect police should consider when interacting with the public?
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What must a Constable have to suspect that an offence has been committed?
What must a Constable have to suspect that an offence has been committed?
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What should police officers do when a witness provides their personal information unwillingly?
What should police officers do when a witness provides their personal information unwillingly?
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Which of the following details is NOT required from a witness by a Constable?
Which of the following details is NOT required from a witness by a Constable?
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Which of the following is a duty of a Constable when approaching a potential witness?
Which of the following is a duty of a Constable when approaching a potential witness?
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What behavior did the male exhibit when approached by PC Black?
What behavior did the male exhibit when approached by PC Black?
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What information did the male refuse to provide when stopped?
What information did the male refuse to provide when stopped?
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At what time was the male observed leaving the pub?
At what time was the male observed leaving the pub?
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What legal requirement was read to the male as per the aide memoire?
What legal requirement was read to the male as per the aide memoire?
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What was the scheduled shift time for the officer on duty?
What was the scheduled shift time for the officer on duty?
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What location was associated with the reported assault?
What location was associated with the reported assault?
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What complaint was the officer responding to at 0825 hrs?
What complaint was the officer responding to at 0825 hrs?
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What was the demeanor of the male when he was approached for details about the assault?
What was the demeanor of the male when he was approached for details about the assault?
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What information should a witness provide when required under Section 13?
What information should a witness provide when required under Section 13?
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What must be stated verbatim to the witness when gathering their particulars?
What must be stated verbatim to the witness when gathering their particulars?
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According to the guidelines, what constitutes an offence under Section 1 of the Criminal Justice (Scotland) Act 2016?
According to the guidelines, what constitutes an offence under Section 1 of the Criminal Justice (Scotland) Act 2016?
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Why might a witness be unhelpful when asked to provide their particulars?
Why might a witness be unhelpful when asked to provide their particulars?
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What should always be used operationally and for court purposes regarding witness details?
What should always be used operationally and for court purposes regarding witness details?
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Which of the following statements best reflects the requirements under Section 13?
Which of the following statements best reflects the requirements under Section 13?
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What is a key reason for employing an Aide Memoire while gathering witness particulars?
What is a key reason for employing an Aide Memoire while gathering witness particulars?
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What is the primary consequence for a witness who fails to comply with the request for their particulars?
What is the primary consequence for a witness who fails to comply with the request for their particulars?
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What was the behavior of the male when approached by the police officer?
What was the behavior of the male when approached by the police officer?
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Under what circumstances was Section 13 of the Criminal Procedure (Scotland) Act 1995 invoked?
Under what circumstances was Section 13 of the Criminal Procedure (Scotland) Act 1995 invoked?
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Which of the following best describes the requirement under Section 13?
Which of the following best describes the requirement under Section 13?
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What was the male's response regarding providing a statement about the incident?
What was the male's response regarding providing a statement about the incident?
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What is a potential consequence if a suspect does not comply with Section 13 requirements?
What is a potential consequence if a suspect does not comply with Section 13 requirements?
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How did the male's attitude potentially impact the investigation process?
How did the male's attitude potentially impact the investigation process?
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Which of the following statements about police powers under Section 13 is accurate?
Which of the following statements about police powers under Section 13 is accurate?
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What element must police establish in invoking Section 13 with respect to a suspect?
What element must police establish in invoking Section 13 with respect to a suspect?
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Study Notes
Witness and Suspect Interaction
- Public interaction shapes perceptions of police services; effective communication fosters positive views.
- Most witnesses are willing to assist, but some may decline involvement for various reasons.
- Witnesses must provide basic information (name, date of birth, birth place, address, nationality) when requested, otherwise police powers can be exercised.
Legal Framework
- Section 13 of the Criminal Procedure (Scotland) Act 1995 grants police powers to require witness information.
- Powers are applicable at crime scenes or any permissible location.
- Police may inform a witness about their suspicion and the nature of the suspected offence while requesting details.
Compliance and Non-compliance
- Failure to provide requested details without a reasonable excuse constitutes an offence.
- Police cannot compel a witness to remain until verification of their details.
- Specific wording must be used when informing witnesses of their obligations as per Section 13.
Reasons for Non-cooperation
- Witness reluctance may stem from personal connections to suspects, fear of repercussions, negative past experiences with law enforcement, or a desire to avoid court proceedings.
Operational Guidelines
- The Lord Advocate recommends consistent use of an Aide Memoire for interactions involving Section 13.
- Documenting interactions and actions taken is crucial for accountability and court purposes.
Example Scenario
- A case involving a male witness who refused to provide personal details but gave a verbal account of an assault highlights practical applications of Section 13.
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Description
This quiz examines the importance of effective communication when interacting with witnesses and the public in law enforcement. Understand how positive engagement can influence public perception of the police service. Enhance your skills in building rapport and managing expectations.