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Breach of the Peace
Definition
- A crime at common law
- constituted by one or more persons
- conducting himself or themselves in a riotous or disordelly manner
- to the alarm, annoyance or disturbance of the lieges
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Theft
Definition
Essential Elements (2)
- Crime at common law
- Theft is the taking and appropriating of property without the consent of it's rightful owner or other lawful authority
- * Dishonest intent to deprive owner
- * Appropriation to the thiefs use
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Fraud
Definition
Essential Elements (3)
No definition
- * Falsehood - false representation by words, writing or conduct
- * Fraud - intention to deceive or defraud
- * Wilfull imposition - sucessful to extent of gaining benefit or advantage
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Forgery and Uttering
Definition
- Forgery and Uttering
- is a crime at common law
- consists of making and publishing of a writing
- feloniously intended to represent and pass for the genuine writing of another person
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Robbery
Definition
- Robbery is a crime at common law and
- consists in the dishonest appropriation
- of property by means of violence or threatened violence
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Reset
Definition
Essential Elements (3)
- Reset is a crime at common law and is committed
- by a person who, with intent to deprive the owner recieves and
- keeps property in the knowledge it has been appropriated by
- theft, robbery, embezzlement or fraud
- * Felonious intent to deprive the owner
- * Guilty knowledge and not mere suspicion
- * Actual or constructive possession of property
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Malicious Mischief
Definition
- Malicious Mischief is a crime at common law and is the
- wilfull, wanton and malicious destruction of or damage to property of another
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Assault
Definition
Essential Elements (2)
- Assault is 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 incurred
- * There must be criminal intent
- * Accidental injury is not assault
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Section 57 Civic Government (Scotland) Act 1982
Being in a building, intending to commit theft
Definition
Power of arrest
- It is an offence
- for any person who without lawful authority to be there
- to be found in or on a building, or other premises whether enclosed or not
- or in it's curtilage
- or in a vehicle or vessel
- so that in all the circumstances it may be reasonably inferred that he intended to commit theft there
* A constable may, where in the interests of justice finds it necessary, arrest without warrant
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Section 58 Civic Government (Scotland) Act 1982
Convicted Thief in Possesion
Definition
Power of arrest
- creates an offence
- if a certain person
- who has or has recently had in his possesion any tool or other object
- from the possesion of which may reasonably be inferred that he has commited theft or intended to commit theft and
- is unable to demonstrate satisfactorily that his possesion of such tool or other object is or was not for the purposes of committing theft
- Certain person:
- 16 + years old
- 2 or more unspent convictions for theft
- Sentence/Spent After
- Fine : 5 years
- Jail <6 mths : 7 years
- Jail <30 mths : 10 years
- Jail >30 mths : Never
* A constable may, where in the interests of justice finds it necessary, arrest without warrant
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Section 60 Civic Government (Scotland) Act 1982
Powers of Search and Sseizure
Definition
Power of Arrest
- If a constable has reasonable grounds to suspect a person has stolen property in his possesion
- he may without warrant
search that person or anything in his possession and detain him for as long as is necessary for this search
enter and search any vehicle or vessel in which he suspects that the thing may be found - and for that purpose require person in control of the vehicle or vessel to stop and keep it stopped
- enter and search any premises occupied by a second hand dealer for the purpose of his business
- seize and detain anything found in the course of the search which appears to have been stolen or be evidence of the commission of theft
In exercising these powers the constable may use reasonable force
- * Any person who without reasonable excuse fails to allow a constable exercising his power under Section 60 to enter and search premises, vehicle or vessel, or seize and detain anything found during the search,
- fails to stop a vehicle or vessel and keep it stopped when required to do so by a constable under Section 60,
- obstructs a constable in the exercise of his powers under Section 60
- commits an offence
* A constable may, where in the interests of justice finds it necessary, arrest without warrant
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Road
Definition
- Any way (other than a waterway) over which there is public right of
- passage (by whatever means) and whether subject to a toll or not and
- includes,the roads verges and any bridges (whether permanent or temporary) over which,or tunnel through which, the road passes and any reference to a road includes parts thereof.
