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Section 1 - Aggravation by Prejudice & Missing Persons
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Section 1 - Aggravation by Prejudice & Missing Persons

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Questions and Answers

What is the first duty when assessing a crime scene?

  • Communication with authorities
  • Preservation of evidence
  • Protection of the scene
  • Preservation of life (correct)
  • Which of the following is NOT a method of contact evidence acquisition?

  • DNA
  • Surveillance footage (correct)
  • Shoe impressions
  • Fingerprints
  • Which of the following aspects is essential to identifying a suspect?

  • Clothing and possessions (correct)
  • Witness opinion
  • Personal relationships
  • Historical criminal record
  • What key area should be considered regarding observation distance during suspect identification?

    <p>Distance from which the suspect was observed</p> Signup and view all the answers

    Which action is essential for protecting the crime scene?

    <p>Protecting from unauthorized people</p> Signup and view all the answers

    Which of the following is considered a distinguishing feature for identifying individuals?

    <p>Jewellery</p> Signup and view all the answers

    In the context of identification, which condition is least likely to affect the clarity of observation?

    <p>Witness's emotional state</p> Signup and view all the answers

    What key actions should be taken immediately upon arrival at a crime scene?

    <p>Assess, Protect, Communicate</p> Signup and view all the answers

    Which is NOT a provision that should be adhered to when a suspect has not been charged?

    <p>Witness left to make a selection with consultation</p> Signup and view all the answers

    What must always be led first in court according to the principles of best evidence?

    <p>Best evidence</p> Signup and view all the answers

    Which of the following constitutes hearsay evidence?

    <p>A person recounts something they heard from another</p> Signup and view all the answers

    Under the Vulnerable Witnesses (Scotland) Act 2004, what can a witness avoid during a court proceeding?

    <p>Dock identification of the accused</p> Signup and view all the answers

    What is the essential element of proving guilt beyond reasonable doubt?

    <p>Sufficiency to prove case</p> Signup and view all the answers

    Which of the following types of evidence is generally inadmissible due to the rule of best evidence?

    <p>Hearsay evidence</p> Signup and view all the answers

    Which condition allows hearsay evidence to be admissible?

    <p>Involuntary exclamations during the incident</p> Signup and view all the answers

    Which type of evidence can include DNA and forensic material?

    <p>Physical evidence</p> Signup and view all the answers

    What defines a missing person under the given legislation?

    <p>A person whose whereabouts are unknown under suspicious circumstances.</p> Signup and view all the answers

    What does a high risk assessment grading indicate for a missing person?

    <p>The individual is in immediate danger due to their circumstances.</p> Signup and view all the answers

    Which of the following groups does NOT represent a category of absconders?

    <p>Individuals leaving rehabilitation centers.</p> Signup and view all the answers

    What happens after a missing person is found?

    <p>An initial safe and well check is carried out followed by a full return interview.</p> Signup and view all the answers

    Under what circumstances does Section 169 of the Children’s Hearings (Scotland) Act 2011 apply?

    <p>When a child requires to be kept in a specific place and absconds from it.</p> Signup and view all the answers

    What factor does NOT contribute to determining a risk assessment grading for a missing person?

    <p>The age of the missing person.</p> Signup and view all the answers

    What is the primary intention behind conducting a risk assessment for missing persons?

    <p>To gauge the potential danger the missing person may face.</p> Signup and view all the answers

    What can result in a person being categorized as a concern for person instead of a missing person?

    <p>Their whereabouts are currently known.</p> Signup and view all the answers

    Study Notes

    Offences (Aggravation by Prejudice) (Scotland) Act 2009

    • Section 1 addresses offences aggravated by prejudice based on disability.
    • Section 1 also covers offences aggravated by prejudice related to sexual orientation or transgender identity.

    Missing Persons

    • Defined as individuals whose whereabouts are unknown, with unusual circumstances suggesting potential crime or risk of harm.
    • Concern for a person involves known whereabouts but worries about their safety.
    • Risk Assessment Grading:
      • High: Immediate and substantial danger due to vulnerability or being a crime victim.
      • Medium: Likely danger for the individual or others.
      • Low: Minimal threat to the individual or the public.
    • Upon locating a missing person, conduct an initial safe and well check followed by a detailed return interview.
    • Key groups of absconders:
      • Children not returning to care or residential establishments.
      • Patients leaving hospitals without authorization.
      • Prisoners failing to return to custody.
    • Section 169 of the Children’s Hearings (Scotland) Act 2011 empowers police to return absconding children.

    Evidential Considerations

    • Types of evidence include fingerprints, shoe impressions, DNA, contact evidence (e.g., hair, fibers), and marks from paint or glass.
    • Contact evidence holds high evidential value; protecting it from damage or contamination is critical.
    • Initial crime scene actions include:
      • Assess: Preservation of life and detailed observation of the scene.
      • Protect: Secure the scene from unwanted access.
      • Communicate: Essential for effective investigation management.

    Identification

    • Descriptions for identification should encompass:
      • Age, build, clothing, distinguishing features, height, facial characteristics, gait, hair, ethnicity, jewelry, and sex.
    • Critical factors for identification accuracy:
      • Duration of observation, distance, lighting conditions, previous familiarity, clarity of observation.
    • Identification procedures for uncharged suspects include:
      • Showing 12 photographs of similar appearance without consultation.
      • Selection made by the witness independently.
    • VIPER: Video identification parade allows the suspect's solicitor to request four removals, finalizing a selection of nine.
    • The Vulnerable Witnesses (Scotland) Act 2004 removes the necessity for victims to perform “dock identification” post-formal ID.

    Meaning and Admissibility of Evidence

    • Evidence is defined as any legal means that supports the truth before the court, excluding mere opinion.
    • Different types of evidence: eyewitness accounts, fingerprints, CCTV footage, admissions, DNA, and forensic material.
    • Onus of Proof: Establishing guilt beyond a reasonable doubt.
    • CRIES framework required for proving guilt:
      • Crime has occurred, relevant charges identified, accused recognized, admissible evidence, and sufficient evidence provided.
    • Best evidence should be presented first; hearsay evidence is generally inadmissible but can be accepted in specific circumstances, such as statements made after caution or dying declarations.

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    Related Documents

    Unit 3 Revision_merged.pdf

    Description

    This quiz covers Section 1 of the Offences (Aggravation by Prejudice) (Scotland) Act 2009, focusing on disabilities and sexual orientation. Additionally, it explores the definition of a missing person and the context surrounding such cases. Test your knowledge on these critical legal concepts.

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