04-5.6 Preventative Offences_d105c7826f2447e30056044662078cea.pdf

OFFICIAL Unit 4 Lesson 5.6...

OFFICIAL Unit 4 Lesson 5.6 Acquisitive Crimes - Preventative Offences Lesson Aim: The learner will be able to differentiate between different types of acquisitive crime Learning Outcomes: On successful completion of the lesson, Introduction students will be able to:- Control Room message…. 1. Explain preventative offences and “To all units, that’s two persons, wearing dark associated statutory powers clothing and gloves seen acting suspiciously in the gardens at the rear of 24 Brookbank Place, Viewpark. Any unit can attend?” “Yes, yes. Bravo Mike 3 Alpha and Bravo Mike 5 Charlie are attending on foot from Middle Drive.” An all too common message when you are on patrol. In addition to receiving this type of call from your Control Room, you may come across people about to commit a crime of dishonesty whilst you are undertaking routine patrol duties. 1 th Amended 25 April 2024 v.8 OFFICIAL  OFFICIAL Unit 4 Lesson 5.6 Acquisitive Crimes - Preventative Offences So, What Can the Police Do? Without additional legislation, the police would be powerless to do anything but it is still suspected that the people are there to commit theft. The following provisions of the Civic Government (Scotland) Act 1982 are intended to assist the police in preventing crimes of dishonesty in such circumstances. Persons Found on Premises, Etc. Section 57(1) Civic Government (Scotland) Act 1982 creates an offence for:- any person to be found without lawful authority, in or on any building or other premises (enclosed or not) or within its curtilage, or in a vehicle or vessel so that in all the circumstances it may be reasonably inferred that they intended to commit ‘theft’. Lawful Authority For the purposes of both Section 57 and Section 58 (which will be covered shortly), lawful authority includes:- the owner or occupier a person acting on permission of owner or occupier a person to grant authority on behalf of the owner or occupier (e.g. property agent) police acting within their lawful business Curtilage In the absence of any guidance from stated cases, the term ‘curtilage’ includes any area within the boundaries of the property concerned but excludes any public place. 2 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 5.6 Acquisitive Crimes - Preventative Offences Vehicle or Vessel Opportunist thieves may enter insecure vehicles or vessels for the purposes of stealing from within, in absence of any forced entry, Section 57 allows us to deal with this matter. Circumstances Each incident will be dealt with on a case by case basis, however, all the circumstances should point to the logical inference that they were there with the intention to commit theft. Theft For the purposes of both Section 57 and Section 58 the term ‘theft’ includes actual Theft, any aggravations of theft , e.g. Theft by Housebreaking and Theft by Opening a Lockfast Place, etc. and Robbery. Case Law The following stated cases are very relevant to section 57(1):- In this case, two police officers saw a male leaving school grounds at 0200hrs. His explanation was that he was taking a short cut. This was rejected by the officers as these school grounds were not a legitimate ‘short cut’ as evidence suggested the male had climbed through one fence and then over another in order to enter the grounds. His conduct and subsequent explanation were not considered reasonable and it was therefore inferred that his presence in the grounds was for the intention of theft. (McBurnie v McGlennan (1991)) When Police entered a street three males ran off. One of them was found hiding in a garden at the locus with a screwdriver nearby and was charged under section 57(1)(above). An appeal was allowed and the appellant's conviction quashed since there could be no inference that he was at the locus to commit theft, but only to hide. (Glancy v Lees, 1999, S.C.C.R 727) 3 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 5.6 Acquisitive Crimes - Preventative Offences Practical Considerations In all but a few cases, the circumstances of finding a potential offender at a locus will be completely indicative that a reasonable inference can be drawn that they are there with the intent to commit ‘theft’ and they should be arrested under Section 1 of the Criminal Justice (Scotland) Act 2016. Should doubt exist, it will become necessary to ask limited questions, seeking an explanation for their presence at the locus. If, following these questions, the suspect is subsequently arrested, the questions asked should be repeated after the suspect has been granted the opportunity to have access to a solicitor. Professional Standards PS There is a responsibility on you, the reporting officer, to assess and record the evidence available when a detection is made. Any subsequent court proceedings may mean your actions could be challenged. All relevant information should be recorded in your notebook. Preparation Criminals may plan and prepare themselves for a crime including their appearance and dress. This preparation can involve going equipped with tools or other objects. Possession of Tools Etc. The following section deals with person(s) who are going equipped to commit theft:- Section 58(1) creates an offence for a certain person who:- has, or has recently had in their possession, any tool or other object from the possession of which it may reasonably be inferred that they intended to commit theft or have committed theft, AND is unable to demonstrate satisfactorily that their possession of such tool or other object is or was not for the purposes of committing theft. 