Questions and Answers
What is the first duty when assessing a crime scene?
Which of the following is NOT a method of contact evidence acquisition?
Which of the following aspects is essential to identifying a suspect?
What key area should be considered regarding observation distance during suspect identification?
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Which action is essential for protecting the crime scene?
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Which of the following is considered a distinguishing feature for identifying individuals?
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In the context of identification, which condition is least likely to affect the clarity of observation?
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What key actions should be taken immediately upon arrival at a crime scene?
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Which is NOT a provision that should be adhered to when a suspect has not been charged?
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What must always be led first in court according to the principles of best evidence?
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Which of the following constitutes hearsay evidence?
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Under the Vulnerable Witnesses (Scotland) Act 2004, what can a witness avoid during a court proceeding?
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What is the essential element of proving guilt beyond reasonable doubt?
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Which of the following types of evidence is generally inadmissible due to the rule of best evidence?
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Which condition allows hearsay evidence to be admissible?
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Which type of evidence can include DNA and forensic material?
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What defines a missing person under the given legislation?
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What does a high risk assessment grading indicate for a missing person?
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Which of the following groups does NOT represent a category of absconders?
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What happens after a missing person is found?
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Under what circumstances does Section 169 of the Children’s Hearings (Scotland) Act 2011 apply?
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What factor does NOT contribute to determining a risk assessment grading for a missing person?
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What is the primary intention behind conducting a risk assessment for missing persons?
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What can result in a person being categorized as a concern for person instead of a missing person?
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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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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.
