Scottish Crime Recording Standard: Crime Recording and Counting Rules

Group 1 – Non-sexual Crimes of Violence

Crime Category SGJD Code

Abduction - 11/002

Antisocial Behaviour, Crime and Policing Act 2014, S122

• Forced Marriage - 11/009

Assault:

• Common Assault - 47/001
• Common Assault (Emergency Worker and Police) - 47/006
• Common Assault of Retail Worker - 47/012
• Drugging - 11/005
• Serious Assault (incl. Emergency Worker and Police) - 4/000
• Serious Assault of Retail Worker - 4/003

Attempted Murder - 2/000

Children and Young Persons (Scotland) Act 1937, S12

• Cruelty and Unnatural Treatment of Children - 8/001

Corporate Manslaughter and Corporate Homicide Act 2007, S1 - 3/006

Criminal Justice and Licensing (Scotland) Act 2010, S39

• Stalking - 47/009

Culpable Homicide - 3/001

Domestic Abuse (Scotland) Act 2018 - 11/012

- 11/013

Extortion - 7/000

Firearms Act 1968, S16-18 - 11/001

Health (Tobacco, Nicotine etc., Care) Scotland Act, S26 & S27

• Care Worker – Ill Treatment of Patients - 11/003

Human Trafficking and Exploitation (Scotland) Act 2015

• S1, Human Organ Offences - 11/011

Human Trafficking and Exploitation (Scotland) Act 2015

• S1 and S4, Slavery or Forced Labour - 11/010

Murder - 1/000

Road Traffic Act 1988, S1

• Causing Death by Dangerous Driving - 3/002

Road Traffic Act 1988, S2B

• Causing Death by Careless Driving - 3/004

Road Traffic Act 1988, S3A

• Causing Death by Careless Driving (where under the

influence of Drink or Drugs - 3/003

Road Traffic Act 1988, S3ZB

• Causing Death by Driving without a licence/insurance/

Disqualified driver - 3/005

Robbery and Assault with intent to Rob - 6/000

Threats - 7/000

11/002 - Abduction

General Rule

One crime for each identified victim

Definition

Abduction is the crime of carrying off, or confining, any person, forcibly, and without lawful authority.

Victim

Person abducted

Locus

Where crime takes place

Examples

Example 1

‘A’ abducts ‘B’, an adult, and takes them to a remote building where they are confined for a week and assaulted whilst there until ‘C’ pays a drugs debt.

- 1 x Abduction

- 1 x Assault (depending on injuries either common or serious assault recorded)

Example 2

‘A’ forces ‘B’, ‘C’ and ‘D’ into a bedroom at knifepoint and orders them not to leave or they will be stabbed.

- 3 x Abduction (possession of knife crime can be recorded if abduction occurred outwith the private residence, in a public place).

Example 3

‘A’ and ‘B’ are forced into a vehicle and held against their will with the vehicle thereafter being driven off.

- 2 x Abduction

Example 4

‘A’ is seriously assaulted whilst being forcibly dragged into a vehicle and carried off against their will.

- 1 x Abduction (the assault is considered to be part of the commission of the crime of abduction)

Example 5

A bus containing 20 people is hijacked.

- 20 x Abduction

Example 6

Three persons enter an unlocked dwelling armed with baseball bats. One rounds up the occupants and temporarily confines them to the kitchen area while the others ransack the house and steal property belonging to all occupants of the household. The confinement ends when the suspects leave the house with the stolen property. No person is injured.

- 1 x Robbery (against group of people) - if individuals had been threatened/assaulted and relieved of property from their person additional crimes of Robbery would be required. No requirement to record Abduction in these circumstances.

Example 7

During an argument 'A' assaults 'B' resulting in 'B' stating they are leaving the house. 'A' locks the door and refuses to allow them to leave. 'B' makes no effort to leave by any other means, is not unduly alarmed and goes to bed. On waking the next morning 'A' makes no attempt to confine 'B' within the house and 'B' leaves.

- 1 x Common Assault (no requirement to record Abduction unless there were circumstances which indicated the complainer had tried to continually leave by other means but was unable to, or was in fear as to what might happen to them should they attempt to leave/obtain assistance). An assessment should be made on a case by case basis as to whether an Abduction is appropriate.

Example 8

‘A’ is forced into a vehicle and taken to a house where they are assaulted resulting in serious injuries.

- 1 x Abduction

- 1 x Serious Assault

Note

The essential feature of the crime of Abduction is the deprivation of the victim’s personal freedom by either carrying them away against their will or confining them, so as long as the victim is unable to move from where you confine them it does not matter where they are confined to. Tying someone to a tree in a public park would be abduction as soon as the person is tied up and cannot get free as then they have been deprived of their liberty.

If whilst being confined, further crimes occur e.g. drugging, assault, rape, the additional relevant crime(s) must also be recorded.

Plagium

Stealing a child under the age of puberty, i.e. 12 years for females and 14 years for males. Although not commonly used, Plagium (or attempt) still applies in certain circumstances.

Children (Scotland) Act 1995 makes provisions for parental responsibilities. The 1995 Act makes changes from custody to residence orders and created a civil rather than criminal framework.

Abduction should be preferred in instances where force is used. The crime of Plagium should be used where a person (including a parent) has no parental rights/responsibilities and takes a (pre-pubescent) child who is willing to go.

Where the circumstances relate to the "Taking or sending a child out of the United Kingdom" without appropriate consent reference should be made to Section 6 of the Child Abduction Act 1984.

11/009 - Antisocial Behaviour, Crime and Policing Act 2014, Section 122 Forced Marriage

General Rule

One crime for each accused or group of accused if acting together.

Definition

Section 122 - Offence of Forced Marriage: Scotland

(1) A person commits an offence under the law of Scotland if he or she:

(a) uses violence, threats or any other form of coercion for the purpose of causing another person to enter into a marriage, and

(b) believes, or ought reasonably to believe, that the conduct may cause the other person to enter into the marriage without free and full consent.

(2) A person commits an offence under the law of Scotland if he or she:

(a) practices any form of deception with the intention of causing another person to leave the United Kingdom, and intends the other person to be subjected to conduct outside the United Kingdom that is an offence under subsection (1) or would be an offence under that subsection if the victim were in Scotland.

Victim

Person who suffers violence, threats or other coercion

Locus

Where violence, threats or coercion takes place

Examples

Example 1

Person is threatened on two occasions by telephone, on another two occasions in person, and is assaulted (minor injury) for the purpose of coercing them to enter into a marriage.

- 1 x Antisocial Behaviour, Crime and Policing Act 2014, S122, Forced Marriage

- 1 x Assault (with Common Assault offence modifier)

Note

Any crime of violence committed as part of a pattern of behaviour amounting to a Section 122 offence must be recorded separately in accordance with the General Rule for that crime type.

Assault – Common Assault

47/001 - Common Law

47/006 - Emergency Workers (Scotland) Act 2005, Sections 1, 2, 3 and 5

47/006 - Police and Fire Reform (Scotland) Act 2012, Section 90

47/012 - Protection of Workers (Retail and Age Restricted Goods and Services) (Scotland) Act 2021, Section 1

General Rule

One crime for each victim and where specific dates and/or loci are identified separate crimes to be recorded

Definition

Common Law

Every attack directed to take effect physically on the person of another is assault, whether or not actual injury is inflicted. There must be criminal intent: an accidental injury, even although caused by a mischievous act, does not amount to assault.

Emergency Workers (Scotland) Act 2005

Section 1

A person who assaults, obstructs or hinders another person acting in a capacity of an emergency services worker commits an offence (emergency services workers include members of the fire and ambulance services). For Section 1 to apply the locus does not require to be in a hospital. Section 5 applies to incidents in hospitals or hospital grounds.

Section 2

A person who assaults, obstructs or hinders another person acting in a capacity of an emergency worker who is responding to emergency circumstances commits an offence. (emergency workers include prison officers, member of coastguard, member of RNLI, medical practitioner, nurse, midwife, social worker, mental health officer, prisoner custody officer).

Section 3

A person who assaults, obstructs or hinders a person assisting an emergency worker commits an offence.

Section 5

A person who in a hospital or within its grounds assaults, obstructs or hinders another person acting in a capacity of an emergency worker commits an offence (emergency workers include medical practitioner, nurse, midwife and ambulance service personnel).

Police and Fire Reform (Scotland) Act 2012, Section 90

(1) It is an offence for a person to assault—

(a) a person (“A”) acting in a capacity mentioned in subsection (3), or

(b) a person assisting A while A is acting in such capacity.

(3) The capacities are—

(a) that of a constable,

(b) that of a member of police staff,

(c) that of a member of a relevant police force when such member is executing a warrant or is otherwise acting in Scotland by virtue of any enactment conferring powers on the member in Scotland,

(d) that of a person who—

(i) is a member of an international joint investigation team that is led by a person acting in a capacity mentioned in paragraph (a) or (c), and

(ii) is carrying out functions as a member of that team.

Protection of Workers (Retail and Age Restricted Goods and Services) (Scotland) Act 2021, Section 1

(1) It is an offence for a person to assault, threaten or abuse another person—

(a) who is a retail worker, and

(b) who is engaged, at the time, in retail work.

(2) No offence is committed under subsection (1) unless the person who assaults, threatens or abuses knows or ought to know that the other person—

(a) is a retail worker, and

(b) is engaged, at the time, in retail work.

Victim

Person who is assaulted

Locus

Where crime takes place

Common Law Examples

Example 1

‘A’ confirms having been assaulted but wishes no police involvement.

- 1 x Assault (with Uncooperative tag)

Example 2

'A' advises their friend 'B' has been assaulted, but unknown when or by whom. 'B' is extremely drunk and has a bruise on their face, but states that they fell and were not assaulted. ‘B’ refuses medical attention.

- Leave as incident, unless the officer believes on the balance of probability 'B' has been the victim of assault, in which case a crime report should be raised.

Example 3

Person reports to police that they have been assaulted on two specific occasions over the last two weeks resulting in minor injury. Dates provided.

- 2 x Assault (Common)

Example 4

‘A’ assaults ‘B’ on two separate occasions within an hour where there is a clear gap in time between the two assaults.

- 2 x Assault (Common)

Example 5

Person reports to police that they have been assaulted on four occasions over the last six months at the same locus. Dates are not known.

- 1 x Assault (Common)

Example 6

Person reports to police that they have been assaulted on four occasions over the last six months. Two assaults occurred at locus 1 and two occurred at locus 2. Dates are not known.

- 2 x Assault (Common) - one for each locus

Example 7

Two persons engage in a stand up fight where only minor injury is sustained by both parties and neither claim to have been assaulted.

- It is possible that the attending officer(s) may wish to warn both parties of their actions, using discretion, or dependent on circumstances and whether the public were present during the altercation they may wish to libel a Criminal Justice and Licensing (Scotland) Act 2010, S38 offence or Breach of the Peace against both parties.

Example 8

During a domestic incident 'A' is subjected to threatening and abusive behaviour and is assaulted by 'B'. There is a sufficiency of evidence to report 'B' for the threatening and abusive behaviour but insufficient to report for the Assault. No other conduct is disclosed.

- 1 x Assault (Common) - undetected

- 1 x Criminal Justice and Licensing (Scotland) Act 2010, S38, Threatening or Abusive Behaviour – detected

Example 9

During a domestic incident 'A' is subjected to threatening and abusive behaviour before being assaulted by 'B'. There is insufficient evidence to report 'B' for either crime. No other conduct is disclosed.

- 1 x Assault (Common) – undetected (since the threatening or abusive behaviour occurred either immediately before, during or after the assault this may be subsumed into the assault. Had there been a sufficiency of evidence to report 'B' only the assault should be recorded).

Example 10

‘A’ is assaulted by ‘B’ with a baseball bat in a public place causing minor injury.

- 1 x Assault (Common)

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S47 (1), Possession of an Offensive Weapon – used in crime

Example 11

‘A’ whilst walking along the road becomes aware of a sudden pain to their arm and on turning around sees ‘B’ aiming and firing what they think was a BB gun at them from the window of a passing vehicle. ‘A’ does not suffer any serious injury as a result of being struck and indications are they were struck with a pellet. The suspect is not traced and therefore the weapon not recovered.

- 1 x Assault (Common) – since it cannot be confirmed that it was a BB gun no weapon offence requires to be recorded.

Example 12

Persons walking in the street become aware of someone indiscriminately firing what they think is a BB gun out the window of a passing vehicle. One person reports having been struck on the leg resulting in only a red mark on their skin. The suspect is not traced and therefore the weapon not recovered.

- 1 x Culpable and Reckless Conduct – since it cannot be confirmed that it was a BB gun no weapon offence requires to be recorded.

Emergency Workers (Scotland) Act 2005 examples

Example 1

On being brought into hospital to receive treatment for an injury, the patient punches a nurse who is tending to their wound.

- 1 x Emergency Workers (Scotland) Act 2005, S5, Assault

Example 3

On being brought into hospital to receive treatment for an injury, ‘A’ punches a nurse, who is tending to ‘A’s’ wound. When the police arrive ‘A’ punches Officer 'B'. After being conveyed to the police office, ‘A’ punches Officer 'B' again.

- 1 x Emergency Workers (Scotland) Act 2005, S5, Assault

- 2 x Police and Fire Reform (Scotland) Act 2012, S90 (1) (a), Assault.

