Publication - Factsheet

Scottish Crime Recording Standard: Crime Recording and Counting Rules

Published: 31 October 2023
From: Cabinet Secretary for Justice and Home Affairs, +1 more … Director of Safer Communities
Directorate: Justice Directorate, +1 more … Safer Communities Directorate
Topic: Law and order
ISBN: 9781805259022

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).

Supporting documents

Group 5 – Crimes against Society

Crime Category - SGJD Code

Anti-social Behaviour etc. (Scotland) Act 2004, S9

- Breach of Anti-social Behaviour Order - 39/014

Conspiracy - 40/000

Contempt of Court - 39/001

Criminal Justice Act 1988, S141 (1A)

Prohibition on possession of offensive weapons in a private place

Used in crime - 43/018
Not used in crime - 43/020

Criminal Justice and Licensing (Scotland) Act 2010, - 40/001

S28, S30, S31 - Offences relating to Serious Organised Crime

Criminal Justice (Scotland) Act 2016, Sch 1-1(1)

Breach of Undertaking or Investigative Liberty Conditions - 39/002

Criminal Law (Consolidation) (Scotland) Act 1995,

Possession of an Offensive Weapon (where not used in commission of a crime)

S47 (1) Public Place - 43/001
S49A (2) School Premises - 43/006
S49C (1) (a) In Prison - 43/007

Criminal Law (Consolidation) (Scotland) Act 1995,

Possession of an Offensive Weapon (where used in commission of a crime)

S47 (1) Public Place - 43/009
S49A (2) School Premises - 43/011
S49C (1) (a) In Prison - 43/013

Criminal Law (Consolidation) (Scotland) Act 1995,

Having an article with a blade or point (where not used in commission of a crime)

S49 (1) Public Place - 43/003
S49A (1) School Premises - 43/004
S49C (1) (b) In Prison - 43/008

Criminal Law (Consolidation) (Scotland) Act 1995,

Having an article with a blade or point (where used in commission of a crime)

S47 (1) Public Place - 43/010
S49A (2) School Premises - 43/012
S49C (1) (a) In Prison - 43/014

Criminal Law (Consolidation) (Scotland) Act 1995, S48

Obstructing or concealing weapons - 38/013

Criminal Procedure (Scotland) Act 1995, S13 (6)

Failing to give name or to remain with a constable - 38/011

Criminal Procedure (Scotland) Act 1995, S27 (1) (a) - 39/005

Failing to appear for trial having been given court bail

Criminal Procedure (Scotland) Act 1995, S27 (1) (b)

Bail offences - 39/007

Criminal Procedure (Scotland) Act 1995, S234A

Breach of Non-harassment Order (criminal court) - 39/012

Customs and Excise Management Act 1979, S50, S170

Illegal importation of drugs - 44/001

Defeat/Pervert the Course/Ends of Justice - 38/017

Domestic Abuse (Scotland) Act 2011, S2 (2)

Breach of Domestic Abuse Interdict - 39/021

Emergency Workers Act 2005, S1, S2, S3, S5

Obstruct/Hinder other Emergency Worker - 35/005

Explosive Substances Act 1883, S3

Attempt to cause explosion - 37/001

False Accusation - 38/004

Misuse of Drugs Act 1971

Bring Drugs into Prison - 44/006
Importation - 44/001
Other offences - 44/099
Possession - 44/004
Production, Manufacture and Cultivation - 44/002
Supply - 44/003
Miscellaneous examples

Mobbing and Rioting - 35/001

Offensive Weapons Act 2019, S6 (1)

Possession of corrosive substance (used in crime) - 43/015
Possession of corrosive substance (not used in crime) - 43/016
See Restriction of Offensive Weapons Act 1959 for Possessing certain dangerous knives a in a
private place
See Criminal Justice Act 1988 for prohibition on Possessing offensive weapons in a private place

Perjury and Subornation - 39/011

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

Obstruct/Hinder Constable in pursuance of lawful duty - 38/013
Resist - 38/007

Police and Fire Reform (Scotland) Act 2012, S91

Escape from custody - 38/006

Police and Fire Reform (Scotland) Act 2012, S92

Personation of police - 38/010

Protection from Harassment Act 1997, S9

Breach on Non-harassment Order (civil court) - 39/013

Psychoactive Substances Act 2016

Production, Import/Export, Supply, Possession - 44/007
Other - 44/008

Public Mischief (including Wasting Police Time) - 38/003

Restriction of Offensive Weapons Act 1959, S1 (1A)

