Unit 3 Revision_merged.pdf

Unit 3 Revision LESSON 1 – EVIDENTIAL CONSIDERATIONS Fingerprints Shoe Impressions DNA...

Unit 3 Revision LESSON 1 – EVIDENTIAL CONSIDERATIONS Fingerprints Shoe Impressions DNA Contact Evidence Hair and Fibres Marks Paint + Glass Contact Evidence has very high evidential value. It’s essential that all steps are taken to prevent the evidence not only being damaged, lost or contaminated. Initial actions at a crime scene: Assess Protect Communicate Assess – First duty = preservation of life. If victim is alive, render aid and assistance, observe exact details of scene, manage routes in and out – the common approach path Protect – The scene from people and elements Communicate – Key to effective investigation and professional crime management Lesson 2 – IDENTIFICATION For a detailed description use: Age Build Clothing + Possessions Distinguishing features Elevation Facial features Gait (How suspects walks) Hair Identify ethnicity Jewellery + Sex Must pay particular attention to areas RE: identification process: Time – How long did you see the suspect for? Distance – What distance were they observed from? Light – What conditions were they observed in? Previously Seen Before – How long between observation + ID? Observation – Clear or impeded observation? Where a suspect has NOT BEEN charged the following provisions should be adhered to: Show 12 photographs Similar age and appearance Witness left to make a selection without help or consultation If ID made, no confirmation negative or positive VIPER – Video identification parade is recorded under controlled conditions. The suspect / accused and their solicitor will request to remove 4, leaving a final selection of 9. Vulnerable Witnesses (Scotland) Act 2004 contains a provision, following a formal identification, a witness may no longer have to make a “dock identification” of an accused in court. LESSON 3 – MEANING + ADMISSIBILITY “Evidence includes all legal means (exclusive of mere argument) which tends to prove or disprove the truth of the subject before the court.” Can include: Eye witness statements Fingerprints CCTV footage Admissions D.N.A Forensic Material Onus of Proof: Proving the guilt of the accused beyond reasonable doubt. Essentials required to prove guilt: CRIES Crime has been committed Relevant charges to the crime Identification of the accused as the culprit Evidence is competent / admissible Sufficiency to prove case BEST EVIDENCE MUST ALWAYS BE LED FIRST! Hearsay Evidence – Evidence at second hand given by a person who is merely repeating something said by another. Because of the rule of best evidence, hearsay evidence is normally inadmissible. However, can be admissible when: Caution – Statements made by the accused after they’ve been cautioned. Involuntary – Exclamations made by the persons at time of relevant incident Death – Dying declarations. Credible Witness – One whose evidence is held by the court to be trustworthy no matter how bad the character of the witness may be Competent Witness – Court decides to permit a person to give evidence. If cited for court, must appear. LESSON 4 – SUFFICIENCY Circumstantial Evidence – Form of evidence afforded by facts of circumstances which have an apparent relation to the crime and from which an inference may be drawn as to the guilt, or innocence, of the accused person. The fewer strands, the weaker the case. Central strand must always be present, or the case will fail. Moorov Doctrine – 2 or more crimes are committed by same offender but where only one eyewitness is available for EACH crime. Howden Principle – Similar offences have occurred but the identification strand is unavailable. If there is identification of an accused for one offence, and circumstances of other offences are deemed to be so similar then it is possible that the accused may be convicted e.g. theft by HB. LESSON 5 – ARREST Presumption of Liberty – S50 of the Criminal Justice Scotland Act 2016 states: “A constable must take every precaution to ensure that a person is not unreasonably or unnecessarily held in police custody.” When to arrest: Refusing to desist Abode – not fixed Interest of public safety Satisfaction of name + address – cannot verify Evident intention to abscond + Interview Note statements Get samples Advantages of Arrest S Search P Photograph I Identification Parade N Non-invasive Samples F Fingerprints R Restraint & Control E Examination of Injuries D Dental Impression and other Invasive Samples Officially Accused = Arrested and sufficient, admissible evidence exists to caution and charge a suspect. Not Officially Accused = Arrested but not cautioned and charged as there is not sufficiency of evidence at this point. 12 Hour Investigatory Clock – NOA can only be held without charge for a max of 12 hours. Commences once arrest formally authorised by custody SGT. After 6hrs, reviewed by inspector. The clock is paused if conveyed to hospital. Can re-arrest without charge if further evidence comes to light ONLY if cumulative arrest times without charge doesn’t exceed 12 hours. Can be extended to a max of 24 hours: 18+ by an Inspector 17 or younger by Chief Inspector LEESON 6 – REQUIRING PERSON’S PARTICULARS Section 13 of the Criminal Procedure (Scotland) Act 1995 states that a PC has reasonable grounds for believing a person has info regarding offence, PC may require that person to give their: Name Address D.O.B AKA THE BIG 5 Place of Birth Nationality No requirement for Witnesses to stay whilst details are verified. Suspects MUST remain. LESSON 7 – PRISONER RIGHTS, CARE & WELFARE CUSTODY DISPOSALS PRE-CHARGE POST CHARGE Released without charge Release for Report – (Summons) Released pending further investigation, while Release on Undertaking (Conditions) enquiries continue Released on investigative liberation with conditions. Keep in custody pending court appearance next Think they’ve done it but need more time to lawful day corroborate. Conditions last 28 days. Sequential Arrest When you wish to interview someone as a suspect regarding ANOTHER offence while they are in custody, they must be arrested NOA for that offence. This process involves “Layering” a new arrest on top of an existing one. LESSON 8 – WARRANTS “A warrant is an authority in writing, issued by a magistrate i.e. justice of the peace or sheriff or other competent person direct police offices to take a course of action which might not otherwise be lawful.” Competent Person – High court judge, clerk of a court, Chief Constable Apprehension Warrant – Written authority to arrest a named person. POWER OF ENTRY Means Enquiry – Offender has failed to pay fine for a crime within a stipulated period of time. Warrant empowers Police to either collect the outstanding fine or arrest offender. Extra Conviction – Offender has failed to pay outstanding fine and an alternative prison sentence has been imposed. Witness Warrant – Bring a witness before the court. Revocation of Licence – Prisoners on parole. If conditions violated, warrant to arrest and return to prison. For a means enquiry warrant, payment of fine is requested, and it must be the full amount in cash. Checks Prior to Executing a Warrant A Arrested Person’s Particulars R Reason for Arrest / Charge M Means Enquiry – How much £££ R Remember – date + time of issue E Extent of Police powers – Power of entry? S Signature of issuing authority T The date + court sentence Categories of Warrants A – Most serious – Within 21 days Accused presents a substantial risk to the public Cases with a sexual element Warrants agreed as local priority B – Within 28 days Serious RTA offences Not Cat A but domestic violence, use or possession of weapon, racially aggravated prejudice C – Within 60 days LESSON 10 – DIRECT MEASURES Recorded Police Warning (RPW) – Designed to address minor offending behaviour which would otherwise be reported to the PF. Should be used as alternative to reporting. Can be issued on spot, from custody or retrospectively following investigation. Held on CHS for 2 years and warning is “live” for 3 months. DO NOT NEED CORROBORATION FOR ISSUE BUT NEED FOR EVIDENCE OF THE OFFENCE. NO NEED TO CAUTION & CHARGE! Can issue: If offender 16+ and not subject to compulsory supervision order Offence is minor in nature Sufficient evidence to report offender to PF Offender is suitable and able to understand the RPW being issued Identity of offender can be proved. Cannot be escalated once issued. Should offenders incur maximum number of RPWs → ASB FPN. Section 128 of Antisocial Behaviour Etc. (Scotland) 2004 Act outlines the following Fixed Penalty Notice offences deemed to “sufficiently minor”: 1 Riotous behaviour whilst drunk in a licenced premises 2 Refusing to leave licenced premises when requested to do so 3 Urinating / defecating causing annoyance to others 4 Being drunk and incapable in a public place 5 Being drunk in a public place in charge of a child 6 Persisting to annoyance of others in playing musical instruments etc. and refusing to desist 7 Vandalism 8 Consume alcoholic liquor in a public place 9 Breach of the Peace 10 Malicious Mischief ASB FPN offers offenders 28 days to pay £40.00. If not paid, increases 50% to £60.00. On issuing a ASB FPN, the enquiry officer will: CAUTION + CHARGE the offender State full wording of alleged offence State amount of the ASB FPN State the clerk of the court to who, and the address at which ASB FPN may be paid Update relevant data systems prior to finishing their duty Supervisor to check the ticket LESSON 12 – HUMAN RIGHTS ARTICLE DEFINITION ARTICLE 2 RIGHT 2 LIFE ARTICLE 3 PROHIBITON OF TORTURE ARTICLE 5 RIGHT TO LIBERTY + SECURITY ARTICLE 6 RIGHT TO A FAIR TRIAL ARTICLE 8 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE ARTICLE 14 PROHIBITION OF DISCRIMINATION Before exercising powers, Police must consider: Proportionate Legal Accountable Necessary Ethical LESSON 13 – PRODUCTIONS Productions – “Any article, document or anything (including animal) which is connected to a crime or offence or other matter under review.” Document Article Clothing Anything Else We have power at common law to seize productions without warrants. Certain statutes provide additional power to seize items as productions e.g., legislation relating to drugs, firearms and poaching. Productions should only be seized where they are evidentially necessary or required for forensic examination. Seizure must be justified and may be asked to explain the rationale for the seizure. Item Seizure / Packaging Sharps Plastic tube placed in self sealed production bag Broken glass / shards Sealed in plastic tube with