Scots Criminal Law Unit 4 Quiz

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Questions and Answers

What time did the incident involving Louise Argyll occur?

0300 hours

0200 hours

0230 hours

0245 hours (correct)

What was Louise Argyll wanted for when she fled from the officers?

Apprehension warrant (correct)

Burglary charge

Disturbing the peace

Traffic violation

What was the initial action taken when Louise Argyll was spotted?

The officers called for backup

She ran away into a garden (correct)

The officers pursued her on foot

She was apprehended immediately

How long was it before the officers located Louise Argyll again?

Twenty minutes Signup and view all the answers

What location did Louise Argyll choose to conceal herself in?

On a garage roof Signup and view all the answers

What might be a proposed course of action for officers in this scenario?

Trace her and attempt to apprehend her Signup and view all the answers

What is the primary purpose of Sections 57 and 58 of the Civic Government (Scotland) Act 1982?

To offer a solution to difficulties faced by police in arresting suspected offenders. Signup and view all the answers

Under which act may the police consider using the power of arrest mentioned in the content?

Criminal Justice (Scotland) Act 2016 Signup and view all the answers

Who is empowered to detain an offender under Section 59(3) of the Act?

Occupants of the premises where the crime occurs. Signup and view all the answers

What responsibility do members of the public have when they discover a suspected offender on their property?

They can apprehend and detain the offender until police arrive. Signup and view all the answers

What can be reasonably inferred about Oliver Mason's intentions based on the situation described?

He intended to commit theft. Signup and view all the answers

Which Section details the power to detain individuals by owners and occupiers?

Section 59 Signup and view all the answers

When are acquisitive crimes typically discovered according to the information provided?

Primarily by the victims or property owners. Signup and view all the answers

What should public members do if they apprehend a suspected offender?

Detain them until police arrival. Signup and view all the answers

What distinguishes Section 58(1) from Section 57(1)?

Section 58(1) can be committed in a public place. Signup and view all the answers

Who qualifies as a 'Certain Person' under Section 58(4)?

A person with two or more theft convictions including aggravations. Signup and view all the answers

What does the Management of Offenders (Scotland) Act 2019 primarily address?

It outlines the time periods for treating convictions as spent. Signup and view all the answers

What is NOT considered when discussing 'spent convictions' according to the content?

The cumulative number of convictions. Signup and view all the answers

How does the Rehabilitation of Offenders Act 1974 relate to the content?

It defines how convictions may be considered over time. Signup and view all the answers

Which of the following statements is true regarding aggravations?

Aggravations enhance the severity of the crime committed. Signup and view all the answers

What is the primary purpose of consulting a solicitor in relation to possession of keys by a suspect?

To prevent claims of legitimate possession in the future Signup and view all the answers

Which of the following best describes what constitutes preventative offences?

Offences aimed at addressing potential future crimes Signup and view all the answers

Under which act can one find details on crimes against property in Scotland?

Civic Government (Scotland) Act 1985 Signup and view all the answers

Why is it significant for a suspect to provide an explanation for their possession of items like keys?

To mitigate potential charges against them Signup and view all the answers

What is an important skill or knowledge area highlighted in the module's learning log?

Explaining preventative offences and statutory powers Signup and view all the answers

What element does the module emphasize regarding the suspect's opportunity after consultation with a solicitor?

The relevance of providing a coherent explanation for their actions Signup and view all the answers

What is required for an officer to search an individual under Section 60 of the Civic Government (Scotland) Act 1982?

The officer must have grounds for suspicion of possession of stolen property. Signup and view all the answers

What action should be taken if an officer sees a suspect attempting to dispose of a tool associated with an offence?

The officer should proceed with the offence under Section 58(1). Signup and view all the answers

What does Section 1 of the Criminal Justice (Scotland) Act 2016 allow for when an individual is 'Not Officially Accused'?

Arresting the suspect under specific circumstances. Signup and view all the answers

What must be established if the offence requires previous convictions?

The process of retrieving this information should start as soon as possible. Signup and view all the answers

Who does not have the option to delay action under Sections 57 and 58?

Owners, occupiers, tenants, and authorised persons. Signup and view all the answers

Why are Sections 57 and 58 of the Civic Government (Scotland) Act 1982 intended?

To aid in the prevention of thefts and related offences. Signup and view all the answers

What must officers consider when observing a suspect with stolen property?

The necessity of proceeding under a specific section of the law. Signup and view all the answers

What is one of the key practical considerations for officers regarding Sections 57, 58, and 59?

Officers should be aware of their lack of search power under these sections. Signup and view all the answers

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.

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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.