Scottish Crime Recording Standard: Crime Recording and Counting Rules
Crime recording and counting rules for the Scottish Crime Recording Standard (SCRS). These are overseen, approved, maintained and developed by the Scottish Crime Recording Board (SCRB).
Group 4 – Damage and Reckless Behaviour
Crime Category - SGJD Code
Air Navigation Order 2016, A224, A225, A240, A241
- Endangering aircraft - 33/016
- Unauthorised operation - 33/010
Criminal Law (Consolidation) (Scotland) Act 1995, S52
- Vandalism - 33/012
Culpable and Reckless Conduct (not with firearms) - 4/001
- 33/011
Fire-raising (excluding Muirburn) - 32/001
Fire-raising (Muirburn) - 32/003
Laser Misuse (Vehicles) Act 2018 - 33/011
- 33/016
Malicious Mischief - 33/014
Reckless Conduct (with firearms) - 33/002
33/016 - Air Navigation Order 2016
Articles relating to endangerment of an aircraft
General Rule
One crime for each aircraft
Definition
Related offences under Air Navigation Order include:
A224 - Lights liable to endanger
A225 - Direct or shine a light to dazzle or distract the pilot of an aircraft in flight
A240 - Endanger aircraft
A241 - Endanger safety of any person or property
A241 (7) - Fail to ensure that the aircraft did not fly when the maintenance of that aircraft had not been performed
Complainer
Airline
Locus
Where crime takes place
Examples
Example 1
Over a period of 30 minutes a laser light is shone directly at three separate aircraft on approach to an airport.
- 3 x Laser Misuse (Vehicles) Act 2018, S1
Note
In circumstances where a laser beam is shone at an Aircraft or Air Traffic Services crimes should be recorded under Laser Misuse (Vehicles) Act 2018.
The offence under Article 225 of the Air Navigation Order 2016 to "Shine or direct a light at an aircraft which dazzles or distracts the pilot of the aircraft" should continue to be used where lights which are not lasers are shone at an aircraft. Any other conduct which endangers an aircraft should continue to be recorded under the appropriate Articles of the Air Navigation Order 2016.
33/010 - Computer Misuse Act 1990, Section 3 Unauthorised act impairing operation of computer incl. prevent or hinder access or program or data reliability
General Rule
One crime for each victim/organisation
Definition
Section 3
(1) A person is guilty of an offence if—
(a) he does any unauthorised act in relation to a computer;
(b) at the time when he does the act he knows that it is unauthorised; and
(c) either subsection (2) or subsection (3) below applies.
(2) this subsection applies if the person intends by doing the act –
(a) to impair the operation of any computer;
(b) to prevent or hinder access to any program or data held in any computer;
(c) to impair the operation of any such program or the reliability of any such data; or
(d) to enable an of the things mentioned in paras (a) to (c) above to be done.
(3) This subsection applies if the person is reckless as to whether the act will do any of those mentioned in paragraphs (a) to (d) of subsection (2) above.
Complainer/Victim
Person or organisation
Locus
Where crime takes place
Examples
Example 1
An employee has been sacked from their high profile job at ABC Media. Before they leave they sends an e-mail with a virus attached to everyone at ABC Media. The next day all of ABC Media’s employee’s computers have been infected.
- 1 x Computer Misuse Act 1990, S3 (ABC Media are the intended victim)
33/012 - Criminal Law (Consolidation) (Scotland) Act 1982, Section 52 Vandalism
General Rule
One crime for each victim
Definition
Section 52
It is an offence for person(s) to wilfully or recklessly destroy or damage the property of another person.
Complainer/Victim
Owner of property
Locus
Where crime takes place
Examples
Example 1
Entering open house, smashing furniture and spray painting walls, thereafter vandalising owner’s vehicle in driveway.
- 1 x Criminal Law (Consolidation) (Scotland Act 1995, S52 Vandalism
Example 2
Wilfully damaging four vehicles whilst parked within yard awaiting repairs, all owned by separate victims.
- 4 x Criminal Law (Consolidation) (Scotland Act 1995, S52 Vandalism
Example 3
Two vehicles, one owned by 'A' and one hired by 'A', have their windscreens smashed while parked in 'A's driveway overnight.
- 2 x Criminal Law (Consolidation) (Scotland Act 1995, S52 Vandalism (there are two victims, 'A' and the owner of the hired vehicle).
