Unit 3 Lesson 10.2: Direct Measures

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the minimum age for an individual to be eligible for a Recorded Police Warning (RPW)?

18 years

15 years

16 years (correct)

14 years

Which of the following factors is NOT necessary for issuing a Recorded Police Warning?

The offender must be subject to a compulsory supervision order (correct)

The offender must understand the RPW issued

Sufficient evidence must be available to report the offender

The offence must be minor in nature

Which condition must be met regarding the evidence for issuing a Recorded Police Warning?

Sufficient evidence must be available to report the offender to the PF. (correct)

There must be no evidence at all.

There must be sufficient evidence to file charges.

Evidence must only be circumstantial.

What is a prerequisite for the identity of the offender when issuing an RPW?

It must be proven, in case there is a dispute later. Signup and view all the answers

Regarding the suitability of the offender for an RPW, which statement is true?

The offender must be suitable and able to understand the RPW being issued. Signup and view all the answers

Which of the following best describes the type of offences suitable for an RPW?

Minor offences that can be managed without court intervention. Signup and view all the answers

What types of offences can officers issue discretionary verbal warnings for?

Anti-social behaviour Signup and view all the answers

What should officers not do under any circumstances when it comes to Fixed Penalty Notices?

Receive any form of payment from offenders Signup and view all the answers

Which of the following is NOT a requirement when issuing a discretionary verbal warning?

Providing the offender with a formal caution Signup and view all the answers

What is the purpose of the Recorded Police Warning (RPW)?

To address minor offending behaviour Signup and view all the answers

In what circumstances may an officer's discretion to issue warnings be limited?

When a local initiative is in effect Signup and view all the answers

How are discretionary warnings recorded after being issued by officers?

In the officer's police issued notebook Signup and view all the answers

What type of behaviour is an officer allowed to issue a discretionary verbal warning for?

Minor acts of disorder Signup and view all the answers

Which of the following actions is required upon issuing a discretionary verbal warning?

Documenting the incident and rationale in an official log Signup and view all the answers

What are alternatives to prosecution referred to in Scotland?

Direct Measures Signup and view all the answers

What is the primary function of Direct Measures in the Criminal Justice System?

To provide a timely response to minor offences Signup and view all the answers

Why are Direct Measures important for the Criminal Justice System?

They help focus resources on serious crimes Signup and view all the answers

What is a Recorded Police Warning?

A non-reporting measure towards minor offences Signup and view all the answers

What is a key benefit of using a Recorded Police Warning?

It allows for immediate police action Signup and view all the answers

What is a potential drawback of relying solely on Direct Measures?

They may promote leniency towards serious crimes Signup and view all the answers

Who has the discretion to issue a Recorded Police Warning?

Any police officer on duty Signup and view all the answers

What is one goal of implementing Direct Measures in Scotland?

To manage police resources more effectively Signup and view all the answers

What should be recorded on the evidential notes section of the police copy?

Crime/case number Signup and view all the answers

What additional step should be taken before finishing a police tour of duty?

Ensure all relevant tasks are completed Signup and view all the answers

What is NOT required in the case of Janice Whyte?

Caution the offender Signup and view all the answers

Which detail is NOT mentioned about Janice Whyte?

She lives alone Signup and view all the answers

What is the purpose of having the 'ticket' checked by a supervisor?

To ensure accuracy of documentation Signup and view all the answers

What type of crime does the scenario involving Janice Whyte describe?

Theft Signup and view all the answers

What should be prioritized when recording a crime case in the local system?

Ensuring evidence is preserved Signup and view all the answers

What could be a reason for avoiding harsh penalties in Janice's case?

Her financial and health difficulties Signup and view all the answers

What is one criterion for issuing an Anti-Social Behaviour Fixed Penalty Notice (ASB FPN)?

The offence is minor and suitable for an ASB FPN. Signup and view all the answers

Under what condition should an ASB FPN NOT be issued?

The offender has been issued more than one ASB FPN for the same offence. Signup and view all the answers

What is a consideration for the constable when issuing an ASB FPN?

Sufficient evidence of the suspect's age and identity is available. Signup and view all the answers

What does the Lord Advocate define as 'recent' in relation to previous ASB FPNs?

Within the last 6 months. Signup and view all the answers

Which type of conduct would prevent the issuance of an ASB FPN?

Conduct motivated by hate. Signup and view all the answers

For which of the following scenarios can an ASB FPN be issued?

A person aged over 16 in a prescribed area with minor offences. Signup and view all the answers

What may disqualify a person from receiving an ASB FPN if they are already subject to it?

Being known to already be subject to bail. Signup and view all the answers

What condition must be met regarding the evidence to issue an ASB FPN?

There must be sufficient evidence to charge the suspect. Signup and view all the answers

Which of the following situations would permit the issuance of an ASB FPN?

The offence involves no prior convictions. Signup and view all the answers

Study Notes

Lesson Aim and Learning Outcomes

Aim: Complete reports to the Crown Office and Procurator Fiscal Service (COPFS) and identify non-reportable methods.
Learning outcomes include describing and explaining Recorded Police Warnings (RPW) and submitting them appropriately.

Direct Measures Overview

Direct Measures are alternatives to prosecution for minor offences in Scotland.
Employed by Police Scotland to manage minor incidents without initiating formal reports.
Helps focus Criminal Justice System resources on serious crimes.

Discretionary Police Warnings

Officers have the discretion to issue verbal warnings for minor offences like:
- Anti-social behaviour
- Minor disorder incidents
- Small traffic violations
Verbal warnings must be recorded:
- Details of the incident and individuals involved.
- Rationale for the warning and associated logs (Storm Incident Log).
- No formal crime reporting or charging occurs.

Recorded Police Warning (RPW)

RPW addresses minor offences that would typically be reported to the Procurator Fiscal.
Criteria for issuing an RPW:
- Offender is 16+ and not under compulsory supervision.
- Offence is deemed minor and appropriate for an RPW.
- Sufficient evidence to support the warning.
- Offender is able to understand the warning.
- Offender's identity can be verified.

Procedure for Issuing an RPW

Create a crime case on local recording systems.
Complete relevant tasks by the end of duty, including updating and recording necessary details.
No requirement to caution or formally charge the offender.

Fixed Penalty Notices relevant under Section 129 of the Antisocial Behaviour Etc. (Scotland) Act 2004.
Criteria for issuing an ASB FPN:
- Offender aged 16+ and not under supervision.
- Minor offence within a prescribed area of Scotland.
- Sufficient evidence for the offence exists.
- Offender's compliance and understanding of the situation.

Restrictions on Issuing ASB FPNs

ASB FPNs may not be issued when:
- Conduct is persistent or causes alarm.
- Offence involves hate motivations.
- Related to harassment or intimidation patterns.
- The offender has previous similar convictions or has been issued multiple FPNs.
- The offender is subject to bail or has an Anti-Social Behaviour Order.
- Lack of verifiable address for enforcement.

Contextual Example

Case study involving an elderly woman caught with £5 worth of unpaid groceries highlights discretion and consideration for social circumstances before issuing a warning.

Studying That Suits You

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

Description

Explore the concepts of direct measures in Unit 3, Lesson 10.2. This quiz will assess your understanding of how to apply direct measurement techniques in various scenarios. Test your knowledge and enhance your skills with this focused quiz.