adhesive tape to prevent escape Money Must be sealed + certificate of counting form. Values > £1,000 counted on camera and footage lodged as a production Drugs Double bagged Clothing Brown bags CCTV Section 279 + Section 283 Forms  Unit 4 Revision LESSON 1 – CRIMES OF DISORDER Breach of the Peace: “Crime at common law and is constituted by 1 or more persons conducting themselves in a riotous or disorderly manner, where such conduct is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community.” Essential Elements of Breach of the Peace: 1. Common law crime 2. Can be committed by 1 or more persons 3. Conduct of person/s must be riotous and disorderly 4. Conduct severe enough to cause alarm to ordinary people AND threaten serious disturbance to community Breach of the Peace can take place ANYWHERE, provided there is a PUBLIC element to it. If behaviour takes place in private, must be a realistic risk of it being “discovered.” Public Element would include any public place where public are present OR any private place, overheard by public in a public place. Section 38 of the Criminal Justice & Licencing (Scotland) Act 2010: “Creates an offence for any person to behave in a threatening or abusive manner where the behaviour is likely to cause a reasonable person to suffer fear or alarm and persons behaving in such a manner intends the behaviour to cause fear or alarm or is reckless as to whether the behaviour would cause fear or alarm.” Section 127 of the Communications Act 2003: “A person is guilty of an offence if they send by any means a public electronic communications network message or other matter than is grossly offensive or of an indecent, obscene or menacing character.” Section 39 of the Criminal Justice & Licencing (Scotland) Act 2010 = STALKING “Offence occurs when a person engages in a course of conduct (occurs on AT LEAST 2 OCCASIONS) where either the conduct is intended to cause fear or alarm or person ought to have known the conduct, in all circumstances would cause fear or alarm and it does cause the victim to suffer.” “Fear & alarm” covers physical or psychological harm, or apprehension or fear for the safety of the perceived victim. LESSON 2 – CRIMES OF VIOLENCE Assault “A crime at common law and is every attack directed to take effect physically on the person of another, whether or not actual injury is inflicted.” Direct Direct = Deliberate attack on a person Assault Categories of Indirect Indirect = Assault may be indirect Assault Assault e.g., setting a dog on someone Menaces = Verbal threats not enough Menaces but threatening gestures inducing a state of bodily fear are sufficient. For remembering assault aggravations, D.I.M.P.L.E.S Danger to victim Intent Mode of perpetration Persons character Locus of assault Extent of injury Statutory hate crime Assault may be justified by showing it was done under lawful authority or in self-defence. In all cases, the minimum force necessary should be used. Culpable and Reckless Conduct: “No specific definition but acts which cause injury to others or which create a risk of injury. Utter disregard for the consequences.” LESSON 3 – ACCESSION ***ACCESSION IS NOT A CRIME*** Everyone who participates in a crime or offence is equally liable, no matter what part they played. Principal = Actually commits the crime. Accessory = Anyone who aids the perpetrator with advice or assistance before or at the time of the crime or offence or who acts in concert by watching whilst the crime or offence is committed. Abettor = Person who incites, instigates, encourages or counsels another to commit a crime or offence. Only guilty of a crime or offence by accession if they have guilty knowledge of the specific crime or offence. There can only be accession before or during the crime. There can be no accession after a crime has been committed. LESSON 4 – CRIMES AGAINST PUBLIC JUSTICE Wasting Police Time “A crime at common law, committed by any person who maliciously makes a false statement to the police with the intention and effect of causing unnecessary police investigation.” Attempt to Pervert the Course of Justice “A crime at common law which can be described as any overt and intentional action calculated, to interfere with either the normal investigation of a crime, or the bringing of an offender to justice.” Perjury “Crime at common, committed by any person who wilfully makes a false statement under oath or affirmation equivalent to an oath.” To constitute perjury: Falsehood made under oath Direct and unequivocal Proved to be false and accused knows it was Relevant to the point of issue Relate to evidence of fact Subornation of Perjury “A crime at common law, committed by any person who counsels or induces, by any means, a person to give a false testimony in judicial proceedings.” Crime only complete if witness submits to inducement i.e. needs to actually be carried out. Contempt of Court “An intentional disrespect or an action against the court’s authority.” LESSON 5.1 – ACQUISITIVE CRIMES – THEFT Theft “Crime at common law and is taking or appropriating of property without the consent of the rightful owner or other lawful authority.” Essential Elements of Theft: 1. There was an appropriation of property 2. Taking was felonious 3. Intent to deprive the owner 4. Property belonged to another Breaking down the essential elements: 1) Any removal or movement for the purpose of carrying it away is sufficient to constitute the crime of theft. 2) Finding and thereafter dishonest appropriation of lost or stolen property is also theft e.g., finding money. 3) Guilty intention can be proved through actions of accused. Intention to deprive the owner permanently or temporarily a. Permanently – Shown by proving the keeping, concealment, disposal or sale of property by thief b. Temporarily – Where no intention to deprive the owner of their property, it is still theft provided there is an illegitimate purpose behind the intention. 4) Must prove the property belonged to someone else. Section 60 Civic Government (Scotland) Act 1982 – Detain + Search in relation to stolen property. Doctrine of Recent Possession – Times where you find it difficult to satisfy the essential elements of theft, but where facts are such that it is easy for you to infer that a suspect has committed the crime of theft shortly before. May be proved by: Property was stolen AND Shortly thereafter it was traced to the physical or constructive possession of accused AND No reasonable explanation of such possessions given Other incriminating circumstances LESSON 5.2 – THEFT AGGRAVATIONS + RELATED CHARGES Theft by Housebreaking “Constituted whenever the security of the house is violated and some article abstracted or removed for the purpose of being carried off. It is not essential that the thief should have actually entered the building. The theft is complete if, for example, he draws the article towards him with some implement, even although he does not get the article into his hand.” Essential Elements of Theft by Housebreaking: 1. Overcoming the security of the house 2. Unauthorised appropriation of property 3. Felonious intent to deprive the owner “Includes any dwelling house or other roofed building, finished or unfinished, or any part of a building used as a separate dwelling, which is secure against intrusion by unauthorised persons.” Theft by opening a Lockfast Place Committed when the security of a lockfast place is overcome and contents stolen. Essential Elements of Theft by opening a Lockfast Place: 1. Overcoming the security of the lockfast place 2. Unauthorised appropriation of property 3. Intent to deprive the owner A lockfast place includes rooms, cupboards, drawers, safes, desks, cashboxes, show-cases and any other receptacle the contents of which are secure by a lock. Other theft aggravations: Attempted theft HB with intent to steal Attempted HB with intent to steal Opening a lockfast place with intent to steal Attempted opening a lockfast place with intent to steal LESSON 5.3 – RESET Reset is when something that has been dishonestly obtained is sold or passed onto someone else. “Crime at common law, committed by any person with the intent to deprive the owner, to receive and keep property, knowing that it had been appropriated by theft, robbery, embezzlement or fraud.” Essential Elements of Reset: 1. Guilty knowledge 2. Criminal intent 3. Receipt of property 4. Property dishonestly obtained LESSON 5.4 – ROBBERY Robbery “Crime at common law committed by any person, who feloniously appropriates property by means of violence or threats of violence.” Essential Elements of Robbery: 1. Violence or threats of violence 2. Intent to feloniously deprive the property 3. MUST take possession of the property ***NO SUCH CRIME AS ATTEMPTED ROBBERY*** Don’t take possession = Assault with intent to rob LESSON 5.5 – SECTION 178 A + B ROAD TRAFFIC ACT 1988 Taking a car temporarily = Section 178 (Joyriding) Taking a car permanently = Theft Section 178(1)(A) of RTA 1988 states that a person who takes and drives away a motor vehicle without the consent of the owner or lawful authority shall be guilty of an offence. Section 178(1)(B) of RTA 1988 provides that a person who knowing that a motor vehicle has been taken drives it or allows themselves to be carried in or on it without such consent or authority commits an offence. Essential Elements of 178(1)(A) of RTA 1988: 1. Motor vehicle has been taken away 178(1)(B) 2. Motor vehicle has been driven 3. No consent from the owner 4. No other lawful authority 178(1)(A) LESSON 5.6 – PREVENTATIVE OFFENCES Section 57(1) Civic Government Act 1982 – Persons Found on Premises 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 the curtilage So that in all circumstances it may be reasonable inferred that they intended to commit theft. Section 58 Civic Government Act 1982 – Possession of Tools 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 purposes of committing theft. Certain person is a person who has 2 or more convictions for theft including aggravations and robbery. Spent convictions are NOT being considered here. Section 59 Civic Government Act 1982 – Power to Detain by Occupiers Empowers an owner, tenant, occupier or other authorised person of premises to apprehend the offender if found on their property Section 60 Civic Government Act 1982 = POWER OF SEARCH LESSON 5.7 – FRAUD, FORGERY AND UTTERING Main components of Fraud: 1. Falsehood (LIE) – False representation by word of mouth or writing or false conduct 2. Fraud (CHEAT) – Intention to deceive and defraud and 3. Wilful Imposition (GAIN) – What is required is that