Example 4

Prison officer is assaulted by a prisoner while walking along corridor within prison. No serious injury caused.

- 1 x Assault (common). Emergency Workers (Scotland) Act 2005 does not apply as the prison officer was not responding to emergency circumstances at the time).

Example 5

A nurse walking along the corridor between wards, whilst on duty is assaulted. No serious injury caused.

- 1 x Emergency Workers (Scotland) Act 2005, S5, Assault

Example 6

A nurse at the GP clinic is assaulted by a patient attending to be treated for a minor ailment.

- 1 x Emergency Workers (Scotland) Act 2005, S1, Assault

Police and Fire Reform (Scotland) Act 2012, S90 examples

Example 1

Two police officers are assaulted by kicking and punching both to the head and body.

- 2 x Police and Fire Reform (Scotland) Act 2012, S90 (1) (a)

Example 2

On accused being placed within the rear of the police vehicle at Locus 1, ‘A’ kicks a police officer and then on being removed from the police vehicle to be taken into the custody suite at Locus 2 ‘A’ further kicks and spits on the same police officer.

- 2 x Police and Fire Reform (Scotland) Act 2012, S90 (1) (a) (two separate incidents with clear break between both).

Example 3

A visitor to a Police station assaults a member of Police Staff on duty within the public office.

- 1 x Police and Fire Reform (Scotland) Act 2012, S90 (1) (a)

Retail Workers Examples

Example 1

A retail worker is assaulted in the course of their employment and the offender either knew or ought to have known that the worker was acting in the course of their employment.

- 1 x Protection of Workers (Retail and Age Restricted Goods and Services) (Scotland) Act 2021, S1, Assault of Retail Worker

Example 2

A retail worker is assaulted, threatened and abused by reason of their employment where the assault was at least partly motivated by malice towards the worker by reason of their employment.

- 1 x Protection of Workers (Retail and Age Restricted Goods and Services) (Scotland) Act 2021, S1, Assault of Retail Worker (threatening or abusive behaviour is subsumed.

Example 3

Customer directs abusive and threatening comments at one retail worker and assaults another, whilst acting in the course of their employment.

- 1 x Protection of Workers (Retail and Age Restricted Goods and Services) (Scotland) Act 2021, S1, Threatening or Abusive Behaviour of Retail Worker

- 1 x Protection of Workers (Retail and Age Restricted Goods and Services) (Scotland) Act 2021, S1, Assault of Retail Worker

Note

There is a distinction between Common and Serious Assault, i.e. Serious Assault is dependent on injuries sustained and is recorded under separate SGJD codes.

In all cases where a crime of assault is recorded the exact nature of the injuries sustained by the victim must be made absolutely clear in the enquiry summary in order that a full assessment can be made regarding the accuracy of the crime classification. Full details of any medical treatment received and prognosis must be included. If no injury has been sustained by the victim this must also be confirmed.

It is not necessary, in order to constitute this crime, that the attack should take effect. To throw a stone at another person is assault, although the attacker’s aim is faulty or the stone is evaded.

• Where 'A' intends to assault 'B' and strikes 'C' instead, by the doctrine of transferred intent, he is guilty of assaulting 'C'. While 'B' is the intended victim, they would become a witness to the assault on 'C'.

Where a child has been assaulted, this should be recorded as a Common Law Assault and not under the Children and Young Persons (Scotland) Act 1937.

In circumstances when officers are dealing with suspected non-accidental injuries to children who are too young to give an accurate account of how these injuries occurred reliance is placed on the expert opinion of medical professionals. When an enquiry reaches the point where a medical professional confirms a non-accidental injury which cannot be accounted for and which appears, on the balance of probability, more serious than just the rough handling of a young child a crime of Assault categorised by the extent of injury should be recorded.

Hamesucken

Crimes formerly known as Hamesucken should be recorded as either Serious Assault or Common Assault depending on the seriousness of injury. The force used to gain entry to the dwelling is an aggravation of the assault if the assault occurs at the victim's home address, however, if the assault occurs elsewhere any damage caused to property in the process of gaining entry should be recorded as a separate crime.

Police and Fire Reform (Scotland) Act 2012

Police Staff – members of Police Staff are a capacity provided for in Police and Fire Reform (Scotland) Act 2012, Section 90(1) (a) by 90(3) (b) and any assaults on Police Staff should be recorded under this legislation. The member of Police Staff need only be performing their duty as a member of Police Staff and does not require to be assisting a constable at the time of the assault.

• Section 90(1) (b) – ‘person assisting’ should not be used for a police officer/police worker.

Emergency Workers (Scotland) Act 2005

The Emergency Workers (Scotland) Act 2005 does not affect the specific legislative protection of the police in performance of their functions under Section 90(1) of the Police and Fire Reform (Scotland) Act 2012. However, Section 1 of the Emergency Workers (Scotland) Act 2005 is a broader provision than Section 90(1). Case law has interpreted Section 90 as requiring a physical element to the assaulting, resisting, obstructing, molesting or hindering. Section 4 specifically makes it an offence to hinder or obstruct by other than physical means (for example, by the provision of false information). This situation is not covered by the 2012 Act.

Protection of Workers (Retail and Age Restricted Goods and Services) (Scotland) Act 2021

Meaning of “Retail Premises” - Retail premises includes all high-street shops, supermarkets, department stores, shopping centres, etc., and also includes pubs and bars (drinks counting as “goods”) and petrol stations (fuel also counting as “goods”). A vehicle used wholly or mainly as a shop (such as an ice-cream van) is likely to count as retail premises; but even where a vehicle does not count as retail premises (because it is used primarily to provide a transport service), a person selling goods on the vehicle (e.g. a member of train crew selling drinks from a trolley) would be doing retail work, and so would be protected under the Act.

Meaning of “Retail Worker” - Anyone whose usual place of work is retail premises counts as a retail worker while working in those premises. This includes when a person is working on land that forms part of those premises (for example, a supermarket worker collecting trolleys in the store car-park).

11/005 - Assault - Drugging

General Rule

One crime for each victim

Definition

This crime is committed when drugs are feloniously administered with intent to produce stupefaction.

There need be no further intent, and it is not necessary that any injury to the person be caused.

Victim

Person drugged

Locus

Where crime takes place (if locus unknown - the crime report should highlight that the exact locus cannot be established).

Examples

Example 1

‘A’ and ‘B’ out together claim to have had their drinks spiked with a drug. Urine tests confirm a ‘date rape’ drug present in their bodies.

- 2 x Assault (with Drugging offence modifier)

Example 2

‘A’ and ‘B’ report their drinks having been spiked and have provided reasonable explanations for reaching this conclusion.

- 2 x Assault (with Drugging offence modifier)

Example 3

‘A’ reports they think their drink was spiked a week ago due to memory loss after two drinks and waking up feeling unwell.

- 1 x Assault (with Drugging offence modifier)

Example 4

‘A’ is out with friends for a drink. ‘A’ wakes up the next day with memory loss of the previous night and an injury. Friends advise ‘A’ that they were foaming at the mouth and lost the ability to walk unaided. Medical professionals confirms the injury to be a needle puncture wound.

- 1 x Assault (with Drugging offence modifier)

Example 5

‘A’ is within a shop buying groceries when they feel a sharp pain. ‘A’ identifies ‘B’ nearby as a possible culprit, with CCTV evidence showing ‘B’ stabbing ‘A’ with a needle. No after affects are felt from this attack.

- 1 x Assault (with Common Assault offence modifier)

Note

Where a person reports information whereby they think or feel they were ‘drugged’ with no reference to a sexual act having taken place, and it is reasonable to conclude from the circumstances outlined this may be the case, a crime report will initially be recorded under the appropriate crime category. Whilst there may be uncertainty as to the validity of the report, a record to investigate approach should be taken.

There may be circumstances where Sexual Offences (Scotland) Act 2009, S11 (administering a substance for sexual purposes) will be applicable as opposed to a Drugging offence being recorded.

Assault

Serious Assault

4/000 - Serious Assault - Common Law

4/000 - Serious Assault - Emergency Workers Act 2005, Sections 1, 2, 3 and 5

4/000 - Serious Assault - Police and Fire Reform (Scotland) Act 2012, Section 90

4/003 - Serious Assault - Protection of Workers (Retail and Age Restricted Goods and Services) (Scotland) Act 2021, Section 1

General Rule

One crime for each victim

Definition

Every attack directed to take effect physically on the person of another is assault, whether or not actual injury is inflicted.

The injuries sustained determine whether the assault will be classed as Serious.

An assault or attack in which the victim sustains injury resulting in detention in hospital as an inpatient, for the treatment of that injury or, any of the following injuries whether or not detained in hospital,

• Fractures - fractures mean the breaking or cracking of a bone. Note: Nose is cartilage not bone so a ‘broken nose’ should not be classified as a Serious Assault unless it meets one of the other criteria.
• Internal injuries
• Severe concussion
• Lacerations requiring sutures, or equivalent, which may lead to impairment or disfigurement
• Any other injury which may lead to impairment or disfigurement

Note: The following are not included in the definition of serious assault:

• Detention in hospital as an inpatient, for observation only.
• Lacerations which are unlikely to lead to impairment or disfigurement.
• Loss of consciousness (if caused by strangulation see guidance in Attempted Murder section)
• A broken nose (note: a broken or cracked nose is classed as a common assault as the nose is made of cartilage and not bone)
• A broken tooth (note: the loss of a tooth/tooth replaced back in position should be classed as Serious Assault).
• Bruising or red marks

For the purpose of this definition disfigurement includes permanent scarring anywhere on the body, irrespective of whether the scarring might normally be covered by hair or clothing.

The term "sutures or equivalent" includes any surgical body tissue closure technique such as stitches, staples, glue. If a laceration is closed using such a technique there will be a presumption of resultant permanent scarring unless a medical practitioner confirms otherwise. If it is considered that a laceration requiring a skin closure technique does not amount to disfigurement the full rationale must be updated on the crime report together with details of the medical practitioner who confirms that the laceration is unlikely to lead to permanent scarring.

Breakage to nose cartilage where there are no complications will be recorded as common assault, however, if the breakage is to the bone at the top of the cartilage or further corrective surgery is required, a crime of Serious Assault will be recorded.

In circumstances where x-rays are not routinely carried out to determine full extent of injury such as the cracking of ribs, the confirmed diagnosis of any medical practitioner treating that injury is sufficient to confirm extent of injury.

Victim

Person assaulted

Locus

Where crime takes place

Examples

The following examples highlight the requirement to record a crime of Serious Assault based on the extent of injury. Care should be taken to ensure that the crime is recorded in accordance with either Common Law or the relevant legislation in place for the victim based on their employment.

Example 1

‘A’ is assaulted by ‘B’ with a baseball bat, resulting in them being detained in hospital for their injuries.

- 1 x Serious Assault

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S 47 for possession of an offensive weapon used in the commission of a crime if occurring in a public place, school (S49A) or prison (S49C).

Example 2

An ambulance worker is seriously assaulted by ‘A’ who they is treating for their injuries.

- 1 x Serious Assault (the crime report should identify the victim to be an emergency worker)

Example 3

‘A’ assaults ‘B’ and ‘C’, both on duty serving police officers, by punching them on the face. ‘B’ sustains a fractured cheek bone, while ‘C’ sustains a broken nose.

- 2 x Police and Fire Reform (S) Act, 2012 S90 (1) (a) – one for Serious Assault (fractured cheek bone) and one for Common Assault (broken nose)

Example 4

Two persons engage in a stand up fight in where one is seriously injured.

- 1 x Serious Assault. (If no person sustains serious injury recording Criminal Justice and Licensing (Scotland) Act 2010, S38 (Threatening or Abusive Behaviour) could be considered if it can be shown that persons were caused fear or alarm as a result of the conduct).

Example 5

'A' knowing that they have tested positive for HIV, has unprotected sexual intercourse with 'B' with the intention of infecting 'B', and 'B' becomes infected.

- 1 x Serious Assault

Example 6

‘A’ reports being assaulted on numerous occasions at the same locus by the same suspect and sustained injuries from one of the assaults which amounted to Serious Assault although specific dates of these attacks are not known.

- 1 x Serious Assault

- 1 x Common Assault (each is a different crime classification)

Example 7

'A' in the knowledge that they have tested positive for HIV has unprotected sexual intercourse with 'B' resulting in 'B' contracting the HIV virus.

- 1 x Culpable and Reckless Conduct (no evidence of intent to cause harm but evidence that indicates criminal recklessness).

Example 8

A pregnant female is kicked to the stomach during an assault resulting in a miscarriage. A doctor confirms the miscarriage was caused by the assault

- 1 x Serious Assault

Note

In all cases where a crime of assault is recorded the exact nature of the injuries sustained by the victim must be made absolutely clear in the enquiry summary in order that a full assessment can be made regarding the accuracy of the crime classification.

Full details of any medical treatment received and prognosis must be included. The lack of a medical update is not a valid reason to record a Common Assault instead of Serious Assault.

In circumstances where a victim of an Assault refuses medical treatment and the extent of injury cannot be confirmed the crime will be classed as Common Assault unless it is clear to the attending Police officers that any injuries sustained meet the definition of Serious Assault.

