Section 1 - Aggravation by Prejudice & Missing Persons

Podcast

Play an AI-generated podcast conversation about this lesson

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?

Distance from which the suspect was observed Signup and view all the answers

Which action is essential for protecting the crime scene?

Protecting from unauthorized people Signup and view all the answers

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

Jewellery Signup and view all the answers

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

Witness's emotional state Signup and view all the answers

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

Assess, Protect, Communicate Signup and view all the answers

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

Witness left to make a selection with consultation Signup and view all the answers

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

Best evidence Signup and view all the answers

Which of the following constitutes hearsay evidence?

A person recounts something they heard from another Signup and view all the answers

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

Dock identification of the accused Signup and view all the answers

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

Sufficiency to prove case Signup and view all the answers

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

Hearsay evidence Signup and view all the answers

Which condition allows hearsay evidence to be admissible?

Involuntary exclamations during the incident Signup and view all the answers

Which type of evidence can include DNA and forensic material?

Physical evidence Signup and view all the answers

What defines a missing person under the given legislation?

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

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

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

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

Individuals leaving rehabilitation centers. Signup and view all the answers

What happens after a missing person is found?

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

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

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

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

The age of the missing person. Signup and view all the answers

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

To gauge the potential danger the missing person may face. Signup and view all the answers

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

Their whereabouts are currently known. 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.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

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.