there is a practical result, i.e. inducing a person to do what they would otherwise not have done. Must have some measure of success before crime is complete. In order to prove attempted fraud, the scheme must have passed a stage of preparation and entered a stage of perpetration. Section 92 of Police & Fire Reform (Scotland) Act 2012 – Impersonating a Constable Forgery & Uttering “A crime at common law and consist in the making and publishing of a writing feloniously intended to represent and pass for the genuine writing of another person.” ATM Skimming ATM Skimming = Device placed within ATM that can read PIN numbers of cards being used. Boiler Room = Investors being sold over priced shares by companies that are worth little or nothing. Long Common Long firm Fraud = Involves a company being set up, Boiler Firm Methods of Fraud Fraud Room obtaining goods on credit and failing to make payment for the goods. Phishing = Attempting to acquire personal information such as usernames and passwords over the internet. Phishing LESSON 6.1 – CRIMES AGAINST PROPERTY – VANDALISM AND MALICIOUS MISCHEIF Section 52 of Criminal Law (Consolidation) (Scotland) Act 1995 – Vandalism “Any person to wilfully or recklessly destroy or damage the property of another without excuse.” Essential Elements of Vandalism: 1. Must be either a deliberate intention to damage the property 2. Actual damage or destruction of property 3. Damage or destruction must be to property not belonging to accused Malicious Mischief “Is a crime at common law constituted by wilful, wanton and malicious destruction of, or damage to the property of another.” Essential Elements of Malicious Mischief: 1. Must be malice; either actual or inferred by perpetrator 2. Destruction or damage caused by accident or under a reasonable belief of right Vandalism vs Malicious Mischief With VANDALISM there must be actual damage to property whereas MAL MIS financial damage brought about by a criminal act would suffice in the absence of actual damage to property. LESSON 6.2 – CRIMES AGAINST PROPERTY – FIRERAISING 2 Categories: Wilful fireraising Culpable and reckless fireraising Wilful Fireraising “The crime of wilful fireraising is committed when a person intentionally sets fire to any form of property.” Culpable and Reckless Fireraising “Is committed when property is set on fire as a result of a reckless act by the accused.” Section 56 of the Civic Government (Scotland) Act 1982 An offence for any person to lay or light a fire in any “public place” so as to cause any damage to persons or property and give reasonable cause for alarm or annoyance. PUBLIC PLACE = PLACE PUBLIC HAS UNRESTRICTED ACCESS Section 26 of Fire (Scotland) Act 2005 – Constable may extinguish fire or protect life or property. LESSON 7 – OFFENSIVE WEAPONS Covered by Criminal Law (Consolidation) (Scotland) Act 1995: SECTION 47 – OFFENSIVE WEAPON SECTION 48 – POWER OF SEARCH SECTION 49 – BLADED OR SHARP POINTED ARTICLE SECTION 50 – POWER OF SEARCH Section 47 of Criminal Law (Consolidation) (Scotland) Act 1995 creates the offence for any person who has with him in any public place any offensive weapon shall be guilty of an offence. Public place means any place other than school, prison or domestic premise. Description Example MADE Designed for purpose of inflicting injury Knuckle duster, baton ADAPTED Instrument has been amended to cause injury Bat wrapped in barbed wire INTENDED Object not typically used for causing injury Golf club, belt, baseball bat Section 48 – Power to search, without a warrant, search can take place in a private place. No power to search vehicle. Concealment IS NOT a suspect not telling you where weapon is in possession. Section 49 (1) of Criminal Law (Consolidation) (Scotland) Act 1995 creates an offence for any person who has a bladed article or sharply pointed article in a public place shall be guilty of an offence. A bladed article = any article having a blade e.g., knife, cleaver, machete, sword. A folding pocket knife less than 3 inches = EXEMPT Section 50(1) = Power of Search Section 1, Restriction of Offensive Weapons Act 1959 – An offence for any person to import, manufacture, gift, loan, sell or offer to sell any flick knife or gravity knife. For this offence remember the mnemonic: Loan Offer to sell Gift Import Sell Manufacture LESSON 8.2 – CONTROLLED DRUGS A drug can be defined as “any chemical substances which affects the workings of the mind or body.” Section Common Offences in the Misuse of Drugs Act 1971 No. Production and Supply 4(1) Unlawful for a person to produce, supply or offer to supply a controlled drug 4(2) An offence to produce a controlled drug in contravention of subsection (1) Concerned in the Supply / Sale of a Controlled Drug 4(3) Makes it an offence to supply a controlled drug to another in contravention of subsection (1) Unlawful Possession 5(1) Unlawful for any person to have a controlled drug in their possession Makes it an offence for any person to have a controlled drug in their possession in contravention 5(2) of subsection (1) Possession with Intent to Supply An offence for any person to have a controlled drug in their possession, whether lawfully or 5(3) not with intent to supply it to another in contravention of Section 4(1) Section 23 – May search a person if reasonable grounds to suspect a person in possession of a controlled drug. Search any vehicle or vessel where you suspect drugs may be found. For warrants granted by a sheriff, magistrate or justice of the peace – valid for ONE MONTH, to enter by force if required, to search the premises and any person therein and to detain and seize those drugs. Psychoactive Substances Act 2016 “A psychoactive substance or legal high is any substance which is capable of producing a psychoactive effect in a person who consumes it.” Section Common Offences in the Psychoactive Substances Act 2016 No. 4(1) PRODUCTION OF A PYSCHOACTIVE SUBSTANCE 5(1) SUPPLYING OR OFFERING TO SUPPLY A PSYCHOACTIVE SUBSTANCE 7 POSSESSION OF A PSYCHOACTIVE SUBSTANCE WITH INTENT TO SUPPLY Section 36(1) – May search a person if reasonable grounds to suspect a person in possession of a psychoactive substance.  Unit 6 Revision Lesson 2 – HATE CRIME Hate Crime – “Any crime which is perceived by the victim or any other person, as being motivated (wholly or partly) by malice and / or ill-will towards a social group.” 5 Social Groups protected by Hate Crime legislation in Scotland; 1. Disability 2. Race 3. Religion 4. Sexual Orientation 5. Transgender Identity Hate Incident – Hate crime reported but upon investigation, no criminality established. A substantive offence is one which exists in its own right e.g. assault, theft, murder. A standalone offence is an offence that is recognized only as a hate crime. Section 50A(1)(a) of Criminal Law (Consolidation)(Scotland) Act 1995 – Racially Aggravated H(a)rrassment = More than 1 incident Section 50(1)(b) of Criminal Law (Consolidation)(Scotland) Act 1995 – Racially Aggravated (B)ehaviour = 1 off incident e.g. racist breach of the peace. A course of conduct or an action is racially aggravated if immediately BEFORE, DURING or AFTER carrying out the course of conduct or action, the offender displays towards the person affected by the conduct, or action, malice or ill-will based on that person’s membership of a racial group. Racial Aggravations: Section 74 of Criminal Justice (Scotland) Act 2003: Offences have been aggravated by religious prejudice. Section 1 of the Offences (Aggravation by Prejudice) (Scotland) Act 2009 – Disability Section 1 of the Offences (Aggravation by Prejudice) (Scotland) Act 2009 – Sexual Orientation or Trans ID LESSON 3 – MISSING PERSONS Missing Person: Anyone whose whereabouts are unknown and: Where circumstances are out of character and, Context suggests the person may be subject to crime OR The person is at risk of harm to themselves or the public Concern for Person: A person whose whereabouts are known or believed to be known and there are concerns of risk or harm to the individual. Risk Assessment Grading for Mis-Pers: Grading Description Risk posed is immediate and substantial grounds for believing the Mis-Per is in danger through High their own vulnerability, been a victim of a crime or a substantial risk to public. Medium Risk posed likely to place Mis-Per in danger or they are a threat to themselves or others. Low Threat to either Mis-Per or Public is low. When a Mis-Per is found, an initial safe and well check will be carried out, but a full and thorough return interview is required. Three main groups of absconders: 1. Child not returning to local authority care or other residential establishment where they have been placed by a supervision order. 2. Leaving hospital after being admitted. 3. Prisoners failing to return to custody. Section 169 of the Children’s Hearings (Scotland) Act 2011 applies where a child: a) Requires to be kept in a particular place and b) Absconds from or fails to return Police have power to return the absconding child. Section 171 of the Children’s Hearings (Scotland) Act 2011 creates an offence for any person to knowingly: Assist or induce a child to abscond Harbour or conceal a child who has absconded Prevent a child from returning to a place of safety LESSON 4 – MENTAL HEALTH + SUICIDE INTERVENTION When engaging with someone who appears to be going through a mental health distress, stay ALERT: Ask what is troubling them Listen actively, non-judgementally, show you care. Encourage them to get help and support them to do so. Reassure and give information Take all signs of distress seriously. When a person has been arrested for committing a crime, seek guidance from the duty custody SGT at earliest opportunity. They can determine the most appropriate healthcare response. Consider the need for an appropriate adult. Section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 defines a mental disorder as: “any mental illness, personality disorder, or learning disability however caused or manifested.” For the purposes of this section of the Act: Public Place – “a place which the public, or any section of the public has, or is permitted to have access (payment or otherwise) and includes the common parts of a building containing two or more separate dwellings.” Place of Safety – “A hospital, premises which are used to provide a care home service or any other suitable place where the occupier is willing to temporarily relieve a person with a mental disorder.” A person can be detained at a place of safety for up to 24 hours under the Mental Health (Care and Treatment) (Scotland) 2003 Act. Section 292 – Warrant to enter premises for purposes of taking a patient. Mental Health Officer, Health Professional or PC can enter Section 293/294 – Removal orders – allows for continued detention not exceeding 7 days Section 35 Warrant – Person with a mental disorder living in such circumstances that they may be suffering, ill treatment or neglect OR is living alone and can’t look after themselves. Warrant grants no more than 3 hours to carry out a medical assessment. Section 297 – A Police Officer may remove a person to a place of safety from a public place if: They reasonably suspect the person in a public place has a mental disorder Person is in immediate need of care and treatment Is considered to be in the interest of the person or necessary for the protection of other people to remove that person to a place of safety. Section 298 – Police must share info with: local authority whose area the place of safety is situated ASAP Person’s nearest relative ASAP Mental Welfare Commission within 14 days of relevant person being removed. Removal of a person suspected to have a mental disorder in a private place to a place of safety is UNLAWFUL unless: They leave the private place voluntarily Person has committed a crime or offence and officers use powers under that legislation Immediate risk to life Powers granted via removal orders (S293/S294) obtained by and under detention by a Mental Health Officer LESSON 5 – DEALING WITH DEATH Three broad categories of death: 1. Medical death – Death is expected or attributed to natural causes. 