Crimes & Essential Elements

Question 1

Define Breach of the Peace

Answer 1

“a crime at common law and is constituted by one or more persons conducting himself or 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.”

Question 2

What are the Essential Elements for Breach of the Peace?

Answer 2

1. Breach of the Peace is a common law crime
2. It can be committed by one or a number of people
3. The conduct of the person or persons must be riotous or disorderly
4. The conduct must be severe enough to cause alarm to ordinary people AND threaten serious disturbance to the community

It can take place ANYWHERE but there must be a PUBLIC ELEMENT (either in a public place OR in a private place overheard by the public in a public place).
It must cause or threaten to cause alarm to at least one member of the public.

Question 3

How can you dispose of a Breach of the Peace or a S38?

Answer 3

• Power of arrest under Section 1 of Criminal Justice (Scotland) Act 2016.
• Warning
• Fixed Penalty Notice (ASB FPN) - only available for Breach of the Peace.
• Report for summons

Question 4

Define Threatening and Abusive Behaviour.

Answer 4

“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 the person 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.”

Question 5

What is the difference between Breach of the Peace and S38?

Answer 5

S38 can be committed against a single person and can be committed anywhere including a private dwelling. No public element necessary.

Question 6

Define “Assault”.

Answer 6

“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.”

Question 7

What are the essential elements of assault?

Answer 7

• there must be criminal intent (mens rea) and a criminal action (actus rea).

Question 8

What are the essential elements of Culpable and Reckless Conduct?

Answer 8

• culpable and reckless acts which cause injury to others or which create a risk of injury.
• the act must be more than a genuine and innocent accident, however careless.
• the reckless behaviour of the accused must show an utter disregard for the consequences.

Question 9

Define “Wasting Police Time”

Answer 9

“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.”

Question 10

What are the essential elements for Wasting Police Time?

Answer 10

• it is not essential that a particular person be named in the false statement
• it is essential that damage may be caused to the public interest by diverting police resources from normal duties to the needless investigation of the invented story.

Question 11

Define “Attempt to Pervert the Course of Justice”.

Answer 11

“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.”

Question 12

Define “Perjury”.

Answer 12

“A crime at common law, committed by any person who wilfully makes a false statement under oath or affirmation equivalent to oath.”

Question 13

What are the essential elements of Perjury?

Answer 13

1. Falsehood must be made under oath or affirmation in civil or criminal proceedings.
2. It must be proved to be false and that the accused knew it was false.
3. It must relate to evidence of fact. It is not perjury if due to faulty recollection or misunderstanding.
4. It must be direct and unequivocal.
5. It must be relevant to the point at issue. It is not perjury if the evidence is irrelevant or incompetent.

Question 14

Define “Subornation of Perjury”.

Answer 14

“Subornation of perjury is a crime at common law, committed by any person who counsels or induces, by any means, a person to give false testimony in judicial proceedings.”

Question 15

Define “Attempted Subornation of Perjury”.

Answer 15

“A crime at common law committed by any person who counsels or induces by any means, a person to give false testimony in judicial proceedings.”