Questions and Answers
What time did the incident involving Louise Argyll occur?
What was Louise Argyll wanted for when she fled from the officers?
What was the initial action taken when Louise Argyll was spotted?
How long was it before the officers located Louise Argyll again?
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What location did Louise Argyll choose to conceal herself in?
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What might be a proposed course of action for officers in this scenario?
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What is the primary purpose of Sections 57 and 58 of the Civic Government (Scotland) Act 1982?
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Under which act may the police consider using the power of arrest mentioned in the content?
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Who is empowered to detain an offender under Section 59(3) of the Act?
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What responsibility do members of the public have when they discover a suspected offender on their property?
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What can be reasonably inferred about Oliver Mason's intentions based on the situation described?
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Which Section details the power to detain individuals by owners and occupiers?
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When are acquisitive crimes typically discovered according to the information provided?
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What should public members do if they apprehend a suspected offender?
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What distinguishes Section 58(1) from Section 57(1)?
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Who qualifies as a 'Certain Person' under Section 58(4)?
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What does the Management of Offenders (Scotland) Act 2019 primarily address?
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What is NOT considered when discussing 'spent convictions' according to the content?
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How does the Rehabilitation of Offenders Act 1974 relate to the content?
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Which of the following statements is true regarding aggravations?
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What is the primary purpose of consulting a solicitor in relation to possession of keys by a suspect?
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Which of the following best describes what constitutes preventative offences?
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Under which act can one find details on crimes against property in Scotland?
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Why is it significant for a suspect to provide an explanation for their possession of items like keys?
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What is an important skill or knowledge area highlighted in the module's learning log?
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What element does the module emphasize regarding the suspect's opportunity after consultation with a solicitor?
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What is required for an officer to search an individual under Section 60 of the Civic Government (Scotland) Act 1982?
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What action should be taken if an officer sees a suspect attempting to dispose of a tool associated with an offence?
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What does Section 1 of the Criminal Justice (Scotland) Act 2016 allow for when an individual is 'Not Officially Accused'?
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What must be established if the offence requires previous convictions?
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Who does not have the option to delay action under Sections 57 and 58?
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Why are Sections 57 and 58 of the Civic Government (Scotland) Act 1982 intended?
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What must officers consider when observing a suspect with stolen property?
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What is one of the key practical considerations for officers regarding Sections 57, 58, and 59?
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Study Notes
Acquisitive Crimes - Preventative Offences
- Sections 57(1) and 58(1) of the Civic Government (Scotland) Act 1982 address acquisitive crimes, with Section 58 allowing offenses to occur in public places while Section 57 is limited to private premises.
- A "Certain Person" under Section 58(4) refers to an individual with two or more theft or robbery convictions; spent convictions are excluded from this definition.
- The Management of Offenders (Scotland) Act 2019 updates the Rehabilitation of Offenders Act 1974, allowing certain convictions to be disregarded after a specified period.
Power of Arrest
- Sections 57 and 58 provide essential police powers to manage potential theft situations effectively.
- The Criminal Justice (Scotland) Act 2016 Section 1 grants police broader powers to arrest individuals suspected of theft-related offenses.
- An example of enforcement: On 13th March 2020, Oliver Mason was found on private property with intent to commit theft, leading to charges under Section 57(1).
Power to Detain
- Section 59(3) empowers property owners, tenants, and authorized persons to apprehend suspected offenders found on their premises until police arrive.
- Often, theft offenses are reported by the public rather than discovered directly by law enforcement.
Practical Considerations
- Sections 57, 58, and 59 do not grant search powers; officers suspecting possession of stolen goods may search under Section 60 of the Civic Government Scotland Act 1982.
- If an officer witnesses a suspect disposing of stolen property, they should act under Section 58(1).
- It is vital to establish previous convictions quickly to support arrest processes, often requiring coordination with a control room.
- Arresting under Section 1 for "Not Officially Accused" is preferred unless the case is apparent, suggesting thorough inquiry is necessary.
Conclusion and Reflection
- The modules equip participants with knowledge of preventative offenses and their legal implications in daily policing and law enforcement roles.
- Participants are encouraged to reflect on how this knowledge enhances their professional skills and identify areas for further development.
Studying That Suits You
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Description
Test your knowledge on the fundamentals of Scots Criminal Law with this quiz focusing on Introduction and Investigation. This quiz covers key concepts from Unit 4, Lesson 5.6, essential for understanding legal processes in Scotland.
