Definitions

Card Set Information

Author:
The_JinJ
ID:
3171
Filename:
Definitions
Updated:
2010-02-09 16:04:12
Tags:
legislation law
Folders:

Description:
Definitions
Show Answers:

Home > Flashcards > Print Preview

The flashcards below were created by user The_JinJ on FreezingBlue Flashcards. What would you like to do?


  1. 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
  2. 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
  3. 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
  4. 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
  5. Robbery
    Definition
    • Robbery is a crime at common law and
    • consists in the dishonest appropriation
    • of property by means of violence or threatened violence
  6. 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
  7. 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
  8. 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
  9. 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
  10. 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
  11. 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
  12. 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.
  13. Abettor
    Any person who incites, instigates, encourages or counsels another to commit a crime
  14. 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
  15. 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
  16. Ammunition
    • Means any ammunition for any firearm and includes:
    • grenades, bombs and other like missiles
    • whether capable of use with a firearm or not
  17. 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
  18. Contempt of Court
    Intentional disrespect or an action against the courts authority
  19. 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
  20. Culpable and reckless Fireraising
    Is committed when property is set on fire as a result of a reckless act by the accused
  21. 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
  22. 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
  23. 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
  24. Driving
    A person is held to be driving when they have control of the direction and speed of the vehicle
  25. Drug
    Any chemical substance which affects the workings of the mind or body
  26. 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
  27. 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.
  28. Motor Vehicle
    Mechanically propelled vehicle intended or adapted for use on a road
  29. 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
  30. 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
  31. 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
  32. Perjury
    • CCL
    • Committed by any person who wilfully makes a false statement under oath or affirmation equivalent to oath
  33. Principal
    person who actually commits the crime
  34. Public Place
    Includes any place which at the material time which the public have access to, whether on payment or not
  35. 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
  36. Reckless Discharge
    • CCL
    • any person to recklessly discharge a firearm, whether or not actual injury is caused
  37. Subornation of Perjury
    • CCL
    • any person who counsels or induces by any means, a person to give false testimony in jucidial proceedings
  38. Theft
    • CCL
    • taking and appropriating of property without the consent of the rightful owner or other lawful authority

    • + Intent to deprive owner
    • + feloniously appropriated
  39. Vandalism
    S52 Criminal Law Consolidation Scotland Act 1995
    wilfully or recklessly damage or destroy property belonging to another without reasonable excuse
  40. 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
  41. Wilful Fireraising
    person intentionally sets fire to any form of property

What would you like to do?

Home > Flashcards > Print Preview