2. Unexplained medical death – Death is sudden and unexplained. In the absence of suspicion, a death would be classified as a medical death. 3. Police reportable death – Responsibility of Police Scotland to investigate and report to COPFS all deaths under this category. Homicide – “When a human kills another human being. The victim must be self-existent, not an unborn child. But, if the child has begun to breathe, it is immaterial that the death took place before complete delivery. Homicide is categorised as follows: Criminal – Murder & Culpable Homicide Non-Criminal – Casual Homicide & Justifiable Homicide Murder – “A common law crime and is committed when a person kills another without necessary cause and when there is either: an intention to kill OR a wilful act so reckless as to show utter disregard for the consequences.” Culpable Homicide – “Also a common law crime and is committed when any person unlawfully kills another person, where death is caused by improper conduct, but the guilt is less than murder e.g. a fight that got out of hand.” Casual Homicide – “Non-criminal and covers death by “misadventure” when there is no intent to cause injury and occurs whilst performing a lawful act in the proper means. Justifiable Homicide – “Non-criminal and consists of killing in circumstances where, in the eyes of the law, the taking of a life is a right and proper thing to do (self-defence).” Road Traffic Act 1988 Statutory Homicides Section 1 Death by Dangerous Driving Section 2 Death by Careless or Inconsiderate Driving Section 3A Death by Careless driving whilst under the influence Section 3ZB Death whilst driving unlicenced, disqualified or uninsured STAGE 2 STAGE 1 Pronounce Life Extinct (PLE) Police Preservation of Life Assessment STAGE 3 ACTION LESSON 7.1 – DOMESTIC ABUSE – INTRODUCTION Domestic Abuse – “Any form of physical, verbal, sexual, psychological or financial abuse which might amount to criminal conduct which takes place within the context of a relationship. The relationship will be between partners (married, cohabiting, civil partnership or otherwise) or ex-partners. The abuse can take place in the home or elsewhere including online.” Coercive control is a pattern of controlling and abusive behaviour which seeks to take away someone’s liberty or freedom and strips away their sense of self. Section 1 of the Domestic Abuse (Scotland) Act 2018 – A person commits an offence if all 3 of the following are met: 1. They engage in a course of behaviour which is abusive of their partner / ex AND 2. A reasonable person would consider the course of behaviour would be likely to cause the victim physical or psychological harm; this includes fear, alarm and distress AND 3. They intend the course of behaviour to cause the victim to suffer physical, psychological harm, or is reckless as to whether it causes harm A course of behaviour consists of behaviour on at least TWO occasions which is abusive of a partner / ex. COPFS requires corroboration for a course of behaviour therefore there must be corroborated evidence (2 sources) of at least 2 incidents of abusive behaviour. Section 5 – Aggravation – Child less than 18 Added to the charge should the offence involve a child under the age of 18. Should be added if: 1. At any time during commission of the offence: a. Behaviour is directed at the child b. Persons makes use of a child 2. Child sees, hears or is present during an incident 3. A reasonable person would consider the course of behaviour to be likely to adversely affect the child residing with either party Only needs to be a single source of evidence to prove the aggravation and there is no need to prove the child understood or was aware of the behaviour LESSON 7.2 – DOMESTIC ABUSE – INITIAL INVESTIGATION Three tiered approach to tackling domestic abuse: Tier 1 Local policing response, made up by officers and staff across Scotland, working with local communities to support victims and bring domestic abuse perpetrators to justice. Tier 2 Domestic Abuse Investigation Units (DAIU), committed to undertaking investigations of a more complex nature or of greater risk. Tier 3 Domestic Abuse Task Force (DATF) leads on investigation of the “worst of the worst,” serial perpetrators who move from relationship to relationship. They look at the lifetime of a perpetrator’s domestic relationships. When attending a domestic abuse incident, must consider the following: Attend and assume operational responsibility Separate those involved and speak to them out of sight and ear shot. Prioritise safety and wellbeing of victim’s family. Think about child protection. Afford the victim the opportunity to specify gender of interviewing officer as per Victim and Witnesses (Scotland) Act 2014 Complete the 27 Domestic Abuse Questions Consider the need to check SHOGUN (Firearms database) Offer victim access to victim support and advocacy services A victim care card MUST be completed, explained and left with the victim. The DAQs are used to identify, assess and manage risk in a standardised framework and provides an actuarial checklist to provide risk level indicator. All Q’s must be asked at every incident and answers fully recorded and any “YES” responses expanded upon with relevant follow-up questions asked. 14 or above – HIGH RISK Below 14 – MEDIUM RISK The RARA risk management mnemonic can help decide the next steps: Remove the risk Detain suspect, arrest and seek remand in custody Avoid the risk Rehouse the victim in a place unknown to the suspect Reduce the risk Joint intervention with partner agencies to provide the victim with suitable advice and assistance. Request bail conditions and carry out bail checks. Accept the risk Only applicable where no likelihood of further risk to the victim. Disclosures Aim of Disclosure Scheme is to provide a way of sharing information about a partner’s abusive past with a potential victim or someone who can help keep them safe. Two main pathways for disclosure Right to Ask – Public: Basically allows anyone who has concerns about a new partners abusive past to ask the police to conduct inquiries into this with the aim of keeping them safe from harm Power to Tell – Professional: This pathway is triggered when Police Scotland receive information or intelligence about a person thought to be at risk of suffering domestic abuse. Step 1 – Applications into the Scheme → Step 2 Initial Checks and Initial Contact → Step 3 Face to Face Meeting / Background checks → Step 4 Decision Making Forum → Disclosure LESSON 7.3 – DOMESTIC ABUSE – POLICE POWERS Where a perpetrator has been arrested for domestic abuse, if there is sufficiency of evidence and accused has been cautioned and charged, they can either be released on an undertaking to appear at court OR held in custody pending appearance at court. If accused is not traced, an apprehension warrant will be sought. Court Proceedings: If guilty plea – matter can be dealt with that day and if no custodial sentence passed, accused free to return home. If not guilty plea – date fixed for trial. Accused may be released on bail, sometimes with conditions attached. For serious cases, accused may be remanded for 7 days. Matrimonial Home = Couple occupying it must be married or in a civil partnership Family Home = Occupied by couples who have NOT married or civil partnership Matrimonial Homes (Family Protection) (Scotland) Act 1981: Couples are divided into entitled and non-entitled spouses or partners. Entitled is someone who is registered owner or tenant of property i.e. name on mortgage. Non-entitled is a spouse or partner not officially recorded as being an owner or tenant of the property. The 1981 Act confers automatic occupancy rights to both entitled and non-entitled partners in a marriage or civil partnership. Automatic Occupancy Rights can be lost if not used by the “non-entitled” partner. If no cohabitation for two continuous years, then occupancy rights are lost. Section 22 of the Rent (Scotland) Act 1984 creates a criminal offence to deprive a residential occupier of a premises of their occupation of the premises. Could consider cautioning and charging a person for depriving their partner of their occupation of the matrimonial home but only if excluded partner has occupancy rights. Interdicts – Court orders made to prevent the commission of a wrongful or illegal act, issued under civil law. An interdict can prohibit several things for example: A spouse from entering the matrimonial home or a specific vicinity of the matrimonial home Conduct of one spouse towards the other Abusive partner entering or remaining the school attended by any child in the care of the other partner Interdicts can offer protection not only to the abused partner but also children of the family. Interdict without a power of arrest =  Interdict with a power of arrest = ✓ may be granted provided: the interdicted person has been given an opportunity to be heard or represented before the court AND Court is satisfied that the power of arrest is necessary to protect the applicant from risk of further