In circumstances where the aggressor is injured as a direct result of assaulting the victim e.g. breaks a finger when punching the victim, this should not be classed as a Serious Assault. Where the parties involved assault each other and it is unknown how serious injuries were caused then Serious Assault would be relevant.

Downgrading crimes of Serious Assault to Common Assault some considerable time down the line is not an acceptable practice. The definition states "may lead to impairment or disfigurement" which requires the crime to be recorded based on the assessment of the injury at the time of initial treatment. If a victim is revisited by Police at a later date and there is visual confirmation that the victim does not have a scar the crime should remain recorded as Serious Assault.

Hamesucken

Crimes formerly known as Hamesucken should be recorded as either serious assault or common assault depending on the seriousness of injury. The force used to gain entry to the dwelling is an aggravation of the assault if the assault occurs at the victim's home address, however, if the assault occurs elsewhere any damage caused to property in the process of gaining entry should be recorded as a separate crime.

Emergency Workers (Scotland) Act 2005

A serious assault on an emergency worker should be recorded as a crime under Emergency Workers (Scotland) Act 2005 under SGJD code 4/000.

The Emergency Workers (Scotland) Act 2005 does not affect the specific legislative protection of the police in performance of their functions under the Police and Fire Reform (Scotland) Act 2012, Section 90(1) (a). However, Section 1 of the Emergency Workers (Scotland) Act 2004 is a broader provision than Section 90(1) (a). Case law has interpreted Section 90 as requiring a physical element to the assaulting, resisting, obstructing, molesting or hindering. Section 4 specifically makes it an offence to hinder or obstruct by other than physical means (for example, by the provision of false information). This situation is not covered by the 2012 Act.

Police and Fire Reform (Scotland) Act 2012, Section 90

An assault on an on duty police officer or member of police staff should be recorded under the Police and Fire Reform (Scotland) Act 2012 Section 90(1) (b) – ‘person assisting’ should not be used for a police officer/police worker.

2/000 - Attempted Murder

General Rule

One crime for each identified victim

Definition

Attempting to kill without necessary cause. In order to constitute the crime, there must be either an intention to kill, or a wilful act so reckless as to show that the person who committed it was utterly regardless of the consequences.

Victim

Identified victim of intent

Locus

Where crime takes place

Examples

Example 1

Terrorists plant a bomb under a jeep containing 5 people. The bomb explodes killing 2, seriously injuring 2, and 1 escapes unharmed.

- 2 x Murder

- 3 x Attempted Murder

Example 2

‘A’ deliberately drives a car at speed at ‘B’ but also knocks down ‘C’ and ‘D’. ‘B’, ‘C’ and ‘D’ all survive.

- 3 x Attempted Murder

Example 3 A hotel is set on fire, 25 people escape uninjured.

- 1 x Fire-raising (or 25 x Attempted Murder, if there has been an intent to kill or harm everyone in the building e.g. by securing doors)

Example 4

Door providing only means of entry/exit to high rise flats barricaded and set on fire, all residents rescued with no injury.

- 1 x Attempted Murder for each identified victim

Example 5

'A’ presents a gun at 'B' and robs them of money. Before making off, 'A' shoots 'B' narrowly missing vital organs. 'A' survives.

- 1 x Robbery

- 1 x Attempted Murder (occurred after the Robbery)

- 1 x Firearms Act 1968, S17 (2) & (5) (possess firearm while committing offence in Schedule 2).

Example 6

'A’ presents a knife at 'B' demanding money. 'B' refuses and 'A' stabs 'B' several times to the abdomen and robs them of money.

- 1 x Robbery (Attempted Murder is subsumed as this is part of the Robbery)

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S47

or

- 1 x S49 (Possession of offensive weapon/bladed article used in commission of a crime if committed in a public place, school or prison).

Example 7

‘A’ threatens to kill 'B' and stabs them to the chest with a knife.

- 1 x Attempted Murder

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S47

or

- 1 x S49 (Possession of offensive weapon/bladed article used in commission of a crime if committed in a public place, school or prison). In most cases this will be recorded as Attempted Murder unless the stabbing was of so little force to penetrate the skin or the weapon used had a very small blade which could not cause a fatal injury.

Example 8

‘A’ threatens to kill 'B' and stabs them once to the arm in a public place with a knife causing a laceration requiring sutures.

- 1 x Serious Assault

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S47

or

- 1 x S49 (Possession of offensive weapon/bladed article used in commission of a crime if committed in a public place, school or prison). Despite the threat to kill, the stab wound is unlikely to present a threat to life and therefore unlikely to be recorded as an Attempted Murder unless there are extenuating circumstances present such as the knife being directed at a vital area and the victim evades the blow.

Note

Where there is intention on the part of the perpetrator to kill the victim, followed by the perpetration of a level of violence which points to the individual seeking to follow up that threat this will be recorded as Attempted Murder.

In circumstances where a victim is subject to strangulation the following must be considered before recording Attempted Murder:

• Did the attack represent a genuine threat to life.
• Did the victim lose consciousness.
• Did the attack stop following intervention by a third party.
• Did the assailant stop the attack.
• Was the attack brief or sustained.
• Is there significant bruising or neck injury to evidence the level of violence used.
• Was the attack perpetrated by a sustained two hand choking technique.
• In circumstances where a victim has been subject to a stabbing the following should be considered when deciding whether to record a crime of Attempted Murder:
• Size and type of weapon used.
• Degree of penetration.
• Damage caused to vital organs.
• Proximity of wound to vital organs.
• Was the attack frenzied or sustained.
• Level of force used.

In circumstances where a motor vehicle is driven at or towards a person the following should be considered when deciding whether to record a crime of Attempted Murder:

• Was this a deliberate act as opposed to an attempt to scare the victim?
• The manner in which the vehicle was being driven e.g. acceleration towards victim.
• What means of escape did the victim have and what evasive action was taken.
• Where the victim was in relation to the vehicle e.g. walking on pavement.
• Extent of injury (if any) sustained by the victim.

Where a violent act results in an injury which in the opinion of a medical practitioner presents a clear and unequivocal danger to life then this will be recorded as Attempted Murder. This will generally involve knife wounds to the throat, neck, vital organs and to the chest area.

Each case needs to be considered on its own merit and must be confirmed by a statement from a medical practitioner as to the extent of the injury. The rationale for this is that every injury, including relatively minor wounds might, if untreated, result in death and therefore the key element is that without immediate and urgent treatment death was a likely consequence.

Where there is no clear and unequivocal medical evidence to support the degree of injury it is still possible to record a violent act as Attempted Murder, however, the level of recklessness must be evidenced. Such scenarios might include strangulation to the point of unconsciousness even though there is no lasting injury, stab wounds to the abdomen and chest which miss vital organs or setting fire to premises with people within where little or no injury is sustained.

Where an initial crime has been recorded as Attempted Murder and the victim later dies as a result, the crime should be upgraded accordingly e.g. Murder, whether or not the report has been forwarded to the Procurator Fiscal.

If there is any dubiety as to the correct crime to record please consult your Crime Registrar.

8/001 - Children and Young Persons (Scotland) Act 1937, Section 12 Cruelty and Unnatural Treatment of Children

General Rule

One crime for each child and where specific dates and/or loci identified separate crimes to be recorded.

Definition

Section 12 (1) makes it an offence to wilfully ill-treat, neglect, abandon or expose a child in a manner likely to cause him unnecessary suffering or injury to health (including injury to or loss of sight, or hearing, or limb, or organ of the body, and any mental derangement).

12(2)(a) For the purposes of this section if a parent or other person legally liable to maintain a child or young person or the legal guardian of a child or young person shall be deemed to have neglected him in a manner likely to cause injury to his health if he has failed to provide adequate food, clothing, medical aid or lodging for him, or if, having been unable otherwise to provide such food, clothing, medical aid or lodging, he has failed to take steps to procure it to be provided under the enactments applicable in that behalf;

For persons presumed to have "custody, charge or care" of a child or young person:

Any person to whose charge a child or young person is committed by any person who has parental responsibilities in relation to him shall be presumed to have charge of the child or young person.

Victim

Child subjected to ill-treatment

Locus

Where crime takes place

Examples

Example 1

A parent leaves two children under 10 years old at home for 48 hours without adequate food or drink and with no responsible adult in charge.

- 2 x Children and Young Persons (Scotland) Act 1937, S12

Example 2

17 year old found within house drunk, asleep in bed and in charge of two children, aged 4 and 9 who are playing in the living room near to an open lit fire.

- 2 x Children and Young Persons (Scotland) Act 1937, Section 12

Example 3

‘A’ neglects their two pre-school children ‘B’ and ‘C’ who are found to be malnourished and sleeping in their own excrement.

- 2 x Children and Young Persons (Scotland) Act 1937, Section 12

Example 4

‘A’ abandons ‘B’, a 2 year old infant for an afternoon in a car in a supermarket car park on a warm day.

- 1 x Children and Young Persons (Scotland) Act 1937, Section 12

Example 5

Child minder leaves three young children alone in the house for several hours, resulting in one child becoming injured.

- 3 x Children and Young Persons (Scotland) Act 1937, Section 12

Example 6

‘A’ leaves their 8 year old child in bed asleep while going to the shops. On police attending at the house the child is found within, watching television, and there are no concerns around the conditions within the house. ‘A’ returns shortly after police arrival.

- The circumstances fail to meet the proof required for a S12 offence and a partner agency referral should be considered.

Example 7

A vehicle stopped by police finds the driver to be over the drink drive limit. There is a 4 year old child secured within the vehicle. There is nothing to suggest the driver was driving erratically or that the child was in any specific danger.

- 1 x Road Traffic Act 1988, S5 (should the driver’s erratic driving result in an accident or the erratic driving was such that there was a significant risk of an accident then this would be sufficient to evidence risk presented to the child and a S12 would be appropriate).

Example 8

A search of a dwelling recovers a cannabis production within a bedroom, also living within the house is a 7 year old child. There is a smell within the house of cannabis, however, other than this, the living conditions are of a good standard and the child appears in good health.

- Insufficient justification for recording a S12. Had the child been sleeping within the same room as the cannabis plants further information may determine whether a S12 would be relevant, e.g. a medical opinion sought as to any impact on the child, social work/school assessment as to whether a decline has been noticed in the child’s behaviour.

Note

Prior to 2003 assaults on children were covered by Section 12, however, all assaults on children will be recorded under common law including any assaults occurring prior to 2003.

The act of leaving a child alone and unsupervised is not, by itself, an offence nor is it enough to justify a prosecution under this legislation. We have to show specific risk to the child i.e. the likelihood of unnecessary suffering, before this can go ahead. 'What if' syndrome does not apply to these cases.

Proof - The courts have taken a very strict interpretation of this legislation. Essentially the crown is required to prove three things:

• That the accused ill-treated, abandoned, exposed or neglected the child;
• That this was done “wilfully”;
• That the neglect itself was “likely to cause him unnecessary suffering or injury to health”

“Ill-treatment, “Abandonment”, “Exposure” or “Neglect”:

There is no definition of “ill-treatment”, “abandonment” and “exposure” within the section and therefore those words are left to speak for themselves. However, the word “neglect” must be read together with Section 12(2) (a) which provides that, for the purposes of this section, certain conduct such as a failure to provide adequate food, clothing, medical care or lodging, is deemed to constitute neglect in such a manner as to cause suffering or injury.

Where the conduct falls within Section 12(2) (a), the standard to be applied is that of “adequacy”. Therefore, to cite but one example, should a parent or carer fail to provide a child with adequate food, he will be deemed to have neglected the child in a manner likely to prove injurious to the child’s health. Adequacy has to be tested by reference to what a reasonable parent would regard as being adequate, in the sense of being just sufficient or tolerable.

Where the conduct does not fall under that provided by Section 12(2) (a), the Crown must prove that the accused has failed to achieve the standard of proper care and attention which would be expected of the reasonable parent whether this is due to a deliberate decision or act or, alternatively, an omission to do what was required.

Where ‘A’ is found to be drunk and has sole responsibility of looking after a child, it must be shown that this would likely cause the child unnecessary suffering or injury to health e.g. if child required feeding, changed prior to ‘A’ becoming sober and was unable to do so.

In terms of recording a Section 12 offence the PF is the complainer and case outcomes have dictated the level of evidence required to determine an offence under Section 12 is relevant.

“Wilfully”

The offence is committed whether or not the parent intends to put the child at risk or foresees that the child might be put at risk.

“Likely to cause him unnecessary suffering or injury to health”:

The element that causes most difficulties evidentially is proof that the ill-treatment, abandonment, exposure or neglect was “likely to cause the child unnecessary suffering or injury”. This cannot be left subject to speculation. In the light of this strict interpretation of the statute, it is important to note that cases such as these are notoriously difficult to prove, particularly where there is no evidence of suffering or injury caused.

3/006 - Corporate Manslaughter and Corporate Homicide Act 2007, Section 1

General Rule

One crime for each person killed

Definition

(1) An organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised:

(a) causes a person’s death, and

(b) amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.

(2) The organisations to which this section applies are:

(a) a corporation;

(b) a department or other body listed in Schedule 1;

(c) a police force;

(d) a partnership, or a trade union or employers' association that is an employer.

(3) An organisation is guilty of an offence under this section only if the way in which its activities are managed or organised by its senior management is a substantial element in the breach referred to in subsection (1).