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Abettor
Any person who incites, instigates, encourages or counsels another to commit a crime
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Accessory
Anyone who aids the perpetrator with advice or assistance before or at the time of the crime or who acts in concert by watching whilst the crime is committed
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Attempt to pervert the course of justice
Is 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
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Ammunition
- Means any ammunition for any firearm and includes:
- grenades, bombs and other like missiles
- whether capable of use with a firearm or not
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Child
Any person who has not attained the age of 16 years or any person who has attained 16 years but not 18 years and there is a supervision order
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Contempt of Court
Intentional disrespect or an action against the courts authority
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Credible witness
A witness whose evidence is held by the court to be trustworthy no matter how bad the character of the witness may be
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Culpable and reckless Fireraising
Is committed when property is set on fire as a result of a reckless act by the accused
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Culpable Homicide
- Crime at Common Law
- committed by any person who unlawfully kills another person, where death is caused by improper conduct, but the guilt is less than murder
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Doctrine of Recent Possession (4)
- 1/ Property was stolen
- 2/ shortly after it was traced to the physical or constructive possession of the accused
- 3/ no reasonable explanation of such possession given
- 4/ There are other incriminating circumstances
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Domestic Abuse
Any form of physical, non physical or sexual abuse which takes place within the context of a close relationship, committed either in the home or elsewhere. In most cases the relationship will be between partners (married, co-habiting or otherwise) or ex-partners
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Driving
A person is held to be driving when they have control of the direction and speed of the vehicle
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Drug
Any chemical substance which affects the workings of the mind or body
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Controlled Container
A container of any description which is or was capable of holding any liquid and is made from material which, if the container were to be thrown or propelled at a person, could cause injury to that person
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Firearm
- A lethal barrelled weapon of any description from which any shot, bullet oo other missle can be discharged and
- includes any prohibited weapon whether lethal barrelled or not,
- any componemt part of such a lethal or prohibited weapon or
- any accessory designed or adapted to diminish sound or flash caused by firing the firearm.
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Motor Vehicle
Mechanically propelled vehicle intended or adapted for use on a road
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Murder
- CCL
- committed when a person kills another without necessary cause and where there is an intention to kill or a wilfull act so reckless as to show utter disregard for the consequences
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Offensive Weapon
Any article made or adapted for the use of causing injury to the person or intended by the person having it with them for such a use by either themselves or by some other person
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Passenger Service Vehicle (PSV)
A motor vehicle which is used for carying passengers for hire or reward and which is either adapted to carry 9 or more passengers or if adapted to carry 8 or less passengers is carrying tham at seperate fares in the course of a business of carrying passengers
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Perjury
- CCL
- Committed by any person who wilfully makes a false statement under oath or affirmation equivalent to oath
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Principal
person who actually commits the crime
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Public Place
Includes any place which at the material time which the public have access to, whether on payment or not
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Rape
- CCL
- carnal knowledge of a female by a male without her consent
- or with a girl under 12 even if willing
- or incapable through mental abnormality to give consent
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Reckless Discharge
- CCL
- any person to recklessly discharge a firearm, whether or not actual injury is caused
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Subornation of Perjury
- CCL
- any person who counsels or induces by any means, a person to give false testimony in jucidial proceedings
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Theft
- CCL
- taking and appropriating of property without the consent of the rightful owner or other lawful authority
- + Intent to deprive owner
- + feloniously appropriated
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Vandalism
S52 Criminal Law Consolidation Scotland Act 1995
wilfully or recklessly damage or destroy property belonging to another without reasonable excuse
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Warrant
- An authority in writing
- issued by a Magistrate (JOP or Sheriff) or other competent person
- directing police officers to take a course of action which might not otherwise be lawful
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Wilful Fireraising
person intentionally sets fire to any form of property
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