abuse. Court must specify date of expiry for the power, no date later than 3 years. A sheriff officer will serve on the interdicted person and copy to the Chief Constable. Power of Arrest = Section 4 of the Protection from Abuse (Scotland) Act 2001. Exclusion Order is a court order suspending one partner’s occupancy rights to the matrimonial / family home. Once served, means the non-applicant partner must leave (usually on 7 days notice). Breach of an exclusion order almost always has power of arrest. Protection from Harassment Act 1997 - Section 8(A) harassment amounting to domestic abuse provides every individual has a right to be free from harassment and accordingly a person must not engage in conduct which amounts to harassment of another. Harassment must involved conduct on AT LEAST 2 OCCASIONS. A Non-Harassment Order under this legislation can be used to prohibit such behaviour. Harder to acquire than interdicts. In civil proceedings, NHO can be applied for by victims of domestic abuse through their solicitors. In criminal proceedings, if a perpetrator is convicted of an offence, PF can apply to court to grant an NHO. LESSON 8.1 – CHILD PROTECTION + GIRFEC Get It Right For Every Child – national approach to improving the wellbeing of children and young people. In terms of Children’s Hearings (Scotland) Act 2011, a child is a person: Under the age of 16 OR 16 or 17 years of age AND subject to a compulsory supervision order Parental Responsibilities All mothers automatically have parental responsibilities and can only be taken away with a court order. A father has these rights and responsibilities if: Married to the mother at conception or thereafter Given them by court order Agreed rights and responsibilities with the mother and registered through legal process as defined in S4(1)(2) Children Scotland Act 1995 Recorded as father on birth certificate on any birth registered on or after May 4th 2006. Child born or after 4th May 2006 On Birth Certificate & Married = PRR On Birth Certificate & Not Married = PRR Not on Birth Certificate & Married = PRR Not on Birth Certificate & Not Married = No PRR These changes in law were made to make sure separating or divorcing parents are both involved in raising children. Section 12 Children and Young Persons (Scotland) Act 1937 creates an offence for: Any person 16+ who has the parental responsibilities for the charge, or care of a child or young person under 16 AND Wilfully, ill-treats, neglects, abandons or exposes them in a manner likely to cause unnecessary suffering or injury to health (including mental health). WIL/NEG/AB/EX Charge – Delegated that responsibility by the person who has parental rights e.g., a babysitter Care – Person deemed in care of child if they have actual possession or control of child or young person e.g., a police officer with a lost child. Wilfully – Actions of accused are deliberate and intentional. Section 56 of the Children’s Hearings (Scotland) Act 2011 → Emergency power that a Constable can remove a child to a place of safety. LESSON 8.2 – YOUTH OFFENDING + GROUNDS FOR REFFERAL A child under 12 years of age cannot be held criminally responsible. They are classed as “non-age.” They may however still be referred to the Children’s Reporter via a VPD submission. Younger child = 12-15 years old or 16-17 under a compulsory supervision order. Disposal options - Warnings, Referral to Partners to consider local interventions AKA Early & Effective Intervention (EEI), Standard Prosecution Report Older child = 16-17 years old. Disposal options - RPWs, Referral to EEI, SPR Where there is sufficiency of evidence in the case, child will be cautioned and charged in the presence of parent or guardian. Report should then be forwarded on to the Children’s Reporter and/or PF. If brought into police custody, duty officer will decide if a child should be held in custody. RETENTION IN POLICE CUSTODY OF A YOUNGER CHILD SHOULD ALWAYS BE COINSIDERED THE VERY LAST RESORT Section 61 of Children’s Hearings (Scotland) Act 2011 – Police have a statutory obligation to provide the Principle Reporter information where we consider: a) A child needs protection, guidance, treatment or control and b) That it might be necessary for a compulsory supervision order to be made in relation to the child LESSON 9.1 – SEXUAL OFFENCES – INITIAL ACTIONS Advise victim not to eat or drink so that valuable forensic evidence is preserved Believe victims until there is evidence to the contrary Attend + speak with victim as soon as practicable Obtain medical assistance if required Allow victim to specify the gender of the interviewing officer in terms of Section 8 of Victims and Witnesses (Scotland) Act 2014 Seek support for the victim if requested Obtain initial account Initial Briefing Report (IBR) – Should be filled out at the earliest opportunity to get the initial circumstances in order to progress the enquiry. An IBR serves as a step-by-step guide to ensure the necessary information is captured. Early Evidence Kit (EEK): Urine Samples – Taken twice, 1 hour apart to establish how much alcohol had been consumed Mouth rinse – For oral penetration Skin swabs Discarded items e.g., condom wrappers Non recent rape = Happened > 1 year ago LESSON 9.2 – SEXUAL OFFENCES LEGISLATION Sexual Offences (Scotland) Act 2009 AKA SOSA, provides that consent is to be defined as a “free agreement.” This definition captures those circumstances where consent may be given but the individual may have consented under duress. SOSA 2009 clarifies the position where consent is given then subsequently withdrawn. It states: Consents to 1 type of conduct does not itself imply consent to any other type of conduct Consent to conduct may be withdrawn at any time before, or in the case of continuing the conduct, during If the conduct takes place or continues to take place after consent has been withdrawn, it takes place or continues to take place without consent. A mentally disordered person is incapable of consenting whereby they are unable to understand 1 or more of the following: Understand what sexual conduct is Form a decision as to whether to engage in sexual conduct Communicate any such decision Younger child – A person who has not attained the age of 13 (0-12 years) Older child – A person has attained the age of 13 but not attained the age of 16 (13-15 years) SOSA Section 1 – Rape A person will commit the offence of rape by intentionally or recklessly penetrating, the victim’s vagina, anus or mouth with their penis (including surgically constructed) in circumstances where the victim does not consent and the accused has no reasonable belief that victim is consenting to penetration. Penetration is a continuing act from entry of the penis until its withdrawal. SOSA Section 2 – Sexual Assault by Penetration Person commits the offence of sexual assault by penetration by intentionally or recklessly penetrating the victim’s vagina or anus with any part of the perpetrator’s body or anything else in circumstances where the victim does not consent. SOSA Section 3 – Sexual Assault Five separate acts which constitute the offence of sexual assault and only committed if victim didn’t consent: 1. Penetrating the victim’s vagina, anus or mouth by any means in a sexual way (See Section 2) 2. Touching the victim in a sexual way 3. Having any other sexual physical contact with the victim, whether directly or through clothing and whether with body part or implement 4. Ejaculating semen onto the victim 5. Emitting urine or semen onto the victim sexually Others worth knowing: Section 6 – Coercing a person into looking at a sexual image Section 7 – Communicating indecently Section 8 – Sexual exposure Section 11 – Administering a substance for a sexual purpose (Spiking) A younger child will NEVER be able to consent to a sexual act of any kind with ANY person. Section 28 – Having Intercourse with an Older Child Charge is libelled if consent is present from the older child. Offence only committed by a person aged 16+ Section 37 – Older Children Engaging in Sexual Conduct with each Other Older child who participates in the following sexual conduct with another older child commits the offence: Intentional or reckless sexual penetration of another older child’s vagina, anus or mouth with a penis or Intentional or reckless touching of another older child’s vagina, anus or penis with his or her mouth. If each older child is engaging in sexual conduct are consenting, then each will be guilty of this offence. LESSON 12 – ADULT PROTECTION The Adult Support and Protection (Scotland) Act 2007 defines adults at risk as individuals aged 16+ who are unable to safeguard their own wellbeing, their property, rights or other interests are at risk of harm because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than others not affected. 3 POINT TEST Assessment Order Section 11 of the Act directs that a local authority may make an application to a sheriff for an assessment order to determine whether an adult is suspected to be at risk. Order allows for a council officer to take an adult at risk to a suitable place to conduct an interview. Only council can apply for this. Valid from date specified and expires 7 days after Removal Order Section 14 of the Act states council may apply for a removal order which authorises a council officer to move a specified person to a specified place within 72 hours of the order being made and to take such reasonable steps as it thinks for the purpose of protecting the moved person from harm. Expires 7 days after the person is moved. Banning Order Section 19 bans the subject of the order from being in a specified place, usually where the adult at risk lives. Can last up to 6 months and a child can be the subject of a banning order. A breach of a banning order is an arrestable offence under Section 28 of the Act. Appropriate Adults – Help the person understand what is happening and facilitate effective communication between the person and the police. Whenever an adult 16 and over with a mental disorder is involved in a police process, they must be suitably provided with the services of an appropriate adult.  