(4) For the purposes of this Act:

(a) “relevant duty of care” has the meaning given by section 2, read with sections 3 to 7;

(b) a breach of a duty of care by an organisation is a “gross” breach if the conduct alleged to amount to a breach of that duty falls far below what can reasonably be expected of the organisation in the circumstances;

(c) “senior management”, in relation to an organisation, means the persons who play significant roles in—

(i)the making of decisions about how the whole or a substantial part of its activities are to be managed or organised, or

(ii)the actual managing or organising of the whole or a substantial part of those activities.

(5) The offence under this section is called—

(a) corporate manslaughter, in so far as it is an offence under the law of England and Wales or Northern Ireland;

(b) corporate homicide, in so far as it is an offence under the law of Scotland.

(6) An organisation that is guilty of corporate manslaughter or corporate homicide is liable on conviction on indictment to a fine.

(7) The offence of corporate homicide is indictable only in the High Court of Justiciary.

Complainer

Procurator Fiscal

Victim

Deceased

Locus

Where crime takes place

Examples

Example 1

As managing director of a corporation, fail to adequately manage the repair and maintenance of a mobile elevated platform in a way that amounted to a gross breach of relevant duty of care causing the death of two people.

- 2 x Corporate Manslaughter and Corporate Homicide Act 2007, S1

Example 2

Following a Police and Health and Safety Executive investigation into the deaths of two workers on a building site, the foreman on the site is charged with Culpable Homicide and the building firm with Corporate Homicide.

- 2 x Culpable Homicide (for crime recording purposes in circumstances where both Culpable Homicide and Corporate Homicide exist and different persons/bodies are being held to account, recording the common law crime will take precedence.

Note

Offences of this type are determined by the Procurator Fiscal following consideration of presented evidence. This can on occasions take a considerable period of time which is outwith the control of Police. No offence should be recorded until a decision is made by the Procurator Fiscal.

47/009 - Criminal Justice and Licensing (Scotland) Act 2010, Section 39 Stalking

General Rule

One crime for each course of conduct

Definition

(1) A person (“A”) commits an offence, to be known as the offence of stalking, where A stalks another person (“B”).

(2) For the purposes of subsection (1), A stalks B where—

(a) A engages in a course of conduct,

(b) subsection (3) or (4) applies, and

(c) A's course of conduct causes B to suffer fear or alarm.

(3) This subsection applies where A engages in the course of conduct with the intention of causing B to suffer fear or alarm.

(4) This subsection applies where A knows, or ought in all the circumstances to have known, that engaging in the course of conduct would be likely to cause B to suffer fear or alarm.

(5) It is a defence for a person charged with an offence under this section to show that the course of conduct—

(a) was authorised by virtue of any enactment or rule of law,

(b) was engaged in for the purpose of preventing or detecting crime, or

(c) was, in the particular circumstances, reasonable.

(6) In this section “conduct” means—

(a) following B or any other person,

(b) contacting, or attempting to contact, B or any other person by any means,

(c) publishing any statement or other material—

(i)relating or purporting to relate to B or to any other person,

(ii)purporting to originate from B or from any other person,

(d) monitoring the use by B or by any other person of the internet, email or any other form of electronic communication,

(e) entering any premises,

(f) loitering in any place (whether public or private),

(g) interfering with any property in the possession of B or of any other person,

(h) giving anything to B or to any other person or leaving anything where it may be found by, given to or brought to the attention of B or any other person,

(i) watching or spying on B or any other person,

(j) acting in any other way that a reasonable person would expect would cause B to suffer fear or alarm, and “course of conduct” involves conduct on at least two occasions.

Victim

Person being targeted

Locus

Where crime takes place or, if the course of conduct includes multiple locations, the locus will be the victim’s home address

Examples

Example 1

A person reports being followed home each night from work by the same individual, over a one week period.

- 1 x Criminal Justice and Licensing (Scotland) Act 2010, S39, Stalking

Example 2

A person is followed around a shopping centre in Division 'A' on day 1 and on day 2 sees the same suspect standing near to their house in Division 'B' watching it for over an hour.

- 1 x Criminal Justice and Licensing (Scotland) Act 2010, S39, Stalking

Example 3

Person reports receiving unwanted telephone calls from the suspect on landline and mobile, the suspect hanging about outside their place of work, and being followed by the suspect at various locations.

- 1 x Criminal Justice and Licensing (Scotland) Act 2010, S39, Stalking (recorded at victim's home address).

Example 4

'A' reports that 'B' has: been waiting outside their place of employment and attempting to engage in conversation even though 'A' has requested 'B' to cease from this course of conduct; sent flowers to 'A' at their place of work; sent letters seeking to start a relationship. Circumstances now being report due to 'B' touching 'A's' breast at which point 'A' pushed 'B's' hand away and ran off.

- 1 x Criminal Justice and Licensing (Scotland) Act 2010, S39, Stalking

- 1 x Sexual Offences (Scotland) Act 2009, S3, Sexual Assault

(Where incidents on their own may not result in behaviour amounting to Section 38, or where the conduct is reported as a course of conduct which together may amount to a Section 39, there is no requirement to record each incident as a Section 38. Where a separate crime has occurred e.g. Assault, Sexual Crime or damage to property, then this should be recorded, even though considered as part of the course of conduct of the Section 39, Stalking).

Example 5

Victim reports being followed by the suspect, receiving unwanted text messages and the suspect loitering near their place of work on several occasions. A crime under Criminal Justice and Licensing (Scotland) Act 2010, S39, Stalking is recorded and the suspect charged and reported to the Procurator Fiscal. Prior to their court appearance the suspect subjects the victim to further abuse by telephone.

- No additional crime should be recorded. The circumstances of the new report form part of the course of conduct of Stalking and should be reported to the PF by memo. If bail conditions have been breached by contacting the victim a Breach of Bail should be recorded.

Example 6

Victim reports being followed by the suspect, receiving unwanted text messages and the suspect loitering near their place of work on several occasions. A crime under Criminal Justice and Licensing (Scotland) Act 2010, S39, Stalking is recorded, the suspect is reported to the PF and dealt with by a court. Two weeks after sentencing by the court the suspect follows the victim to their home address causing them fear and alarm.

- 1 x Criminal Justice and Licensing (Scotland) Act 2010, S38, Threatening or Abusive Behaviour (since the earlier course of conduct was dealt with by a court the report from the victim amounts to a single crime and would not amount to a new course of conduct unless it involved conduct on at least two occasions).

Example 7

Victim reports being followed by the suspect causing fear and alarm and a crime under Criminal Justice and Licensing (Scotland) Act 2010, S38, Threatening or Abusive Behaviour is recorded. While this crime is being investigated the victim receives a number of abusive telephone calls from the suspect and a separate crime under Communications Act 2003, S127 is recorded.

- This additional report combined with the earlier S38 offence elevates the behaviour to a course of conduct. The S38 offence should be reclassified to a crime of Criminal Justice and Licensing (Scotland) Act 2010, S39 Stalking and the recorded S127 updated to ‘No Crime’ with rationale that this is included within a course of conduct cross referenced to the earlier crime report.

Example 8

Victim reports receiving several abusive text messages and telephone calls from the same suspect.

- 1 x Communications Act 2003, S127 (non-sexual). (While the number of calls received amounts to a course of conduct this is adequately covered by Communications Act 2003 and under normal circumstances should not be considered as a crime of Stalking unless other criminal elements contribute towards the course of conduct. However it should be noted that the crime of Stalking provides for behaviour which may cause a particular individual fear or alarm which might not cause the average member of the public fear or alarm. Should a course of conduct which causes fear or alarm include communications of a benign nature which would not meet the provisions of Communications Act 2003, S127 a crime of Stalking should be considered).

Note

This offence was introduced on 13 December 2010.

All examples listed in this Section relate to circumstances which do not amount to domestic incidents. In circumstances where there is a course of conduct of domestic abuse all of which occurs after 1 April 2019 reference should be made to recording guidance listed under the Domestic Abuse (Scotland) Act 2018 pages. Any course of conduct of domestic abuse which occurred prior to 1 April 2019 will be recorded in line with legislation in place at the material time.

3/001 - Culpable Homicide

General Rule

One crime for each person killed

Definition

Culpable Homicide may be committed in the following 3 ways:

• Intentional Killing: where the death is intentionally caused in circumstances, which are neither murderous nor justifiable. Thus, death, inflicted in the heat of passion, immediately following severe provocation, or in such circumstances of self-defence as do not fully justify it, fall into this category.
• Unlawful Act: When it results from an unlawful act, although death was not intended or probable. A blow with a fist, deserting and exposing an infant, and throwing stones, are examples of acts which may be regarded as blamable, although the ensuing death could not reasonably have been expected.
• Negligence: It is also culpable homicide if death ensues, from undue negligence or carelessness in the performance of a lawful act or duty. Thus, a person discharging a firearm in a reckless manner, or a chemist carelessly selling poison in mistake for a medicine, would probably be held guilty of this crime if death were occasioned by gross negligence.

Complainer

Procurator Fiscal

Victim

Deceased

Locus

Where crime takes place (or if unknown where body is found)

Examples

No examples

Note

No examples have been provided as in the majority of occasions consultation with the Procurator Fiscal will take place before the decision is made as to the crime required to be recorded.

Domestic Abuse (Scotland) Act 2018, Section 1(1) Abusive behaviour towards partner or ex-partner

11/012 - Male victim

11/013 - Female victim

General Rule

One crime for each course of conduct per victim (see below)

Definition

Section 1 - Abusive behaviour towards partner or ex-partner

(1) A person commits an offence if:

(a) the person A engages in a course of behaviour which is abusive of A's partner or ex-partner B, and

(b) both of the further conditions are met

(2) The further conditions are:

(a) that a reasonable person would consider the course of behaviour to be likely to cause B to suffer physical or psychological harm,

(b) that either

(i) A intends by the course of behaviour to cause B to suffer physical or psychological harm, or

(ii) A is reckless as to whether the course of behaviour causes B to suffer physical or psychological harm.

(3) In the further conditions, the references to psychological harm include fear, alarm and distress.

Section 2 - What constitutes abusive behaviour

(1) Subsections (2) to (4) elaborate on Section 1(1) as to A's behaviour

(2) Behaviour which is abusive of B includes (in particular):

(a) behaviour directed at B that is violent, threatening or intimidating,

(b) behaviour directed at B, at a child of B or at another person that either:

(i) has as its purpose (or among its purposes) one or more of the relevant effects set out in subsection (3), or

(ii) would be considered by a reasonable person to be likely to have one or more of the relevant effects set out in subsection (3).

(3) The relevant effects are of:

(a) making B dependent on, or subordinate to, A

(b) isolating B from friends, relatives or other sources of support

(c) controlling, regulating or monitoring B's day-to-day activities

(d) depriving B of, or restricting B's, freedom of action

(e) frightening, humiliating, degrading or punishing B.

(4) In subsection (2):

(a) in paragraph (a), the reference to violent behaviour includes sexual violence as well as physical violence,

(b) in paragraph (b), the reference to a child is to a person who is under 18 years of age.

Section 5 - Aggravation in relation to a child

(1) This subsection applies where it is, in proceedings for an offence under

1(1)—

(a) specified in the complaint or libelled in the indictment that the offence is aggravated by reason of involving a child, and

(b) proved that the offence is so aggravated.

(2) The offence is so aggravated if, at any time in the commission of the offence—

(a) A directs behaviour at a child, or

(b) A makes use of a child in directing behaviour at B.

(3) The offence is so aggravated if a child sees or hears, or is present during, or an incident of behaviour that A directs at B as part of the course of behaviour.

(4) The offence is so aggravated if a reasonable person would consider the course of behaviour, or an incident of A’s behaviour that forms part of the course of behaviour, to be likely to adversely affect a child usually residing with A or B (or both).

(5) Evidence from a single source is sufficient to prove that the offence is so aggravated.

(11) In this section, the references to a child are to a person who—

(a) is not A or B, and

(b) is under 18 years of age.

Victim

Person subjected to abusive behaviour

Locus

Where crime takes place or if the course of conduct includes multiple locations consideration should be given for the location to be the locus of the first incident or the victim’s home address at the time of the offence. Additional crimes which are recorded but not reported by SPR will continue to be recorded in accordance with the locus rule for that crime type.

General points of note

Course of Behaviour

The Domestic Abuse (Scotland) Act 2018 (DASA), Section 1 offence won’t be appropriate for all domestic offending and existing common law and statutory offences will continue to be used where appropriate in the facts and circumstances of individual cases.

While a ‘course of behaviour’ is defined in the Act as involving behaviour on at least two occasions, it will not always be appropriate to use this offence simply because there have been two incidents. This is particularly so when the time period between incidents is lengthy, and more reflective of discrete abusive acts than a course of conduct, or where there have been two incidents within a very short space of time but no evidence that these incidents are part of a pattern or course of abusive behaviour.

The words “course of abusive behaviour” implies a unity of purpose behind the accused’s acting which makes it appropriate to treat several incidents as part of one course of conduct.

Each individual case will require to be considered on its own facts and circumstances and consideration must always be given to what is the most appropriate charge. Regard should be had to the overall circumstances and nature of the behaviour as well as the underlying dynamic, context, risk assessment information and the history and background of the relationship, any previous incidents and offending by the accused and any other relevant information, which might demonstrate a connection and underlying nexus between the behaviours, notwithstanding differences in the type of behaviours.