Example 4
Plants pulled out of garden and strewn across grass.
- 1 x Criminal Law (Consolidation) (Scotland Act 1995, S52 Vandalism (it is irrelevant whether the plants are perennial or not)
Example 5
Wilfully knocking coping stone from wall, smashing same.
- 1 x Criminal Law (Consolidation) (Scotland Act 1995, S52 Vandalism
Example 6
Witness reports youths seen smashing windows of a derelict building, owner of building cannot be traced.
- 1 x Criminal Law (Consolidation) (Scotland Act 1995, S52 Vandalism
Example 7
Door of school found to have been written on with permanent marker pen and paint on the door showing scorch marks as if someone had burned it with a cigarette lighter.
- 1 x Criminal Law (Consolidation) (Scotland Act 1995, S52 Vandalism (probable actions resulting in the damage have been part of the same incident. Scorch marks indicate there does not appear to have been any intention to/or likelihood of the property going on fire, therefore, reasonable to assume the purpose was to cause damage rather than to set fire).
Example 8
A school reports that over two separate weekends three windows and six windows respectively were damaged.
- 2 x Criminal Law (Consolidation) (Scotland Act 1995, S52 Vandalism (where the times/dates are unknown one crime would be sufficient).
Example 9
School subjected to vandalism on 6 separate identified occasions during school holidays by same suspect group of youths.
- 6 x Criminal Law (Consolidation) (Scotland Act 1995, S52 Vandalism
Example 10
Person causes disturbance within a flat placing occupants in a state of fear and alarm. During disturbance suspect deliberately breaks items of furniture.
- 1 x Criminal Law (Consolidation) (Scotland Act 1995, S52 Vandalism
- 1 x Criminal Justice and Licensing (Scotland) Act 2010, S38 (had the disturbance itself amounted to the breaking of the items of furniture a Vandalism only would be recorded).
Example 11
Overnight two vehicles parked in the driveway outside a private dwelling have their front windscreens smashed with stones. The vehicles are individually owned by the occupants of the dwelling ‘A’ and ‘B’.
- 2 x Criminal Law (Consolidation) (Scotland Act 1995, S52 Vandalism (‘A’ and ‘B’ are separate victims)
Note
In order to constitute a vandalism, damage must have occurred e.g. where eggs have been thrown against a wall, causing no damage, this is not a vandalism but an act of anti-social behaviour, whereas if eggs are thrown over a vehicle resulting in discolouration this is a vandalism.
Where the damage is minimal and there is no cost of repair this still constitutes a vandalism.
If a liquid substance can be cleaned off or removed at no cost and with little effort (e.g. bucket of soapy water) there is no requirement for a crime to be recorded. This does not include the use of specialist cleaning material which the complainer may have at home or the use of power tools to clean a substance off. If either are used a crime must be recorded.
In circumstances where a person damages property and also causes a disturbance where it can be shown that persons other than the owner of the damaged property have been placed in a state of fear or alarm both Section 38 and Vandalism should be recorded. If the alarm caused is only suffered by the owner of the damaged property only Vandalism should be recorded.
Where a number of anti-social behaviour incidents occur involving the same complainer, consideration should be given to recording a Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010, although this will depend on the circumstances of each report e.g. eggs thrown over vehicle and at house on numerous occasions, although may not constitute a vandalism if no damage, it may be considered that the escalation presents fear, alarm and annoyance.
This crime type can be dealt with by an ASB Fixed Penalty Notice.
Culpable and Reckless Conduct (not with firearms)
33/011 - Culpable and Reckless Conduct
4/001 - Causing Serious Injury by Culpable and Reckless Conduct
General Rule
One crime for each incident unless this involves a vehicle or train in which case a crime will be recorded for each vehicle or train
Definition
An act, which may or may not cause injury but shows an utter disregard of what the consequences of that act would be.
Complainer/Victim
Procurator Fiscal or named victim
Locus
Where crime takes place
Examples
Example 1
Person throwing stone at moving train, causing damage to window.
- 1 x Culpable and Reckless Conduct
Example 2
Person drops a bottle from a 15th floor flat into a public precinct.
- 1 x Culpable and Reckless Conduct
Example 3
Person throws a brick at a moving bus resulting in two persons within being injured.