Unit 7 Revision LESSON 1.1 – FIREARMS – CONSIDERATIONS & EXPLANATIONS A Firearm under the Firearms Act 1968 means: “A lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged and includes: 1. Any “prohibited weapon” whether lethal barrelled or not 2. Any “component part” of such lethal or prohibited weapon 3. Any “accessory” to such weapons which are designed or adapted to diminish the sound or flash caused by firing the weapon.” Ammunition means any ammunition for any firearm and includes grenades, bombs and other like missiles whether capable of use with a firearm or not. Rifles – Section 1 of the Firearms Act 1968 High powered, high velocity weapons which are incredibly accurate over long distances. The word “rifle” refers to the rifling in the barrel. This is the spiral groove cut into the metal which spins the bullet as it travels up the barrel before it leaves the muzzle of the weapon. Shotguns – Section 2 of the Firearms Act 1968 “Is a smooth bore gun, not being an air weapon which; Has a barrel length not less than 24 inches in length A barrel bore not exceeding 2 inches in diameter Must not have a magazine capable of holding more than 2 cartridges.” A component part of a firearm is basically any part of the firearm which is essential for firing the weapon Trigger ✓ Barrel ✓ Hammer  Trigger Guard  Accessories – Only those designed or adapted to diminish the sound or flash caused when firing the weapon are covered in the Firearms Act 1968 as they could be used in criminal context. Prohibited Weapons – Section 5(1) Firearms Act 1968 Firearms adapted for continuous fire Weapons designed or adapted to discharge Firearms disguised as another object noxious liquids or gasses Rocket Launchers Weapons with barrel length less than 30cm or overall length less than 60cm LESSON 1.2 – FIREARMS OFFENCES Section 19 of the Act creates an offence for any person to have with them in a public place without lawful authority or reasonable excuse: A loaded shotgun An air weapon (loaded or unloaded) Any other firearm loaded or unloaded if the person has suitable ammunition in their possession. An imitation firearm Section 20 of the Act creates and offence for any person in possession of a firearm or imitation firearm to trespass onto any land or buildings without reasonable excuse. For the purposes of this section, land includes land covered by water i.e., rivers, lochs. Not necessary to prove if firearm was loaded or not or even if person had ammunition. Stop + Search Powers – Section 47 provides that if a PC has reasonable cause to suspect that a person is in possession of a firearm or ammunition in public or if they have committed a section 20 trespass, the PC may: 1. Require the person to hand over the firearm, and any other ammunition for examination 2. Search the person ad detain them for that purpose 3. Stop and search any vehicle in similar circumstances. It is an offence for any person to fail to hand over firearms or ammunition when so required. Criminal Use of a Firearm Section 17(1) – It is an offence for any person to use, in anyway whatsoever; a firearm or imitation firearm with intent to resist, or prevent the arrest of either himself or another Section 17(2) – It is an offence for any person to be in possession of a firearm or imitation firearm whilst committing or being arrested for a schedule 2 offence. Unless they can show their possession for a lawful object. Section 18 – Separate offence for any person to be in possession of a such firearm or imitation firearm with intent to commit a schedule 2 offence or resist arrest. Section 30 Air Weapons and Licensing (Scotland) Act 2015 creates an offence for a person: To fail to take reasonable precautions for the safe custody of an air weapon possessed by the person OR To fail to report ASAP to the Chief Constable, the loss or theft of an air weapon possessed by a person. Reckless Discharge – It is a crime at common law for any persons to recklessly discharge a firearm, whether or not actual injury is caused. The essence of the crime is the wanton disregard for safety of others. Firing an Air Weapon Beyond Premises – Section 21A of the Firearms Act 1968 creates an offence for a person to have with them an air weapon on any premises if they use it for firing a missile beyond those premises. Use by Persons Under 18 Years Under 18 with relevant firearms or shotguns certificate may lawfully possess the weapons to which they relate but can only use them for: 1. As a slaughtering instrument 2. Sporting purpose 3. Vermin control 4. Competition purposes including target shooting and clay pigeon and 5. Target and clay pigeon shooting which is not part of a competition (practice) Section 1 Certificated Weapons - Rifles: Section 22 creates an offence for any person under 18 to purchase or hire any firearm or ammunition Section 24 creates an offence to sell or hire any firearm or ammunition to a person under 18. It is an offence to make a gift or lend any section 1 firearm to a person under 14. Exemptions: Acting as a gun bearer, member of an approved rifle club or at a shooting gallery. Section 2 Certificated Weapons – Shotguns: Under 18 may possess a shotgun if they have been granted a shotgun certificate. Offence for a person under 18 to purchase or hire a shotgun or ammunition. If they are under 15, may not be in possession of an assembled shotgun unless they are either: Supervised by a person aged 21 years or over who doesn’t need to hold a shotgun certificate Shotgun is so covered a securely fastened gun cover that it cannot be fired. Airweapons – Applicant under the age of 18 Where the Chief Constable grants an air weapon certificate to an individual under 18, it will be for one of the following reasons: For sporting purposes on private land Purposes of pest control Target shooting on private land For protecting livestock, crops or produce on Participating in events or competitions land in connection with agriculture At an approved gun club LESSON 2.1 – LICENSCING – PREMISES Alcohol: “Spirits, wine, beer, cider or any other fermented, distilled or spiritous liquor but does not include alcohol which is of a strength of 0.5% or less, at the time of sale.” Alcohol may only be sold on premises that have been granted a licence by the local licencing board. The board comprises of 5 – 10 elected councillors. Licencing Standards Officer is appointed by each council to undertake the following functions: Providing interested persons with information and guidance concerning the operation of the Licensing (Scotland) Act 2005 in the area Supervising compliance of premises and occasional licence holders Providing mediation services to avoid or resolve disputes LSO has the power to enter to and inspect licenced premises. Any persons working at the licenced premises at the time must provided the LSO with assistance and intentional obstruction is an offence. Premises Licence – Licence issued by a Licencing Board under the Licencing (Scotland) Act 2005 authorising the sale of alcohol on the premises. Section 52 of the Act places a duty under the premises licence to prominently displays on the premises a certified copy of summary of the Premises Licence capable of being read by anyone frequenting the premises. Personal Licence – Section 71 of Act states that a personal licence in relation to an individual issued by the licencing board authorising them to supervise or authorise the sale of alcohol. Valid for 10 years, refresher training after 5. Act does not require a holder of a personal licence to be on premises at all times when alcohol is sold but must be on duty passed 1am. Act requires every sale to be “authorised” by a personal licence holder although such authorisation can be a general one. Core Licencing Hours Licenced Hours Periods of time specified in the operating plan and contained in the premises licence during which alcohol is sold on the premises. On-sale Hours Licenced hours applying to the sale of alcohol for consumption on premises. Off-sale Hours Licenced hours applying to the sale of alcohol for consumption off premises. Section 63 of the Act states a person commits an offence if out with licenced hours (LOCKINS) any person: Sells or allows alcohol to be sold on licenced premises Allows alcohol to be taken from or consumed on licenced premises Occasional Licence – Extension beyond normal hours which enables the sale of alcohol for a specified event or occasion. Period must not exceed one month. The maximum duration of each occasional licence is 14 days. Late Opening Conditions – If premises has a capacity of at least 250 people and regularly provides between 01:00 – 05:00am: Live or recorded music exceeding 85db Has either facilities for dancing or adult entertainment When fully occupied is likely to have more customer standing than seated specific conditions shall apply: o Personal licence holder present from 01:00 o CCTV installed o First aid trained person o Toilets supervised o Written policies on evacuation o Security Industry Authority Stewards present at all entrances from 01:00am LESSON 2.2 – LICENCING + YOUNG PEOPLE Child A person who is under the age of 16 (0-15) Younger Person A person aged 16-17 Relevant Premises Any licenced premises on where alcohol is sold Section 102 of the Licensing (Scotland) Act 2005 – Sale of Alcohol to a child or young person Section 103 of the Licensing (Scotland) Act 2005 – Allowing the sale of alcohol to a child or young person Section 104(1)(A) of the Act = Knowingly buys, attempts to buy or otherwise makes alcohol available to a Child Section 104(1)(B) of the Act = Knowingly buys, attempts to buy or otherwise makes alcohol available to a Younger Person An offence is NOT COMMITED where the alcohol purchased, given or made available for consumption: Is for other than in a public place (at home) For the purpose of religious worship Is bought for a younger person with a meal supplied on relevant premises. This means that the young person can not purchase alcohol but could have it bought for him / her. LESSON 2.3 – LICENCING – OFFENCES & PROVISIONS SECTION OFFENCE 111 Attempt to enter a premises whilst drunk and incapable of taking care of themselves 112 Obtaining alcohol for a drunk person 113 Sale of alcohol to a drunken person 114 Staff are not to be drunk on duty 115 Drunk and disorderly conduct within a licenced premises 116 Refusal to leave the premises Section 50 of the Civic Government (Scotland) Act 1982 creates the following offence regarding drunkenness in public: Offence for any person, in a “public place” to be drunk and incapable of taking care of themselves whilst not in the care or protection of some suitable person Offence for any person, in a “public place” to be drunk in charge of any child apparently under 10 Offence for any person, in a public to be drunk whilst in possession of any firearm. THERE IS NO POWER OF SEARCH FOR ALCOHOL! Consumption of alcohol in public is dictated by local council by-laws. Section 94 of the Act provides where a person is convicted of a violent offence committed on, or in