Where the offending constitutes a series of behaviours which can be characterised as separate and distinct offences as opposed to a pattern or course of behaviour, this is unlikely to meet the test of it being part of a course of conduct and consideration should be given to using other charges as opposed to a Section 1.

• Example - Where there are a small number of abusive incidents which have occurred over a short period of time e.g. repeated calls/texts over a period of three or four days and where there is no indication of an underlying dynamic or history of controlling or abusive behaviours within the relationship, it may be more appropriate to use a Communications Act 2003, S127 offence; conversely a DASA Section 1 charge will likely be appropriate even for two instances of abuse, where there is an underlying dynamic or history of controlling or abusive behaviours within the relationship, provided the statutory requirements of DASA are met.
• Example - Where there has been an incident of aggressive verbal abuse behaviour towards a complainer which is followed at a later time by an assault on the complainer, in the absence of a history of controlling and abusive behaviour and where these incidents are the only matters to be reported, it may be more appropriate to treat these as separate offences as opposed to a course of conduct and report them separately as a Criminal Justice and Licencing (Scotland) Act 2010, S38 and an Assault instead of a Domestic Abuse (Scotland) Act 2018, S1 offence.

Where offences have occurred after 1 April 2019, for the purposes of crime recording, in circumstances where there is a course of conduct of Abusive Behaviour which meets the above criteria and a sufficiency of evidence (two or more corroborated incidents) to report an offender, only the Section 1 Abusive Behaviour crime should be reported by SPR (see exceptions below).

Any other crime which has been recorded in accordance with Counting Rules as stipulated in General Rules below will remain recorded on crime systems but will not be included in the SPR. These additional crimes may be marked as detected (1) if corroborated within the course of conduct being reported or (2) if uncorroborated, there is sufficient underlying nexus that links them to the course of conduct being reported. The setup of crime recording systems in individual Police Scotland Divisions will determine how this process is managed.

Crimes occurring prior to 1 April 2019 will require to be evidenced separately.

The following crimes should not be included within the Section 1(1) offence and should instead be reported separately using existing statutory and common law charges. These crimes will require to be evidenced separately from the Section 1(1) course of conduct.

• Sexual Offences (Scotland) Act 2009, Section 1 - Rape (and attempted rape)
• Sexual Offences (Scotland) Act 2009, Section 2 - Sexual Assault by penetration (and attempted sexual assault by penetration)
• Murder
• Attempted Murder

For all other offending behaviour, where it appears part of a course of abusive behaviour and meets the statutory requirements of the Domestic Abuse (Scotland) Act, it should be reported within a DASA Section 1 charge rather than as a separate alternative charge.

Aggravation involving a child

For reporting purposes, in circumstances where it is specified in the complaint under Section 1(1) that the offence is aggravated by reason of involving a child an aggravation in relation to a child should be highlighted in the Police report. It should be noted that evidence from a single source is sufficient to prove that the offence is so aggravated.

In addition to the above any criminal conduct directed at a child should be recorded as a separate crime.

General Rules (relating to conduct occurring after 1 April 2019)

Single "one-off" incidents of abusive behaviour are not covered by this legislation and will continue to be recorded appropriate to the circumstances reported.

• In circumstances where the behaviour spans a time period before and after the introduction of the legislation appropriate crime(s) will be recorded to account for the period before the introduction of the legislation, provided that the conduct would have amounted to a crime at that time.
• In circumstances where a course of conduct is reported where there is insufficient evidence to report to the Procurator Fiscal (needs two or more corroborated incidents) an undetected Domestic Abuse offence will be recorded.
• In circumstances where there is a course of conduct of behaviour which constitutes a Domestic Abuse (Scotland) Act 2018, Section 1 offence which includes individual elements of conduct which would amount to Criminal Justice and Licensing (Scotland) Act 2010, Section 38 (Threatening or Abusive Behaviour), Section 39 (Stalking) or Communications Act 2003, Section 127, only the Domestic Abuse offence will be recorded to account for the course of conduct.
• The inclusion of conduct amounting to Criminal Justice and Licensing (Scotland) Act 2010, Section 39, Stalking within a Domestic Abuse (Scotland) Act 2018, Section 1 offence is dependent on there being a sufficient history of abusive behaviour to justify a Section 1 offence. If there is insufficient to justify a Section 1 offence but sufficient for Section 39, Stalking in terms of two or more incidents which cause fear or alarm a Section 39 offence should be recorded.
• Where there is a course of conduct of behaviour which includes crimes of assault, the crimes of assault will be recorded in accordance with existing SCRS rules in addition to the Domestic Abuse offence.
• Where there is a course of conduct of behaviour which amounts to crimes of assault only, the crimes of assault will be recorded in accordance with existing SCRS rules in addition to a Domestic Abuse offence.
• Where there is a course of conduct of behaviour which includes crimes of a sexual nature, the sexual crimes will be recorded in accordance with existing SCRS rules in addition to the Domestic Abuse offence.
• Where there is a course of conduct of behaviour which includes a Communications Act 2003, Section 127 offence of a sexual nature, this should be recorded in addition to any Domestic Abuse offence.
• Where there is a course of conduct of behaviour which amounts to crimes of a sexual nature only, the sexual crimes will be recorded in accordance with existing SCRS rules in addition to the Domestic Abuse offence.
• Where there is a course of conduct of behaviour which includes crimes of dishonesty, the crimes of dishonesty will be recorded in accordance with existing SCRS rules in addition to the Domestic Abuse offence.
• Where there is a course of conduct of behaviour which amounts to crimes of dishonesty only, the crimes of dishonesty will be recorded in accordance with existing SCRS rules in addition to the Domestic Abuse offence.
• Where there is a course of conduct of behaviour which includes crimes of damage to property, the crimes against property will be recorded in accordance with existing SCRS rules in addition to the Domestic Abuse offence.
• Where there is a course of conduct of behaviour which amounts to crimes of damage to property only, the crimes against property will be recorded in accordance with existing SCRS rules in addition to the Domestic Abuse offence.
• Reference to property above would exclude items deemed to be jointly owned as part of a relationship.

Other crimes which sit in isolation as crimes in their own right will continue to be recorded as that crime per existing SCRS rules but in circumstances where there is also a course of conduct of abusive behaviour the substantive crime and the Domestic Abuse offence will be recorded.

Examples

For the purpose of the following examples all conduct disclosed occurs after the introduction of Domestic Abuse (Scotland) Act 2018 on 1 April 2019. Where the example shows that an offence under Domestic Abuse (Scotland) Act 2018, Section 1 should be recorded it will need to be evidenced that this forms part of a pattern of abusive behaviour where there is a unity of purpose behind the accused’s actions. If a pattern of abusive behaviour cannot be evidenced then stand-alone crimes will be recorded excluding the Domestic Abuse offence.

Example 1

'A' and 'B' are ex-partners. 'B' reports being confronted by 'A' in the street and being shouted and sworn at. No other conduct is disclosed.

- 1 x Criminal Justice and Licensing (Scotland) Act 2010, S38, Threatening or Abusive Behaviour (single incident).

Example 2

'A' and 'B' are partners. 'B' reports being shouted and sworn at by 'A' immediately before being assaulted. No other conduct is disclosed.

- 1 x Assault (subsumes S38, Threatening or Abusive Behaviour) – single incident

Example 3

‘A' and 'B' are partners. 'B' reports being assaulted by 'A' on three occasions at their home address where the dates of these assaults are not known. No other conduct is disclosed.

- 1 x Domestic Abuse (Scotland) Act 2018, S1 (1)

- 1 x Assault (only one required as dates not known)

Example 4

'A' and 'B' are ex-partners. 'B' reports being subjected to abusive behaviour by 'A' on several occasions which includes two crimes of assault where the dates of these assaults are known.

- 1 x Domestic Abuse (Scotland) Act 2018, S1 (1)

- 2 x Assault (two required as dates are known)

Example 5

'A' and 'B' are partners. 'B' reports having been assaulted by 'A' on unknown dates on two occasions at separate locations and sexually assaulted on another occasion.

- 1 x Domestic Abuse (Scotland) Act 2018, S1 (1)

- 2 x Assault (dates unknown but crime required for each locus)

- 1 x Sexual Offences (Scotland) Act 2009, S3, Sexual Assault

Example 6

'A' and 'B' are ex-partners. 'B' reports receiving a threatening telephone call from 'A'. No other conduct is disclosed.

- 1 x Communications Act 2003, S127 (1) (single incident)

Example 7

'A' and 'B' are ex-partners. 'B' reports receiving several threatening telephone calls from 'A', 'A' loitering outside 'B’s' workplace and being followed by 'A'.

- 1 x Domestic Abuse (Scotland) Act 2018, S1 (1)

Example 8

'A' and 'B' are partners. 'B' reports that 'A' prevents 'B' from meeting up with friends, controls their finances and regularly humiliates then in public.

- 1 x Domestic Abuse (Scotland) Act 2018, S1 (1)

Example 9

'A' and 'B' are ex-partners. 'B' reports being followed by 'A', receiving abusive text messages and 'A' loitering near 'B’s' place of work on several occasions. A crime under Domestic Abuse (Scotland) Act 2018, Section 1(1) of Abusive Behaviour is recorded and 'A' is charged and reported to the Procurator Fiscal. Prior to their court appearance 'A' subjects ‘B’ to further abuse by telephone.

- 1 x Communications Act 2003, S127 (once initial report has gone to the Procurator Fiscal any additional conduct should be recorded separately and cross referred to the initial report).

Example 10

'A' and 'B' are ex-partners. 'B' reports being followed by 'A', receiving abusive text messages and 'A' loitering near 'B’s' workplace on several occasions. A crime under Domestic Abuse (Scotland) Act 2018, S1 (1) was recorded and reported to the Procurator Fiscal. Two days later ‘A’ attends at the home of 'B' and makes various threats which cause 'B' alarm.

- 1 x Criminal Justice and Licensing (Scotland) Act 2010, S38,Threatening or Abusive Behaviour (since the earlier course of conduct was reported to the Procurator Fiscal this new report from 'B' amounts to a single crime and would not amount to a new course of conduct unless it involved conduct on at least two occasions).

Example 11

'A' and 'B' are partners. 'B' has previously reported being threatened by 'A' and a crime under Criminal Justice and Licensing (Scotland) Act 2010, S38 Threatening or Abusive Behaviour is recorded. While this crime is being investigated 'B' received a number of abusive telephone calls from 'A'.

- This additional report combined with the earlier S38 could elevate the behaviour to a course of conduct. If a pattern of abusive behaviour can be evidenced the earlier recorded S38 should be updated to “No Crime” or reclassified (depending on local IT systems) to 1 x Domestic Abuse (Scotland) Act 2018, S1(1) to account for what is now a course of conduct. If any offence under Communications Act 2003, S127 was recorded for the abusive calls it should be updated to ‘No Crime’ with rationale that this is included within a course of conduct cross referenced to the earlier crime report. If a pattern of abusive behaviour cannot be evidenced an additional crime under Communications Act 2003, S127 should be recorded.

Example 12

'A' and 'B' are ex-partners. 'B' reports having been assaulted by 'A', having property stolen by 'A' and having property wilfully damaged by 'A'. Dates of these crimes are not known.

- 1 x Domestic Abuse (Scotland) Act 2018, S1 (1)

- 1 x Assault

- 1 x Theft

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S52 Vandalism

Example 13

‘A’ is released on Bail following a course of conduct amounting to Domestic Abuse (Scotland) Act 2018, S1 (1) against ‘B’. ‘A’ later contacts ‘B’ in breach of these conditions of bail. No other criminal conduct is disclosed.

- 1 x Criminal Procedure (Scotland) Act 1995, S27 Breach of Bail

Example 14

‘A’ is released on Bail following a course of conduct amounting to Domestic Abuse (Scotland) Act 2018, S1 (1) against ‘B’. ‘A’ later contacts ‘B’ and subjects them to threatening and abusive behaviour.

- 1 x Criminal Justice and Licensing (Scotland) Act 2010, S38, Threatening or Abusive Behaviour (with Bail aggravation)(since a course of conduct under S1(1) has already been reported to the Procurator Fiscal any additional conduct should be recorded separately and cross referred to the initial report).

Example 15

‘A’ is released on Bail following a course of conduct amounting to Domestic Abuse (Scotland) Act 2018, S1 (1) against ‘B’. ‘A’ later approaches ‘B’ and assaults them.

- 1 x Assault (with Bail aggravation)(since a course of conduct under Section 1(1) has already been reported to the Procurator Fiscal any additional conduct should be recorded separately and cross referred to the initial report).

The following examples involve conduct disclosed which occurs both pre and post introduction of Domestic Abuse (Scotland) Act 2018 on 1 April 2019.

Example 16

'A' and 'B' are partners. 'B' reports being assaulted by 'A' at their home address on date 1 (pre legislation) and on date 2 (post legislation).

- 2 x Assault (if both assaults had occurred after the introduction of Domestic Abuse (Scotland) Act 2018 an additional S1 (1) offence may be required.

Example 17

'A' and 'B' are ex-partners. 'B' reports being confronted by 'A' in the street and being shouted and sworn at on date 1 (pre legislation) and on date 2 (post legislation). 'B' also reports receiving abusive text messages from 'A' (post legislation).