- 1 x Culpable and Reckless Conduct
Example 4
Persons throw stones at two buses containing passengers, one travelling directly behind the other, resulting in their windows being damaged. Both buses are owned by the same company.
- 2 x Culpable and Reckless Conduct (one for each bus)
Example 5
A large stone is thrown from a walkway on to the roadway beneath and strikes three passing cars.
- 1 x Culpable and Reckless Conduct (while three vehicles are struck the throwing of the stone is a single reckless act).
Example 6
Person throws a bottle at a wall within a public house damaging a picture. No persons are in the vicinity of the broken glass.
- 1 x Criminal Law (Consolidation) (Scotland Act 1995, S52 Vandalism (if persons in the area were directly impacted by the conduct Culpable and Reckless Conduct would be relevant).
Example 7
'A' not knowing that they have the HIV virus has unprotected sexual intercourse with 'B'.
- Since 'A' did not know they were infected with the HIV virus there is no crime as evidence of knowledge of the infection is required before any recklessness can be established.
Example 8
'A' in the knowledge that they are infected with the HIV virus has unprotected sexual intercourse with 'B' resulting in 'B' contracting the HIV virus.
- 1 x Culpable and Reckless Conduct (there is no evidence of intent to cause harm but evidence that indicates criminal recklessness). Where there is evidence of intent to infect the crime is Serious Assault.
Example 9
Persons untie a number of boats in a harbour, damaging ropes and causing them to drift.
- 1 x Culpable and Reckless Conduct
Example 10
Person in police cell urinates and defecates, smearing same across walls and floors.
- 1 x Culpable and Reckless Conduct (takes into account the biological hazards involved in cleaning up the mess. If just deposited on the cell floor a crime of Vandalism should be recorded)
Example 11
Shopkeeper discovers that human or animal faeces have been smeared across their shop window.
- 1 x Culpable and Reckless Conduct (takes into account the biological hazards involved in cleaning up the mess).
Example 12
Before being searched by Police 'A' is asked if they have any sharp implements on their person and responds in the negative. On being searched an uncapped needle is found within 'A's' pocket resulting in an officer receiving a prick to the finger. On arrival in custody 'A' is again asked if they have any sharp implements and responds in the negative. On being searched an uncapped needle is found within their shoe and no person is injured on this occasion.
- 2 x Culpable and Reckless Conduct (one for each locus)
Note
Where there is no evidence of intent to cause harm but evidence that indicates criminal recklessness, culpable and reckless conduct should be recorded. With regard to damage to property, culpable and reckless conduct should be recorded where there is evidence of a wilful and/or recklessness which includes an element of endangerment e.g. throwing a brick at a moving vehicle.
This is not victim based as there is no requirement to have a victim, the actions of the person responsible dictates that the offence has been committed.
The Laser Misuse (Vehicles) Act 2018 should be used where a laser beam has been directed towards a vehicle (including aircraft). The Air Navigation Order 2016 (SGJD Code 33/016) should be used where a light, and not a laser, has been used which endangers an aircraft.
Where the act is of a serious nature, e.g. results in serious injury, this will be recorded as a Group 1 crime (SGJD Code 4/001 - Causing serious injury etc. by Culpable and Reckless Conduct). The extent of injury deemed to be "serious" will correspond to that defined as Serious Assault.
32/001 - Fire-raising (excluding Muirburn)
General Rule
One crime for each victim if multiple fires, or one crime per incident if single fire.
Definition
Wilful Fire-raising must include a definitive intention to set fire to the property.
Culpable and Reckless Fire-raising must include an act, which showed disregard as to the result.
Complainer/Victim
Owner of property
Locus
Where crime takes place
Examples
Example 1
Person climbs over fence of secure compound, sets fire to vehicle, and smashes window of digger.
- 1 x Fire-raising (vandalism subsumed)
Example 2
Person climbs into compound and wilfully sets fire to 2 vehicles, owned by the same company.
- 1 x Fire-raising
Example 3
Person sets fire to a vehicle which spreads to other vehicles parked alongside.
- 1 x Fire-raising (if there is nothing to suggest that the intention was to set fire to all vehicles). Single fire with multiple victims.
Example 4
Person sets fire to hotel, resulting in no one being injured and circumstances do not indicate there was any intention to kill the persons within.
- 1 x Fire-raising
Note
There are two distinct crimes of Fire-raising: Wilful and Culpable and Reckless. Both crimes can be committed in respect of any form of property.