4 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 5.6 Acquisitive Crimes - Preventative Offences As you can see there are similarities between Section 57(1) and Section 58(1) but remember this second offence:- need not be committed on premises, etc. and could be committed in a public place unlike Section 57. What is a ‘Certain Person’? Section 58(4) explains that a certain person is:- a person, who has two or more convictions for "theft" including aggravations and robbery Spent convictions are not being considered here. Spent Convictions The Management of Offenders (Scotland) Act 2019 has amended the Rehabilitation of Offenders Act 1974 and states that after a certain time has elapsed, previous convictions cannot be held against a person. This period of time varies depending on the sentence passed. Spent After Spent After (under 18 at Sentence (18+ at time of time of conviction) conviction) After 12 A Fine After 6 months months The term of The term of Imprisonment not exceeding sentence + 2 sentence + 1 12 months years year The term of The term of Imprisonment between 12-30 sentence + 4 sentence + 2 months years years The term of The term of Imprisonment between 30-48 sentence + 6 sentence + 3 months years years Imprisonment Exceeding 48 Excluded from Excluded from Months Rehabilitation Rehabilitation 5 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 5.6 Acquisitive Crimes - Preventative Offences Practical Considerations With many tools and objects, e.g., a foil-lined carrier bag or a set of lock-picks, the felonious intent can be reasonably inferred. In such circumstances the person should be arrested under Section 1 of the Criminal Justice (Scotland) Act 2016. However, with more commonplace tools it may be necessary to seek an explanation for the subject's possession of the tool as the offence is only complete if the subject is unable to demonstrate satisfactorily that his or her possession of it is or was not for the purposes of committing theft. Should doubt exist, it will become necessary to ask limited questions seeking an explanation of their possession of the tool or object. If following these questions, the suspect is subsequently arrested, any questions asked should be repeated following the suspect being granted the opportunity to have access to a solicitor. Example:- At 0305 hours you and a colleague see Peter Robson in Culzean Gardens. He appears to be carrying a tool bag. You are aware that he is a "convicted thief" and decide to speak to him. On seeing you he runs off dropping his tool bag as he does so. It contains a jemmy, hammer, screwdriver, gloves and a balaclava. You trace Robson a couple of hours later on the opposite side of Brookbank and you arrest him under Section 1 of the Criminal Justice (Scotland) Act 2016, not officially accused, for further enquiry. At the police station, after Johnston has had the opportunity to consult a solicitor, he denies carrying the tools. In these circumstances it would be competent to charge Johnston under Section 58(1). 6 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 5.6 Acquisitive Crimes - Preventative Offences Power of Arrest Sections 57 and 58 of this Act offer a practical solution to a problem which would otherwise be extremely difficult for the police to deal with. Consideration should be given to using your power of arrest under Section 1 of the Criminal Justice (Scotland) Act 2016. Example Charge EC On 13th March 2020, at Upper Craig Gardens, Brookbank you OLIVER MASON were found within the curtilage of number 45 Upper Craig Gardens, without lawful authority, so that in all the circumstances it may be reasonably inferred that you intended to commit theft there. Contrary to Section 57(1) Civic Government (Scotland) Act 1982. Power to Detain (By Occupiers Etc.) Frequently offences of this nature are not discovered by the police but by members of the public who are owners, occupiers or tenants of premises who call the police. In addition to calling the police they may take action to apprehend the person and detain them until Police arrival. Section 59(3) of the Act empowers an:- owner, tenant occupier, or other authorised person of premises to apprehend the offender if found on their property and detain the apprehended person until the arrival of a Constable. 