the immediate vicinity of any licenced premises, the court may make an order prohibiting the person from entering the licenced premise. Exclusion orders last 3 months – 2 years. Breach of an exclusion order = arrestable offence. A Closure Order is an order requiring the licenced premises to be closed for such a period as may be specified by the order. Section 97(1), licencing board may make a closure order on application by an Inspector or above. Voluntary Cooperation – Whenever possible a PC should give the licence holder, manager or premises user an opportunity to close the premises voluntarily until the following day. A closure order will normally only have to be made if police advice is disputed or rejected and it becomes necessary to take action to impose closure. When giving advice to close voluntarily, it should be made clear we are not engaging in a negotiation. LESSON 3.1 – MISCELLANEOUS ANTISOCIAL OFFENCES Section 54 of the Civic Government (Scotland) Act 1982 – This section creates an offence for any person to: Sound or play musical instruments OR Sing or perform OR Operate any radio, television, record player, tape player or other sound producing device If it gives any other person reasonable cause for annoyance and the offender refuses to desist on being required to do so by a constable in uniform. Under this legislation, Officers are empowered to enter premises WITHOUT a warrant and to seize noise making equipment. Equipment can be retained and held for 28 days. Section 126 of the Antisocial Behaviour Etc. (Scotland) Act 2004 – A PC can seize vehicles which are used in a manner which causes alarm, distress or annoyance to members of the public and contravenes sections 3 OR 34 of the Road Traffic Act 1988 (Careless and inconsiderate driving and prohibition of off road driving). The Constable may, if the motor vehicle is moving: Order the person driving it to stop Seize and remove the vehicle Enter any premises where the constable has reasonable grounds for believing the motor vehicle to be (other than a private dwelling house) and may use reasonable force to do so. For seizing vehicles, they must have been warned within the last 12 months. Seized vehicles can be disposed off in the 3 months following seizure. LESSON 3.2 – ANTISOCIAL BEHAVIOUR ETC. (SCOTLAND) ACT 2004 Antisocial Behaviour Orders (ASBOs) are civil orders that exist to protect the public from behaviour that causes or is likely to cause alarm or distress. Orders are not criminal penalties and are not intended to punish the offender, however breaching an ASBO is a criminal offence. Minimum age in Scotland for an ASBO = 12 years of age Local Authorities and Registered Social Landlords in consultation with the Police can apply to the sheriff court for an interim or full ASBO. If a person under 16 years of age is the subject of an ASBO, the applicant must inform the Children’s Reporter. For an ASBO to be granted: That the specified person is at least 12 years of age That the specified person has engaged in antisocial behaviour towards a relevant person That an ASBO is necessary for the purpose of protecting relevant persons from further antisocial behaviour by the specified person. Section 9 of the Antisocial Behaviour Etc. (Scotland) Act 2004 – Creates an offence to breach an interim or full ASBO. The Police have sole responsibility for reporting any breach of ASBOs. Dispersal Orders When an officer of or above the rank of Superintendent has reasonable cause to believe that members of the public have been alarmed or distressed by the presence or behaviour of groups of 2 or more persons in a public place and; That antisocial behaviour is a significant and serious problem in that area The officer may, after consultation with the relevant local authorities, designate the area as a dispersal area. A public place, for the purposes of this Act means any place which the public have access at the material time whether on payment or otherwise including: Doorways and entrances of premises abutting on any such place A road (As defined under the Roads (Scotland) Act 1984)) Any common passage, close, court, stair or yard Any place to which the public don’t have access but to which persons have unlawfully gained access Authorisation notice must be published in a newspaper circulating that area and be displayed in conspicuous places within the dispersal area. The period shall not exceed 3 months. Closure of Premises: STAGE 1 STAGE 2 CLOSURE NOTICE CLOSURE ORDER Stage 1 – A senior PC may authorise the service of a closure notice where they have reasonable grounds for believing at any time during the immediately preceding 3 months, a person has engaged in antisocial behaviour on the premises and the use of the premises is associated with the occurrence of relevant harm. Closure Notice is served by fixing a copy to at least 1 prominent place on the premises. Stage 2 – No later than the first court day after service of a closure notice, a Senior PC shall apply for a closure order in respect of the premises specified in the closure notice. A closure order authorises closure of the premises specified to all persons for a period not exceeding 3 months although this can be extended to 6 months upon applications. LESSON 4 – MAJOR INCIDENTS Major Incident: “An event or situation with a range of serious consequences which requires special arrangements to be implemented by one or more emergency responder agency.” GOLD COMMANDER A senior Officer with an overview of the entire incident SILVER COMMANDER An Officer operating remotely and supporting the needs of the Bronze Commander BRONZE COMMANDER Officer in Charge @ Scene Critical Incident: “Any incident where the effectiveness of the Police response is likely to have a significant impact on the confidence of the victim, their family and/or the community.” LESSON 5 – SPORTING EVENTS LEGISLATION Relevant Area of a Sports Ground – Any part of the ground to which spectators are granted access on payment from which the even can be viewed directly (this would cover those grounds and instances when access is permitted without payment) Period of Designated Sporting Event – 2 HOURS before the start and 1 HOUR after the event. Controlled Container – A container of any description is or was capable of holding any liquid and is made from a material which, if the container were to be thrown or propelled at a person, could cause injury to that person. Controlled Article or Substance means any article or substance whose main purpose is the emission of a flare for purposes of illuminating or signalling (as opposed to igniting or heating) or the emission of smoke or a visible gas; and in particular it includes distress flares, fog signals and fireworks. Presumption of Contents: Any liquid found in container, whether sealed or open shall be presumed to conform to the description of the liquid on the container. Section 20(1) to 20(8) of the Criminal Law (Consolidation) (Scotland) Act 1995 creates an offence for any person to be within, or attempt to enter the relevant area of a designated sports ground during the period of a designated sporting event if they are in possession of: A controlled container Any alcohol Any firework or smoke flare etc Or are drunk. When an individual activates a pyrotechnic device at a football match, the charge is culpable and reckless conduct. Public Transport Section 19(1) of the Act creates an offence for any person to be drunk or to be in possession of alcohol whilst on a public service vehicle or passenger train which is being principally used for carrying passengers to or from a designated sporting event. It is also an offence for the hirer, operator or operator’s employee to permit alcohol to be carried on such a public service vehicle. Similar provisions exist for minibuses, not classed as public service vehicles, which are constructed or adapted to carry more than 8 passengers, if used for the principal purpose of transporting 2 or more passengers to or from a designated sports event. Section 21 provides that a PC may stop and search vehicles if Section 19 offences are suspected and may seize any container if it is reasonably suspected of containing alcohol. LESSON 6 – PUBLIC ORDER LEGISLATION Organiser’s of a proposed public procession must give AT LEAST 28 DAYS WRITTEN NOTICE to both the local authority and the Chief Constable. After consultation with local authority and Chief Constable, they will either: Grant permission for the procession OR Prohibit it OR Order imposing conditions Public Assembly – “An assembly of 20 or more persons in a public place which is wholly or partly open to the air.” Mob - “A group of persons acting together for a common illegal purpose to the alarm of the lieges and in breach of the peace.” Section 60 Criminal Justice & Public Order Act – Stop & Search powers activated by an Inspector for 24 hours. Superintendent can authorise this for 48 hours.  Unit 9 Revision LESSON 1 – INTRODUCTION TO ROAD POLICING Term Definition “Any way (other than a water way) over which there is public right of passage (by whatever means) and whether subject to a toll or not and includes Road the road’s verges and any bridges (whether permanent or temporary) over which, or tunnel through which, the road passes and any referenced to a road includes parts thereof” Public Road “A road which a roads authority has a duty to maintain.” Motor Vehicle “A mechanically propelled vehicle intended or adapted for use on the roads.” Driving “Having control of the speed and direction of the vehicle.” The following Acts and Regulations deal with the most common road-policing offences: 1. Road Traffic Act 1988 – Deals with offences relating to the driving behaviour of motorists. 2. Vehicle Excise and Registration Act 1994 – Deals with registration marks and owners having to pay for a vehicle excise licence. 3. Road Vehicles (Construction and Use) Regulations 1986 – Roadworthiness requirements of a motor vehicle. 