- 1 x Criminal Justice and Licensing (Scotland) Act 2010, S38, Threatening or Abusive Behaviour (pre legislation)

- 1 x Domestic Abuse (Scotland) Act 2018, S1 (1), (post legislation)

- Note that conduct occurring prior to the introduction of Domestic Abuse (Scotland) Act 2018 cannot be included within a S1 (1) course of conduct.

Note

• All three conditions under Section 1 must be met for the offence to have been committed.
• A course of behaviour must involve behaviour on at least two occasions so single incidents of abuse are not covered but may be under other legislation.
• The commission of an offence under Section 1(1) does not depend on the course of behaviour actually causing B to suffer harm of the sort mentioned in section 1(2).
• Behaviour which is not "directed at" a person is not covered by this provision. This ensures that where e.g. a person has an affair with a third party, which may cause their partner to be humiliated, this does not directly fall within the scope of the offence.
• In circumstances where an accused who has been reported to the Procurator Fiscal for a course of conduct of Domestic Abuse commits a further crime against the same victim, this amounts to a separate crime and should not be included within the course of conduct already reported. Should more than one crime be committed this will amount to a second course of conduct.

If conditions of Bail/Undertaking etc. are breached where no criminality occurs, a breach of Bail/Undertaking etc. offence should be recorded. If a crime is committed while breaching these conditions the substantive crime will be recorded and the breach of the condition shown as an aggravation.

7/000 - Extortion

General Rule

One crime for each victim/business and continuity of action.

Definition

Extortion is the crime of obtaining money, or any other advantage by threats.

Victim

Person threatened

Locus

Where threat is made from (if known), otherwise where received.

Examples

Example 1

Shop owner being forced to pay monthly payments for ‘protection’ of their shop.

- 1 x Extortion

Example 2

Over a one week period an adult 'A' and an older child 'B' engage in consensual sexual conversation over social media.

At the end of the week each willingly sends naked images of themselves to the other party. 'B' then receives a message from 'A' threatening to circulate the naked images if 'B' does not send more naked images. 'B' takes more images and sends them to 'A'.

- 1 x Sexual Offences (Scotland) Act 2009, S34, Communicating indecently with an older child

- 1 x Sexual Offences (Scotland) Act 2009, S33, Causing an Older Child to look at a sexual image

- 1 x Abusive Behaviour and Sexual Harm (Scotland) Act 2019, S2, Threat to disclose an intimate image.

- 1 x Sexual Offences (Scotland) Act 2009, S4 Sexual Coercion (no consent)

'A' asks 'B' to remove their clothes which is viewed by 'A' over social media. 'B' then receives a message from 'A' showing them photos taken of them removing their clothing which 'B' was unaware had been taken. 'A' threatens to circulate the naked images if 'B' does not send more naked images. 'B' does not send any more images.

- 1 x Sexual Offences (Scotland) Act 2009, S34, Communicating indecently with an older child

- 1 x Sexual Offences (Scotland) Act 2009, S4, Sexual Coercion (if non-consensual otherwise S31)

- 1 x Sexual Offences (Scotland) Act 2009, S36, Voyeurism (in respect of the taking of images without consent).

- 1 x Abusive Behaviour and Sexual Harm (Scotland) Act 2019, S2, Threat to disclose an intimate image.

Example 3

While ‘A’ and ‘B’ (both adults) are in a relationship ‘B’ takes photographs of a sexual nature of ‘A’ which ‘A’ consents to. ‘A’ decides to end the relationship and ‘B’ threatens to circulate the photographs on the internet should A’ not continue to have sex with them. As a result, ‘A’ has sex with ‘B’ over a period of time at same locus (dates not specific) in fear that the photographs will be circulated.

- 1 x Abusive Behaviour and Sexual Harm (Scotland) Act 2016, S2, Threat to disclose an intimate image.

- 1 x Sexual Offences (Scotland) Act 2009, S1 Rape

Example 4

Two adults (‘A’ and ‘B’) engage in consensual sexual conversation over social media during which each willingly sends the other naked images of themselves. The following week 'A' receives a message from 'B' threatening to circulate the naked images if 'A' does not send money to a specified bank account. 'A' sends the money.

- 1 x Extortion (recorded where 'A' received the threat unless the location of 'B' can be established).

Example 5

'A' contacts 'B' on social media stating that they will disclose certain information from 'B’s' past unless 'B' performs a sexual act on webcam. 'B' complies and 'A' records the act outwith the knowledge of 'B'. 'A' later distributes the image of 'B' on social media.

- 1 x Extortion (which incorporates 'B' being caused to participate in a sexual act)

- 1 x Sexual Offences (Scotland) Act 2009, S9, Voyeurism (for recording the act)

- 1 x Abusive Behaviour and Sexual Harm (Scotland) Act 2016, S2 Distribute intimate image

Example 6

‘A’ downloads an app which allows them to communicate online. ‘A’ accepts a friend request where immediately ‘A’ is asked to send indecent images and if they did not do so, their broadband would be cut. Complainer blocked the suspect.

- 1 x Communications Act 2003, S127 (Sexual) – if no explicit communication content; Sexual Offences (Scotland) Act 2009, S7 would be applicable if explicit content (as the threat is not real and deliverable and the complainer does not think there is any real likelihood the threat would or could be carried out, an Attempt Extortion would not be applicable).

Example 7

‘A’ and ‘B’, both adults, engage in consensual sexual communication over social media during which ‘A’ asks ‘B’ for a naked image of themselves. ‘B’ agrees to provide a naked image to ‘A’ and shortly thereafter ‘A’ threatens to circulate the image unless ‘B’ send them money. No money is sent and the naked image is sent separately to two of ‘B’s contacts who are alarmed on viewing same.

- 1 x Attempted Extortion

- 1 x Abusive Behaviour and Sexual Harm (Scotland) Act 2016, Section 2 (Disclose intimate image) for distributing the intimate image

- 2 x Sexual Offences (Scotland) Act 2009, Section 6, Coercing a person to look at a sexual image (if this had been sent to both parties in one communication only 1 x Sexual Offences (Scotland) Act 2009, Section 6 would be required).

Note

The motive and the manner in which the threat is made are immaterial.

A distinction should be drawn from robbery where the threats must be at or immediately before the appropriation of property. Extortion is used where the threat is not immediate. It is immaterial whether or not the threat is carried out.

In circumstances where a physical sexual act has been carried out on a person as part of an Extortion, both the Extortion and the sexual conduct should be recorded.

With effect from 3 July 2017 if a threat involves the disclosure of intimate images Extortion should only be recorded if a demand is made for money or valuables, otherwise a crime under Abusive Behaviour and Sexual Harm (Scotland) Act 2016, Section 2 should be recorded.

11/001 - Firearms Act 1968, Sections 16 to 18

General Rule

One crime for each firearm

Definition

Section 16 – Possession of a Firearm with Intent to Injure

It is an offence for a person to have in his possession any firearm or ammunition with intent by means thereof to endanger life or cause serious injury to property, or to enable another person by means thereof to endanger life or cause serious injury to property, whether any injury to person or property has been caused or not.

Section 16A - Possession of a Firearm with intent to cause Fear of Violence

It is an offence for a person to have in his possession any firearm or imitation firearm with intent—

(a) by means thereof to cause, or

(b) to enable another person by means thereof to cause any person to believe that unlawful violence will be used against him or another person.

Section 17 – Use of a Firearm to Resist Arrest or Possess while Committing an Offence

(1) It is an offence for a person to make or attempt to make any use whatsoever of a firearm or imitation firearm with intent to resist or prevent the lawful arrest or detention of himself or another person.

(2) If a person, at the time of his committing or being arrested for an offence specified in Schedule 2 to this Act, has in his possession a firearm or imitation firearm, he shall be guilty of an offence under this subsection unless he shows that he had it in his possession for a lawful object.

Section 18 – Carrying a Firearm with Criminal Intent

(1) It is an offence for a person to have with him a firearm or imitation firearm with intent to commit any offence specified in Schedule 2 to this Act, or to resist arrest or prevent the arrest of another, in either case while he has the firearm or imitation firearm with him.

(2) In proceedings for an offence under this section proof that the accused had a firearm or imitation firearm with him and intended to commit an offence, or to resist or prevent arrest, is evidence that he intended to have it with him while doing so.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

‘A’ is found in possession of 2 loaded firearms with intent to endanger life.

- 2 x Firearms Act 1968, S16

Example 2

‘A’ is found in possession of 2 loaded guns and ‘B’ has 1 loaded gun, with intent to injure.

- 3 x Firearms Act 1968, S16

Example 3

Person enters a shop with a firearm and makes off with the shop takings.

- 1 x Robbery

- 1 x Firearms Act 1968, S17 (2) & (5) - Possess firearm while committing offence in Schedule 2 (see Notes)

Example 4

Person enters a taxi with a firearm, points the weapon at the driver and demands to be taken to a specified locus which the driver complies with.

- 1 x Abduction

- 1 x Firearms Act 1968, S17 (2) & (5) - Possess firearm while committing offence in Schedule 2 (see Notes)

Example 5

Person armed with a shotgun aims and fires the weapon at a moving motor vehicle which has one occupant.

- 1 x Attempted Murder

- 1 x Firearms Act 1968, S17 (2) & (5) - Possess firearm while committing offence in Schedule 2 (see Notes)

Note

In circumstances where a firearm is used in the commission of a crime only one crime under Sections 16, 17 or 18 will be recorded. If any crime under any of these Sections is recorded there is no requirement to record additional crimes under Sections 19 (Carrying Firearm in a public place) or 20 (Trespassing with firearm).

Schedule 2 - Offences to which Sections 17(2) and 18 apply in Scotland:

• Abduction.
• Administration of drugs with intent to enable or assist the commission of a crime.
• Assault.
• Housebreaking with intent to steal.
• Malicious mischief.
• Mobbing and rioting.
• Perverting the course of justice.
• Prison breaking and breaking into prison to rescue prisoners.
• Rape.
• Robbery.
• Theft.
• Use of threats with intent to extort money or property.
• Wilful fire raising and culpable and reckless fire raising.
• Offences against Section 57, Civic Government (Scotland) Act, 1982.
• Offences against Sections 2, 3 or 4, Explosive Substances Act, 1883.
• Offences against Section 178, Road Traffic Act, 1988.
• Offences against section 90 of the Police and Fire Reform (Scotland) Act 2012.

Section 16 and 16A offences are primarily for situations where no other offence has actually been committed (at the stage of intent only). This is to allow for an offence in circumstances where a person possesses a firearm with the intent of endangering life, cause serious injury to property, or cause any person to believe that unlawful violence will be used against him or another person. Sections 16 and 16A can be used in circumstances where the person is in possession and is not limited to “carrying” (as in Section 18 or 19) and there is evidence that they intend to do any of the restricted activities. Additionally, Sections 16 and 16A apply where they intend to enable another person to do any of the restricted activities (e.g. they are keeping a weapon to supply to someone else).

11/003 - Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016, Sections 26, 27 Care Workers – Ill Treatment of Patients

General Rule

One crime for each course of conduct identified against each victim

Definition

Section 26 - Care Worker

(1) An individual commits an offence if the individual—

(a) has the care of another individual by virtue of being a care worker, and

(b) Ill-treats or wilfully neglects that individual.

Section 27 - Care Provider Offence

(1) A care provider commits an offence if—

(a) an individual who has the care of another individual by virtue of being part of the care provider’s arrangements ill-treats or wilfully neglects that individual,

(b) the care provider’s activities are managed or organised in a way which amounts to a gross breach of a relevant duty of care owed by the care provider to the individual who is ill-treated or neglected, and

(c) in the absence of the breach, the ill-treatment or wilful neglect would not have occurred or would have been less likely to occur.

A "care worker" means:

• an employee who provides adult health care or adult social care,
• a volunteer who provides adult health care or adult social care,
• an individual who supervises or manages employees or volunteers providing adult health care or adult social care,
• a director or similar officer of an organisation whose employees or volunteers provide adult health care or adult social care.

An "employee" means:

• an individual in paid employment, whether under a contract of service or apprenticeship or under a contract for services.

A "volunteer" means:

• a volunteer for a body, other than a public or local authority, the activities of which are not carried on for profit.

A "care provider" means

• a body corporate, a partnership or an unincorporated association which provides or arranges for the provision of (i)adult health care, or (ii)adult social care
• an individual who provides that care and employs, or has otherwise made arrangements with, other persons to assist with the provision of that care.

"Adult health care" means

• a service for or in connection with the prevention, diagnosis or treatment of illness provided to an individual aged 18 or over: (a) under the health service continued under Section 1 of the National Health Service (Scotland) Act 1978 or (b) by persons providing an independent health care service mentioned in 10F(1) of that Act.

"Adult social care" means

• a service (a) in section 47(1) (a), (b), (d) or (m) of the Public Services Reform (Scotland) Act 2010 to the extent that the service is provided to an individual aged 18 or over, or (b) in Section 47(1) (g) or (j) of that Act to the extent that the service is provided to an individual aged 16 or over.

Victim

Person who has been ill-treated or neglected

Locus

Where crime takes place

Examples

Example 1

‘A’ provides unpaid care for ‘B’ at the home address of ‘B’ and enquiry establishes ‘A’ has ill- treated ‘B’ over a period of time, ‘A’ does not work for any organisation and is a family member.