7 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 5.6 Acquisitive Crimes - Preventative Offences Activity 1 A1 In your group have a look at these scenarios and indicate what action you would propose to take, if any:- It is 0245 hours in Brookbank Place, and you and your colleague are on patrol when you see Louise Argyll who is wanted on an apprehension warrant. On seeing you she runs off into a garden and climbs onto a garage roof to conceal herself. You trace her twenty minutes later still hiding on the roof. Explain the course of action you intend to take. 8 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 5.6 Acquisitive Crimes - Preventative Offences Activity 1 continued A1 About 0100 hours Mr Jamieson, the Night Security Officer at Sandersons Computer Systems, 23 Mill Avenue, Brookbank, observes on his CCTV system a male aged 18 to 20 years dressed in dark clothing, baseball cap and gloves within the perimeter fence. The male can clearly be seen on the CCTV looking into ground floor office windows. Jamieson calls police via his mobile phone and thereafter pursues the male. Mr Jamieson apprehends him at the perimeter fence. You and a colleague arrive. At about 0400 hours you receive an anonymous telephone call regarding a youth acting suspiciously in Burnside Way in possession of a large bunch of car keys. You see him walking along the street, and recognise him. You are aware he has several previous convictions for theft. On seeing you he runs off and you and your colleague see him throw something into a garden. You trace him in a nearby garden and he denies any knowledge of throwing anything away. You carry out a search of the garden and recover a large bunch of car keys. 9 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 5.6 Acquisitive Crimes - Preventative Offences Practical Considerations for Sections 57, 58 and 59 There is no power to search conferred by the Civic Government (Scotland) Act 1982 for section 57, 58 and 59. If an officer has grounds for suspecting that an individual is in fact in possession of stolen property, then they can be searched under Section 60 of the Civic Government Scotland Act 1982. If the officer sees a suspect in possession of the tool/object or sees him/her trying to dispose of it, then clearly, they should proceed with the offence under Section 58(1). If the offence requires you to establish previous convictions, get this process underway as soon as possible normally via your Control Room. It can take time to retrieve and transmit this information. Arresting under Section 1 Criminal Justice (Scotland) Act 2016 ‘Not Officially Accused’ is most practical in all but the most obvious cases as enquiry is likely to be necessary, whether that be interview of the suspect or noting statements etc. However, owners, occupiers, tenants and authorised persons do not have this option. The provisions of Sections 57 and 58 are intended to assist the police to prevent thefts etc. If, in the circumstances, there is sufficient evidence to support a charge of theft at common law etc., the police should proceed accordingly and not merely libel preventative offences as the easy option. 10 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 5.6 Acquisitive Crimes - Preventative Offences Feedback 1 F1 Scenario 1 Louise Argyll was found on property but clearly this was as a result of the fact that an outstanding warrant for her was in existence and her intention was to evade arrest on the warrant, not to commit theft. Arrest her in terms of the outstanding warrant. Scenario 2 Mr Jamieson, the Night Security Officer, was entitled to apprehend the male and hand him over to you. Did you note his appearance and dress in your notebook? What is the offence? In these circumstances the section 57(1) would be appropriate. Remember however he may have already committed a theft. Make sure you investigate thoroughly. Once in custody and provided solicitor access the male should be interviewed regarding his presence at locus. Scenario 3 This is a good police investigation and by your early intervention you may well have prevented numerous cars being broken into or stolen. Section 58 (1) is appropriate in these circumstances. Remember you are looking for an explanation for his possession of the keys from the suspect once he has had the opportunity to consult a solicitor to preclude any a later claim that he had them with him for a legitimate reason. 11 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 5.6 Acquisitive Crimes - Preventative Offences For further information, use the resources shown below:- Legal Database:- Criminal Law - Crimes against Property - Miscellaneous - Civic Government (Scotland) Act 1985 Review: You can explain the preventative offences and associated statutory powers Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 12 Scots Criminal Law: Introduction and Investigation OFFICIAL