In cases where a fire has been set, e.g. rubbish, where no damage to property occurs, there is no danger to the general public and there is no victim, a crime report will not be raised. All property damaged by being set on fire wilfully or maliciously should be regarded as Fire-raising e.g. litter bins, vehicles, buildings.
32/003 - Fire-raising (Muirburn)
General Rule
One crime for each incident
Definition
It is an offence for any landowner or tenant to set alight to his fields outwith the specified time period. This includes setting fire or burning any heath or muir.
Complainer
Procurator Fiscal
Locus
Where crime takes place
Examples
Example 1
Farmer sets fire to 2 of their fields outwith specified time period.
- 1 x Fire-raising (with Muirburn offence modifier)
Laser Misuse (Vehicles) Act 2018
33/011 - Vehicles other than aircraft
33/016 - Aircraft or Air Traffic Services
General Rule
One crime for each vehicle
Definition
Section 1
Offence of shining or directing a laser beam towards a vehicle
(1) A person commits an offence if—
(a) the person shines or directs a laser beam towards a vehicle which is moving or ready to move, and
(b) the laser beam dazzles or distracts, or is likely to dazzle or distract, a person with control of the vehicle.
Section 2
Offences relating to air traffic services
(1) A person commits an offence if—
(a) the person shines or directs a laser beam—
(i) towards an air traffic facility, or
(ii) towards a person providing air traffic services, and
(b) the laser beam dazzles or distracts, or is likely to dazzle or distract, a person providing air traffic services.
Section 3
Interpretations
In this Act—
“aircraft” means any vehicle used for travel by air;
“laser beam” means a beam of coherent light produced by a device of any kind;
“vehicle” means any vehicle used for travel by land, water or air;
“vessel” has the meaning given by section 255(1) of Merchant Shipping Act 1995
Complainer/Victim
Vehicle owner
Locus
Where crime takes place
Examples
Example 1
Over a period of 30 minutes a laser light is shone directly at three separate aircraft on approach to an airport.
- 3 x Laser Misuse (Vehicles) Act 2018, S1 (SGJD Code 33/016)
Note
It should be noted that the offence under Article 225 of the Air Navigation Order 2016 to "Shine or direct a light at an aircraft which dazzles or distracts the pilot of the aircraft" should continue to be used where lights which are not lasers are shone at an aircraft. Any other conduct which endangers an aircraft should continue to be recorded under the appropriate Articles of the Air Navigation Order 2016.
33/011 - Malicious Mischief
General Rule
One crime for each victim
Definition
Wilful, wanton and malicious destruction of, or damage to the property of another.
Complainer
Person whose property has been destroyed/damaged
Locus
Where crime takes place
Examples
Example 1
Person damages electricity supply resulting in 5 houses being affected.
- 1 x Malicious Mischief (due to the victim being the electricity company)
Note
Malicious Mischief should only be recorded where widespread damage is caused, where the value of the damage is considerable, or where there is disruption of power supply, flooding or similar. There is no specific monetary amount where Vandalism stops and Malicious Mischief takes over but any value of damage would require to be significant (several £000s) before a crime of Malicious Mischief is recorded.
In assessing value of damage, consideration with regard to reinstatement costs should be taken into account when determining the real cost of any damage caused.
Although this crime type can be disposed of by way of a Fixed Penalty Notice, each circumstance would have to be considered on its own merits.
33/002 - Reckless Conduct (with firearms)
General Rule
One crime for each incident
Definition
A reckless act involving a firearm, which may or may not cause injury but shows an utter disregard of what the consequences of that act would be.
Complainer
Procurator Fiscal
Locus
Where crime takes place
Examples
Example 1
Person firing shots with firearm within common stairway.
- 1 x Reckless Discharge of Firearm
Example 2
Whilst car is parked its rear windscreen is broken by a pellet fired from an air gun. No persons within vehicle at the time.
- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S52 Vandalism (no evidence that persons were endangered by this action).
Example 3
Whilst car is being driven its rear windscreen is broken by a pellet fired from an air gun.
- 1 x Reckless Discharge of Firearm
Note
The essence of this crime is the wanton disregard for the safety of others e.g. firing a firearm into an inhabited building recklessly discharging a firearm in the street.
Contact
Email: Justice_Analysts@gov.scot
There is a problem
Thanks for your feedback