4. Road Traffic Offenders Act 1988 – Consolidate certain enactments relating to the prosecution and punishment of road traffic offences. Mechanically propelled includes propulsion by internal combustion engine, steam or electricity. A vehicle will remain mechanically propelled providing motive power can readily be applied or re-applied. The following examples are classed as MPVs: Motor car with no engine but where the possibility exists that the engine may soon be replaced Broken down vehicle which may be repaired A towed vehicle which could not be driven Stock cars, grass cutting vehicles, go-karts or a tank. In order for a vehicle to be “subsequently adapted”, an individual modifies by adding indicators, mirrors etc. to enable it to be registered for use on the road. A motor vehicle must have some form of engine for it to be mechanically propelled. All motor vehicles are MPVs but not all MPVs are motor vehicles. Recently there has been an increase in the use of vehicles such as mini moto’s, quad bikes and e-scooters, these are considered as MOTOR VEHICLES and as such subject to the requirements of being insured, driver /rider having an appropriate licence etc. LESSON 2.1 – DRIVING DOCUMENTS – INSURANCE 1st Party – Insurance Company 2nd Party – User of the Motor Vehicle 3rd Party – Person injured or whose property is damaged. Legal minimum requirement for insurance cover for motorists consists of insurance to cover 3rd party risks only. Section 143 of the RTA 1988 creates an offence for any person to use, or cause or permit the use of a motor vehicle on a road or other public place without a policy or insurance covering 3rd party risks being in force. Will not be convicted if the defence can prove: Vehicle did not belong to the driver AND Vehicle not hired to the driver AND Vehicle was being driven by them in the course of their employment AND Person neither knew nor had reason to believe that there was no insurance cover. Exemptions from Requiring Insurance: 1. Vehicles owned by the Crown 2. Local authority vehicles 3. Police authority vehicles 4. Vehicles owned by a person who has deposited £500,000 with the supreme court 5. Vehicle driven for police purposes by or under the direction of a PC Section 165 of the RTA 1988 – PC’s have the power to require the production of a Certificate of Insurance from any person who is driving a motor vehicle on a road or the officer has reasonable cause to believe the person has been the driver of a motor vehicle at a time when a collision occurred. Requirement to produce driving documentation is carried out through a Home Office/Road Traffic 1 (HO/RT1) procedure. HO/RT1 Procedure – Offence for a person lawfully required to produce their driving documents to fail to produce. However, recognised that many people do not carry them at all times. The documents must be produced within a period of 7 days beginning on the day after the requirement was made. LESSON 2.2 – DRIVING DOCUMENTS – REGISTRATION, EXCISE AND TEST CERTIFICATES On registration, the vehicle is issued with a registration mark and the owner with a registration document (V5C). When a vehicle is sold, the following obligations are placed with regard to completion of the V5C: The previous keeper writes the new keeper’s name and address in the “new keeper’s” section. The previous keeper sends the appropriate part to the DVLA. Both new and previous keeper sign and date the declaration section. FRONT REAR Excise Licence (Road Tax) – When a vehicle is used or kept on a public road, it must have an excise licence valid for 6 – 12 months. Section 29 of the Vehicle Excise and Registration Act 1994 – creates an offence for any person to keep or use a vehicle without a valid vehicle excise licence. Offender will be reported directly to DVLA. Trade Licences – Special vehicle licences issued to motor traders and vehicle testers. Car garages might have multiple. Motor Vehicles can only be used on a road if an M.O.T test has been conducted, passed and certificate has been issued for the vehicle. Section 47 of RTA 1988 creates an offence for any person to use, or cause or permit the use, of a motor vehicle on a road without a valid test certificate. All new vehicles require a test certificate 3 years after the first date of registration. If a vehicle has been used on a road prior to being registered, then it will be 3 years from manufacture date. LESSON 3 – DRIVING LICENCES Section 87 of RTA 1988 - Driving without a Licence – Offence to drive, or cause or permit another person to drive otherwise in accordance with a licence authorising them to drive a motor vehicle of that class. Provisional is green – Full is pink. Information found on most driving licences: Driver Number Electronic Endorsements (Recorded on PNC) Name and Address of Holder Type of Licence Entitlements Date of Issue / Expiry Moped – A motor vehicle that has fewer than four wheels and does not exceed 50cc and maximum speed does not exceed 30mph. To hold a provisional licence, must be a minimum of 16 years old, display L plates and not carry pillion passengers. Motorcycle – A mechanically propelled vehicle (not being an invalid carriage) with less than 4 wheels and not exceeding 410kg. To hold a provisional licence, must be a minimum of 17 years old, display L plates, not carry pillion passengers and not ride on a motorway. For a provisional car licence holder, must be a minimum of 17 years old, to drive the vehicle on a motorway, they must be supervised by an approved driving instructor AND the car fitted with dual controls. The supervisor MUST be at least 21 years old AND has held a full licence for a minimum of 3 years. Section 164 of RTA 1988 – Constable may require a person to produce their driving licence. A person is required to produce their driving licence for inspection when required to do so; or within 7 days after the day the production was required (HO/RT1 procedure). The driver MUST produce their licence and receipt personally to verify identity from the licence image. Section 103 of RTA 1988 – Disqualified Driving (Disco Driver) New drivers are subject to a “probationary period” of 2 years from the day they pass their test. 6 or more penalty points accumulated within this period and the licence will be revoked. LESSON 4 – DANGEROUS AND CARELESS DRIVING / CYCLING Section 2 of RTA 1988 – Dangerous Driving: “If a competent and careful driver would consider: That the driving falls far below his or her standards AND Would consider the driving to be dangerous; OR That the current state of the vehicle being driven is dangerous.” Dangerous refers to danger of either injury to any persons OR serious damage to property. Section 3 of RTA 1988 - Careless Driving: “An offence for any person to drive a mechanically propelled vehicle on a road or public place, without due care and attention; or without reasonable consideration for other people.” Road Traffic Act 1988 Statutory Homicides Section 1 Death by Dangerous Driving Section 2 Death by Careless or Inconsiderate Driving Section 3A Death by Careless driving whilst under the influence Section 3ZB Death whilst driving unlicenced, disqualified or uninsured Section 28 of RTA 1988 – Dangerous Cycling: A person is regarded as riding dangerously only if: The manner of their riding falls far below what would be expected of a competent and careful cyclist and It would be obvious to a competent and careful cyclist that riding in that manner would be dangerous. Section 29 of RTA 1988 – Careless Cycling: Creates an offence for any person to ride a cycle on a road without due care and attention or consideration for other road users. LESSON 5 – DUTY OF DRIVERS TO GIVE INFORMATION Section 172 of the RTA Act 1988 – Where a driver or rider of a vehicle (including a pedal cycle) is alleged to have committed a relevant offence, a PC is authorised by the Chief Constable in writing, require certain people to supply information as to the identity of the driver / rider at the time of the offence. The certain people required to give information are as the vehicle’s registered keeper or owner and any other person who may have this information. Any such person who fails to give information when required commits an offence. LESSON 6 – WARNING OF INTENDED PROSECUTION Section 1 of the Road Traffic Offenders Act 1998 states that when you are dealing with certain road traffic offences you are required to give notice to the offender that they may be prosecuted. This acts as an early warning to the offender. Road Traffic Act 1988 Section Offence Section 2 Dangerous Driving Section 3 Careless Driving Section 22 Dangerous Parking Section 28 Dangerous Cycling Section 29 Careless Cycling Section 35 Failing to comply with traffic directions Section 36 Failing to comply with traffic signs Road Traffic Regulations Act 1984 Section Offence Section 16 Ignoring temporary traffic prohibitions Section 17(4) Speeding on motorways Section 88(7) Driving below minimum speed limits Section 89 General speeding Can issue warning of intended prosecution verbally at time of offence: “You will be reported for a consideration of the question of prosecution under (state relevant Section and Act contravened).” If not warned at the time, the PF can comply with Section 1 of the Act by sending a written “Notice of Intended Prosecution” to the offender or registered keeper of the vehicle within 14 days. Can also serve copy complaints but this method is normally only used when a person is kept in custody to appear in court or released on an undertaking. LESSON 7.1 – COMMON ROAD POLICING OFFENCES PART 1 SEAT BELT LEGISLATION Whose Front Seat Rear Seat Responsible Driver YES N/A Driver Appropriate Appropriate Child under 3 years of age child restraint child restraint Driver must be worn must be worn Appropriate Appropriate Small child (Under 12 years and under 135cm) child restraint child restraint Driver must be worn must be worn Child (12 or 13 or over 135cm) YES YES Driver Passengers 14 years or over YES YES Passenger The following mnemonic relates to adult seat belt exemptions: L plates (supervisor overseeing a person performing a manoeuvre that includes reversing) Emergency vehicles Taxis (licensed and ONLY WITH PASSENGERS) Steering backwards (Reversing) Belts not available Show medical exemption cert A journey of no more than 50M (deliveries) Fault, mechanical testing Endangerment to person conducting driving test LESSON 7.2 – COMMON ROAD POLICING OFFENCES PART 2 All Police Scotland officers are authorised vehicle examiners as per Section 67 of the RTA 1988. Under Regulation 27 of the Road Vehicles (Construction and Use) Regulations 1986 it is an offence for pneumatic tyres to have any of the following defects: Unsuitable for use Not inflated Cut Lumps, bulges or tears Exposed ply or cord. Regulation 99 of the Road Vehicles (Construction and Use) Regulations 1986 states it is an offence for any person to cause or permit the warning instrument (horn) of a vehicle to be sounded if: The vehicle is stationary on the road Vehicle is on a restricted road (built-up area) between the hours of 23:00 – 07:00 The instrument consists of a bell, two-tone horn or siren as used by emergency services Daytime Hours – Half an hour before sunrise and half an