- 1 x Cruel and Unnatural Treatment (Common Law)

Example 2

‘A’ works for a carer organisation and as part of their duties visits ‘B’ on a regular basis, as do other carers. Concerns by the family of ‘B’ result in a camera being placed within the house which shows ‘A’ ill-treating ‘B’ on a number of occasions, which includes binning food meant for ‘B’, logging on the record that food had been provided and eaten by ‘B’.

- 1 x Health (Tobacco, Nicotine etc. Care) (Scotland) Act 2016, S26

Example 3

Over the course of a week two care workers while acting together ill-treat a person for whom they have a responsibility of care.

- 1 x Health (Tobacco, Nicotine etc. Care) (Scotland) Act 2016, S26 (persons acting together)

Example 4

Over the course of a week two care workers two care workers acting independently of each other ill-treat a person for whom they have a responsibility of care.

- 2 x Health (Tobacco, Nicotine etc. Care) (Scotland) Act 2016, S26

Example 5

On three occasions over the course of a week a care worker ill-treats a person for whom they have a responsibility of care.

- 1 x Health (Tobacco, Nicotine etc. Care) (Scotland) Act 2016, S26

Example 6

Over the course of a week a care worker assaults and ill-treats a person for whom they have a responsibility of care (dates of assaults not known).

- 1 x Health (Tobacco, Nicotine etc. Care) (Scotland) Act 2016, S26

- 1 x Assault

Example 7

A care worker assaults a person for whom they have a responsibility of care on two occasions (dates of assaults known).

- 2 x Assault

11/010 - Human Trafficking and Exploitation (Scotland) Act 2015, Sections 1 and 4

General Rule

Section 1 – One crime for each accused (unless acting together).

Section 4 – One crime for each victim.

Definition

Section 1 - Offence of Human Trafficking

(1) A person commits an offence if the person—

(a) takes a relevant action, and

(b) does so with a view to another person being exploited.

(2) In this Part, “relevant action” means an action which is any of the following—

(a) the recruitment of another person,

(b) the transportation or transfer of another person,

(c) the harbouring or receiving of another person,

(d) the exchange or transfer of control over another person, or

(e) the arrangement or facilitation of any of the actions mentioned in paragraphs (a) to (d).

(3) It is irrelevant whether the other person consents to any part of the relevant action.

(4) For the purposes of subsection (1), a person takes a relevant action with a view to another person being exploited only if—

(a) the person intends to exploit the other person (in any part of the world) during or after the relevant action, or

(b) the person knows or ought to know the other person is likely to be exploited (in any part of the world) during or after the relevant action.

Section 4 - Slavery, servitude and forced or compulsory labour

(1) A person commits an offence if—

(a) the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is so held, or

(b) the person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform such labour.

Victim

Person subjected to human trafficking/forced labour

Locus

Where crime committed (if known), otherwise where crime reported. If same accused and victim and various locations are involved can be recorded as a course of conduct.

Crime Recording Principles

For crime recording purposes if a person has been trafficked for the purpose of prostitution or for being the victim of a sexual offence the following principles will apply:

Person trafficked for purpose of prostitution - record Human Trafficking offence only

Person trafficked for the purpose of prostitution and evidence of actual procurement - record Human Trafficking offence plus Criminal Law (Consolidation) (Scotland) Act 1995, S7 Procure

Person trafficked for the purpose of prostitution, procured and evidence of sexual offences - record Human Trafficking offence plus Criminal Law (Consolidation) (Scotland) Act 1995, S7, Procure and relevant offence(s) under Sexual Offences (Scotland) Act 2009.

Person trafficked for purpose of being a victim of a sexual offence where no sexual offence occurs - record Human Trafficking offence only

Person trafficked for purpose of being a victim of a sexual offence where sexual offences occur – record Human Trafficking offence plus relevant offences(s) under Sexual Offences (Scotland) Act 2009.

Examples

Example 1

Where an accused arranges for the transport around Scotland of women involved in prostitution including circumstances where they drive the women around themselves or employ someone else to drive them around.

- 1 x Human Trafficking and Exploitation (Scotland) Act 2015, S1

Example 2

Where an accused travels to another country to recruit individuals, promising them a better life and then arranges for them to return to Scotland to work in their business where they are exploited and made to work long hours, for little pay.

- 1 x Human Trafficking and Exploitation (Scotland) Act 2015, S1

Example 3

Where an accused picks up two individuals from the airport and looks after them at their home before telling them that they have to go out and commit acts of Shoplifting as a means of repaying them.

- 2 x Human Trafficking and Exploitation (Scotland) Act 2015, S1 (one crime for each victim)

Example 4

Where an accused arranges the flights and taxi for an individual who then travels to Scotland and is then threatened by the accused that they must tend a cannabis cultivation otherwise their family will be harmed.

- 1 x Human Trafficking and Exploitation (Scotland) Act 2015, S1

Example 5

'A' owes money in their own country and after being assaulted and threatened with further violence is advised that work could be arranged in the UK to pay off the debt. 'A' travels to UK on their own passport and on arrival in city ‘X’ in England is met by persons who confiscate 'A's' passport. 'A' is locked in a warehouse and taken to and from a place of employment where they work for 5 months receiving little pay. 'A' is later taken to various places of employment in cities ‘Y’ and ‘Z’ in England where they are subjected to similar working and living conditions. 'A' manages to escape to Scotland and reports the circumstances to Police.

- No crime to be recorded ('A' was not trafficked by persons in Scotland and no crime has occurred in Scotland. Consideration should be given to forwarding details to the relevant Force for recording and further enquiry.

Example 6

'A' on arrival in Scotland by clandestine means, not orchestrated in Scotland, seeks asylum. 'A' reports various crimes to Police all of which have occurred in countries outwith the UK.

- No crime to be recorded ('A' was not trafficked by persons in Scotland and no crime has occurred in Scotland).

Example 7

'A' attends at a Police Station in Division 'Z' and outlines circumstances indicating they have been trafficked into Scotland and forced to work for no pay. They have managed to escape, are unable to identify where they were held however can say they have walked for several hours before arriving at the Police Station. The assessment being that the locus may be within one of three Divisions.

- Record crime with a locus within Division 'Z'

Note

Crimes reported which occur within Scotland will be recorded in accordance with SCRS. Crimes which have occurred outwith Scotland will not be recorded.

In circumstances where the locus of a crime is unknown but is known to have occurred in the UK, the locus will be where it can reasonably be inferred to have occurred.

Where on the balance of probability the locus is within Scotland, however, an approximate locus cannot be identified the locus will be where the person has come to the attention of the relevant authorities.

A European Union directive has been ratified by the UK Government for the non-prosecution or non-criminalisation of persons where it can be shown that they were coerced or forced to commit crime through being a victim of trafficking. In these cases liaison with the area Procurator Fiscal will decide whether it is in the "public interest" to continue with the prosecution of a potential victim of trafficking.

Where a person is believed to have been coerced or forced to commit crime this does not negate the requirement to record the crime committed.

Example:

"A" is charged with a Theft by Shoplifting where the enquiry concludes that it is more than likely that they have been the victim of trafficking and the Procurator Fiscal has advised they will not prosecute.

- A crime of Theft by Shoplifting should be recorded and shown as detected (this meets the criteria of a "cleared up" crime due to reporting being considered as inappropriate in line with the EU directive and direction from the Procurator Fiscal).

The Asylum and Immigration (Treatment of Claimants) Act 2004, Section 4 was repealed by the Human Trafficking and Exploitation (Scotland) Act, 2015 in May, 2016.

11/011 - Human Trafficking and Exploitation (Scotland) Act 2015, Section 1 Human Organ Offences

General Rule

One crime for each victim

Definition

Section 1 - Offence of Human Trafficking

(1) A person commits an offence if the person—

(a) takes a relevant action, and

(b) does so with a view to another person being exploited.

(2) In this Part, “relevant action” means an action which is any of the following—

(a) the recruitment of another person,

(b) the transportation or transfer of another person,

(c) the harbouring or receiving of another person,

(d) the exchange or transfer of control over another person, or

(e) the arrangement or facilitation of any of the actions mentioned in paragraphs (a) to (d).

(3) It is irrelevant whether the other person consents to any part of the relevant action.

(4) For the purposes of subsection (1), a person takes a relevant action with a view to another person being exploited only if—

(a) the person intends to exploit the other person (in any part of the world) during or after the relevant action, or

(b) the person knows or ought to know the other person is likely to be exploited (in any part of the world) during or after the relevant action.

Victim

Person subjected to organ removal

Locus

Where offence committed (crime per location) if known, otherwise where reported.

Examples

No examples

1/000 - Murder

General Rule

One crime for each victim

Definition

Murder is committed when a human being is killed without a necessary cause. In order to constitute the crime, there must be either an intention to kill, or a wilful act so reckless as to show that the person who committed it was utterly regardless of the consequences.

Victim

Deceased

Complainer

Procurator Fiscal

Locus

Where crime takes place (or if unknown where body is found)

Examples

Example 1

‘A’ places a bomb in a public house and warns the police. The bomb explodes before full evacuation, killing ten people and wounding a further fifteen, with the remaining four people escaping unhurt.

- 10 x Murder

- 19 x Attempted Murder

Example 2

‘A’ robs a bank and deliberately shoots dead a cashier.

- 1 x Murder

- 1 x Robbery

- 1 x Firearms Act 1968, S17 (2) & (5) for possessing a firearm while committing an offence in Schedule 2

Example 3

‘A’ rapes ‘B’ and then causes their death by strangulation.

- 1 x Murder

- 1 x Sexual Offences (Scotland) Act 2009, S1 Rape

Example 4

‘A’ deliberately drives a car towards ‘B’, intending to kill them but also knocks down ‘C’ and ‘D’. ‘B’, ‘C’ and ‘D’ are killed.

- 3 x Murder

Example 5

Four persons are discovered murdered at the same address.

- 4 x Murder

Note

Suspicious deaths should remain recorded as an incident until it has been established through a post mortem examination or other evidence that a murder has occurred. Whenever it has been formally decided that the death is as a result of a crime then a crime report should be created.

3/002 - Road Traffic Act 1988, Section 1 Causing Death by Dangerous Driving

General Rule

One crime for each fatal collision

Definition

A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.

Complainer

Procurator Fiscal

Victim

Deceased

Locus

Where crime takes place

Examples

Example 1

‘A’ drives their car in a dangerous manner and collides with car driven by 'B' who is killed along with passengers 'C', 'D' and 'A's passenger 'E'.

- 1 x Road Traffic Act 1988, S1 Causing Death by Dangerous Driving

Example 2

‘A’ drives their car in a dangerous manner and collides with two vehicles driven by 'B' and 'C'. Both 'B' and 'C' are killed.

- 1 x Road Traffic Act 1988, S1 Causing Death by Dangerous Driving

Example 3

‘A’ drives their car in a dangerous manner and collides with car driven by 'B'. 'A' continues to drive in same manner and collides with car driven by 'C' half a mile away on same road. Both 'B' and 'C' are killed.

- 2 x Road Traffic Act 1988, S1 Causing Death by Dangerous Driving (plus other Road Traffic offences as appropriate)

Note

Offences of this type are determined by the Procurator Fiscal following consideration of presented evidence. This can on occasions take a considerable period of time which is outwith the control of Police. No offence should be recorded until a decision is made by Procurator Fiscal.

3/004 - Road Traffic Act 1988, Section 2B Causing Death by Careless Driving

General Rule

One crime for each fatal collision

Definition

A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.

Complainer

Procurator Fiscal

Victim

Deceased

Locus

Where crime takes place

Examples

Example 1

‘A’ drives their car in a careless manner and collides with car driven by 'B' who is killed along with passengers 'C', 'D' and 'A's passenger 'E'.

- 1 x Road Traffic Act 1988, S2B Causing Death by Careless Driving

Example 2

‘A’ drives their car in a careless manner and collides with two vehicles driven by 'B' and 'C'. Both 'B' and 'C' are killed.

- 1 x Road Traffic Act 1988, S2B Causing Death by Careless Driving

Example 3

‘A’ drives their car in a careless manner and collides with car driven by 'B'. 'A' continues to drive in same manner and collides with car driven by 'C' half a mile away on same road. Both 'B' and 'C' are killed.

- 2 x Road Traffic Act 1988, S2B Causing Death by Careless Driving (plus other Road Traffic offences as appropriate).

3/003 - Road Traffic Act 1988, Section 3A (1) Causing Death by Careless Driving where under the influence of drink or drugs

General Rule

One crime for each fatal collision

Definition

If a person causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, and

(a) he is, at the time when he is driving, unfit to drive through drink or drugs, or

(b) he has consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceeds the prescribed limit, or

(c) he is, within 18 hours after that time, required to provide a specimen in pursuance of Section 7 of this Act, but without reasonable excuse fails to provide it, or

(d) he is required by a constable to give his permission for a laboratory test of a specimen of blood taken from him under section 7A of this Act, but without reasonable excuse fails to do so,

(e) he is guilty of an offence.

Complainer

Procurator Fiscal

Victim

Deceased

Locus

Where crime takes place

Examples

Example 1

‘A’ drives their car in a careless manner and collides with a car driven by ‘B’ who is killed along with passengers ‘C’ and ‘D’. The proportion of alcohol in ‘A’ is found to exceed the prescribed limit.

- 1 x Road Traffic Act 1988, S3A Causing Death by Careless Driving where under the influence of drink or drugs (no requirement to record a separate offence for driving where under the influence of drink or drugs)

3/005 - Road Traffic Act 1988, Section 3ZB Illegal Driver/Disqualified/Unlicensed etc. involved in Fatal Collision

General Rule

One crime for each fatal collision

Definition

A person is guilty of an offence under this section if he causes the death of another person by driving a motor vehicle on a road and, at the time when he is driving, the circumstances are such that he is committing an offence under –

(a) Section 87(1) of Road Traffic Act 1988 (driving otherwise than in accordance with a licence),

(b) Section 103(1) (b) of Road Traffic Act 1988 (driving while disqualified), or

(c) Section 143 of Road Traffic Act 1988 (using motor vehicle while uninsured or unsecured against third party risks).

Complainer

Procurator Fiscal

Victim

Deceased

Locus

Where crime takes place

Examples

Example 1

‘A’ drives their car and collides with car driven by ‘B’ who is killed along with passengers ‘C’ and ‘D’. ‘A’ is found to be currently serving a driving ban and is uninsured.

- 1 x Road Traffic Act 1988, S3ZB Causing Death by Driving whilst Disqualified/No Insurance,

- 1 x Road Traffic Act 1988, S103 Driving whilst Disqualified

- 1 x Road Traffic Act 1988, S143 No Insurance

Note

Where a road death has occurred where the driver is found to be driving with no licence, whilst disqualified, or with no insurance there is a requirement to record separate offences under Road Traffic Act 1988, S87, S103 and S143 as appropriate.

6/000 - Robbery and Assault with intent to Rob

General Rule

One crime for each victim

Definition

When person(s) has/have been physically assaulted, or verbally threatened or weapons have been presented or used, in order to gain or attempt to gain property.

Victim

Person(s) robbed / attempted to be robbed

Locus

Where crime takes place or where instigated

Examples

Example 1

Person enters a shop in possession of a weapon and presents it at the members of staff and other customers and demands money, which is handed over by staff.

- 1 x Robbery

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S 47 or S49 (Possession of offensive weapon/bladed article used in commission of a crime if committed in a public place, school or prison).

Example 2

A person presents a weapon to ‘A’ and ‘B’, threatens violence, and robs ‘A’ of clothing and ‘B’ of money.

- 2 x Robbery

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S 47 or S49 (Possession of offensive weapon/bladed article used in commission of a crime if committed in a public place, school or prison).

Example 3

‘A’ punches and kicks ‘B’ demanding money. ‘B’ resists and fights off ‘A’. ‘A’ flees empty handed. ‘B’ has a fractured cheek bone.

- 1 x Assault with intent to Rob

Example 4

‘A’ enters bank, pointing a gun at the cashier, demands and receives money from the cash drawer then robs four persons in the bank of personal property.

- 5 x Robbery

- 1 x Firearms Act 1968, S17 (2) & (5) - Possess firearm while committing offence in Schedule 2

Example 5

Three persons enter unlocked dwelling armed with baseball bats. One rounds up the occupants and temporarily confines them to the kitchen area while the others ransack the house and steal property belonging to all occupants of the household. The confinement ends when the suspects leave the house with the stolen property. No person is injured.

- 1 x Robbery (against group of people - had individuals been threatened/assaulted and relieved of property from their person additional crimes of Robbery would be required. No requirement to record Abduction in these circumstances).

Example 6

'A’ presents a gun at 'B' and robs them of money. Before making off 'A' shoots 'B' narrowly missing vital organs. 'A' survives.

- 1 x Robbery

- 1 x Attempted Murder

- 1 x Firearms Act 1968, S17 (2) & (5) - Possess firearm while committing offence in Schedule 2.

Example 7

Masked and armed offenders enter a dwelling and:

(a) Threaten ‘A’ to obtain the keys to their car. ‘A’ refuses and is assaulted. ‘B’ is then threatened and produces the keys to the car which is subsequently stolen. ‘C’ is also in the house and is threatened, before jewellery ‘C’ is wearing is stolen.

- 1 x Assault with intend to Rob (A)

- 2 x Robbery (B and C)

(b) As above, but also ransack the house and steal property owned by all family members, but not in their possession.

- 3 x Robbery (1 for household items stolen, 2 for items being removed by violence from individual family members)

Example 8

Shop assistant is walking down the road on their way to the bank to lodge the shop takings. Suspect approaches them and threatens them with a knife. Person hands over the shop takings and the suspect also takes their handbag and contents.

- 1 x Robbery (shop owner is additional complainer who own the shop takings)

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S47 or S49 (Possession of offensive weapon/bladed article used in commission of a crime if committed in a public place, school or prison).

Example 9

‘A’ enters shop and threatens shop assistant with broken bottle, thereafter reaches behind counter and steals cigarettes owned by the shop and a mobile phone owned by the shop assistant.

- 1 x Robbery (the shop owners are the additional complainers for the cigarettes)

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S47 or S49 (Possession of offensive weapon/bladed article used in commission of a crime if committed in a public place, school or prison).

Example 10

'A' grabs handbag from shoulder of 'B', 'B' holds on to the straps pulling the handbag back towards them while 'A' continues to pull on the handbag. 'B' screams loudly and 'A' runs off without the handbag.

- 1 x Attempted Robbery (struggle is sufficient violence to justify recording Attempted Robbery)

Example 11

‘A’ is holding their mobile phone in their hand when 'B' snatches the phone from their hand and runs off.

- 1 x Theft

Example 12

‘A’ is holding their mobile phone in their hand when 'B' snatches the phone and runs off. 'A' runs after 'B' and is assaulted in an attempt to regain their mobile phone.

- 1 x Theft

- 1 x Assault (in this example the Theft is complete before the Assault occurs)

Example 13

While ‘A’ is being assaulted by 'B' their wallet falls out of their pocket.

(a) ‘B' stops the attack on seeing the wallet, picks up the wallet and runs off.

- 1 x Robbery (while there may not have been any dishonest intention on the part of 'B' when 'A' was first assaulted, 'B' formed this intention during the Assault and therefore Robbery applies).

(b) 'B' stops the attack and runs off, returns shortly thereafter, picking up the wallet from the ground and makes off.

- 1 x Assault

- 1 x Theft (the circumstances indicate the attack on 'A' was complete and the theft occurred as an afterthought).

Where it is unclear at which point property was stolen, when no other reason can be established for the assault, then Robbery must be recorded.

Example 14

‘A' deliberately knocks 'B' off their pedal cycle and while 'B' is lying on the ground 'A' makes off with the pedal cycle.

- 1 x Robbery

Example 15

'A' approaches 'B' late at night in a dark alley and is asked to hand over their mobile phone without any specific threat of violence being made. 'A' hands over their phone to 'B' who runs off.

- 1 x Robbery (In these circumstances a refusal to comply is likely to be met with violence so that the threat of it can be readily implied. The behaviour of the suspect has given rise to fear or alarm in the victim as to the consequences of refusing to comply)

Example 16

‘A’ and ‘B’ are partners who reside together. Whilst within their home ‘A’ assaults ‘B’. ‘A’ then forces mobile phone out of ‘B’s’ hand when ‘B’ tries to call police. The mobile phone does not leave the property and is returned to ‘B’ when the situation has calmed down.

- 1 x Assault (In circumstances which might otherwise amount to Robbery, in a domestic situation such as where a mobile phone is taken by force in the home for the sole purpose of preventing it’s owner from contacting police or for examining its contents, where the phone is returned to the owner a short time later never having left the home, it should be taken into consideration that taking possession of the phone for these or similar purposes amounts to behaviour of a controlling nature which may form part of a course of conduct of Domestic Abuse. If the mobile phone was not returned to the owner or was taken outwith the home this would amount to Robbery. This example is included as a guide only and each circumstance must be assessed on its own merit).

Example 17

‘A’ steals property belonging to ‘B’. ‘B’ later assaults ‘A’ and retrieves their property.

- 1 x Theft (against complainer ‘B’)

- 1 x Assault (against complainer ‘A’)

Note that whilst the property was obtained from ‘A’ following an act of violence this was not obtained feloniously since ‘B’ was the rightful owner.

Example 18

‘A’ attends at the home address of ‘B’, kicks the door, shouting and swearing demanding they answer the door. ‘B’ advises they are phoning the police at which point ‘A’ kicks the door open to find ‘B’ standing with a mobile phone in their hand. ‘A’ grabs hold of ‘B’ pulling the phone from their hand and leaves the locus with the phone.

- 1 x Criminal Justice and Licensing (Scotland) Act 2010, S38 (conduct was complete before the ‘robbery’ and nothing to indicate intent was to commit the ‘robbery’)

- 1 x Robbery

Note

Violence is an essential accompaniment of robbery but the violence may be constructive and need not take the form of actual physical assault. It is sufficient if the owner is compelled to submit to the appropriation of his property under fear of immediate personal injury. Thus, the mere display of force, whether by weapons, menaces or threats, reasonably calculated to intimidate and overawe, is violence within the meaning of the law.

Behaviour which alarms or intimidates an individual for the personal and immediate consequences of resistance or refusal is sufficient to amount to robbery.

If the violence consists of menaces only, the threat must be of present personal injury: the crime is not robbery if the threat is of some future evil which may possibly be averted.

The felonious appropriation of property, by violence or threats of violence within the victim’s home, or by a mob to the alarm of the lieges, is an aggravation of robbery.

If articles are moved from the position in which they are ordinarily placed, and the owner is either forcibly restrained or intimidated from interfering, the crime is robbery, although the articles are not taken out of the room or place where they are kept.

The appropriation of an article, by a sudden snatch or pull, constitutes robbery, when it is accomplished by personal violence.

If, during an assault, not perpetrated from any dishonest motive, the assailant forms the intent of appropriating the property of his victim and does so, or where violence is not intended by a thief, but results from the resistance put up by the owner endeavouring to retain his property, robbery is committed. It is not robbery for a thief, with the stolen property in his possession, forcibly to prevent the owner from regaining (recovering) it.

For ease of reference, where the thief is already in possession of the property and the complainer is assaulted when trying to regain their property, theft and assault is relevant. Where the complainer is trying to retain their property and is assaulted/threatened, Robbery is relevant.

If no other motive for committing an assault can be established, and property is taken, the default crime will be Robbery.

7/000 - Threats (common law)

General Rule

One crime for each victim and continuity of action or per incident (as appropriate)

Definition

Threats, whether verbal of written, are criminal if they menace some substantial injury to the recipient or to his property and the threat is perceived as real and deliverable.

Generally the crime of Threats should only be used on those occasions where there is a threat to life and there is tangible evidence or intelligence of an imminent or grave threat to life which is known to be real and deliverable in some way.

The most appropriate offence for almost all circumstances where the behaviour of an offender is threatening will be Criminal Justice and Licensing (Scotland) Act 2010, S38 – Threatening or Abusive Behaviour.

Applying this as the appropriate offence does not reduce the impact as the tariffs on conviction for an offender allow for appropriate disposal depending on the severity of the offence and overall impact on the victim.

Alternative Offence - Communications Act 2003, S127 – Send offensive/indecent/obscene/menacing message by public electronic communications.

Victim

Person threatened

Locus

Where threat was made from, if known, otherwise where received

Examples

Example 1

‘A’ receives two letters threatening their life over a drugs debt. The sender has an extensive history of violence and 'A' believes they are is more than capable of carrying out this threat.

- 1 x Threats

Example 2

Telephoning complainer and threatening to kill them and their children. The suspect has seriously assaulted the complainer on a previous occasion and it is believed they are more than capable of carrying out this threat.

- 1 x Threats (this should not be recorded under the Communications Act 2003, S127)

Example 3

Calling at house, threatening complainer or suspect will burn their house down. Complainer knows the suspect and does not believe they will see this threat through.

- 1 x Criminal Justice and Licensing (Scotland) Act 2010, S38 Threatening or Abusive Behaviour.

Example 4

‘A’ is the estranged partner of ‘B’. ‘A’ sends ‘B’ a letter saying they will kill ‘A’ and ‘C’, their 3 year old child, if ‘A’ does not give them weekly access to ‘C’. ‘A’ has seriously assaulted ‘B’ before and the threat is considered real.

- 1 x Threats (child was not recipient and is too young to identify whether threat is real and deliverable)

Example 5

Over a one month period ‘A’ receives a number of threats on their life from various members of their family, several members of which have extensive history of violence towards other family members.

- 1 x Threats (although received from various members of their family the circumstances indicate they are ‘acting together’). If no evidence of imminent or grave threat to life record as 1 x Criminal Justice and Licensing (Scotland) Act 2010, S38 Threatening or Abusive Behaviour.

Example 6

A celebrity receives three threatening letters from unknown sources threatening their life.

- 3 x Criminal Justice and Licensing (Scotland) Act 2010, S38 Threatening or Abusive Behaviour as it is not known whether these letters represent an imminent or grave threat to life.

• Note: Where the threat is contained in a letter (whether signed or not), the crime is complete when the letter is dispatched, even although it does not reach the person for whom it is intended.

- There is no requirement to wait for multiple calls to be made to prove a course of action. Where there is sufficient evidence to prove one call a crime record may be raised.