Possession of certain dangerous knives in a private place

Used in crime - 43/017
Not used in crime - 43/019

Sexual Offences Act 2003

Notification offences - 38/018

Sexual Offences Prevention Orders - 39/015

Trespass - 35/003

39/014 - Antisocial Behaviour etc. (Scotland) Act 2004, Section 9 Breach of Antisocial Behaviour Order

General Rule

One crime for each accused

Definition

A person who is subject to an antisocial behaviour order or an interim order and without reasonable excuse, does anything that the order to which the person is subject prohibits the person from doing.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

Person found to playing loud music in breach of their Antisocial Behaviour Order.

- 1 x Antisocial Behaviour etc. (Scotland) Act 2004, S9 Breach of Antisocial Behaviour Order Civic Government (Scotland) Act 1982, S57

Example 2

Person arrested for shoplifting and thereafter identifying they had breached an Antisocial Behaviour Order by being at locus.

- 1 x Theft by Shoplifting with the breach of the Antisocial Behaviour Order highlighted as an aggravation.

Example 3

Person playing loud music in breach of a condition of an Antisocial Behaviour Order on six occasions. All breaches are corroborated but accused is not traced by Police until after the sixth breach.

- 1 x Antisocial Behaviour etc. (Scotland) Act 2004, S9 Breach of Antisocial Behaviour Order (once the condition has breached, the accused continues to be in breach until a decision is made by a court).

Note

Section 9(1) of the Antisocial Behaviour etc. (Scotland) Act, 2004 makes it an offence to breach an antisocial behaviour order.

Section 9(3) of the Act provides that where the behaviour constituting the breach amounts to a separate offence, and where a person is charged with that offence, they cannot also be prosecuted for the breach of the order.

However, in relation to Section 9(3), the fact that the separate offence was committed by the accused whilst subject to the antisocial behaviour order will be an aggravating factor in relation to sentencing and therefore this must be highlighted within the police report.

40/000 - Conspiracy

General Rule

One crime for each incident

Definition

Conspiring to commit an unlawful act

Complainer

Procurator Fiscal

Locus

Where crime takes place

Example

Example 1

‘A’ and ‘B’ conspire to seriously injure ‘A’s’ ex-partner.

- 1 x Conspiracy

39/001 - Contempt of Court

General Rule

One crime for each accused

Definition

All courts are empowered at common law to enforce order and purity of procedure by summarily punishing any act of contempt committed against their authority or dignity. Although punished, it is not a crime, being dealt with at civil law even if the contempt is during a criminal case. Examples of such acts of contempt are –

(1) an accused person, or a witness, or a juror appearing in court in a state of intoxication;

(2) a witness refusing to be sworn or to make affirmation;

(3) any person behaving in an insulting and contemptuous manner;

(4) any disobedience of an order of the court.

The following is also deemed to be contempt of court,

Any witness who, having been duly cited in accordance with Section 140 of the Criminal Procedure (Scotland) Act, 1995

(a) fails without reasonable excuse, after receiving at least 48 hours’ notice, to attend for precognition by a prosecutor at the time and place mentioned in the citation served on him; or

(b) refuses when so cited to give information within his knowledge regarding any matter relative to the commission of the offence in relation to which such precognition is taken.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

Brought to the attention of the Sheriff in court that someone had been taking photographs during the proceedings. The Sheriff instructs the police to the trace the individual and report them for Contempt of Court.

- 1 x Contempt of Court (record as Breach of the Peace – see note below.

Note

Contempt of Court is not a crime within the meaning of Scottish criminal law. The offence of Contempt of Court is an offence sui generis and, where it occurs, it is peculiarly within the province of the court itself, civil or criminal as the case may be, to punish under its power.

There is no ISCJIS charge code specifically for Contempt of Court therefore officers should use Breach of the Peace to record and report.

Criminal Justice Act 1988, Section 141(1A) Prohibition on the possession of offensive weapons in a private place

43/018 - Possession of prohibited offensive weapon in a private place (Used in Crime)

43/020 - Possession of prohibited offensive weapon in a private place (Not Used in Crime)

General Rule

One crime for each weapon

Definition

Section 141

(1A) Any person who possesses a weapon to which this section applies in private is guilty of an offence

See Note section below for list of prohibited weapons.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

Police attend a report of a domestic incident. Upon entering the property a knuckleduster is observed to be sitting on a table. ’A’ confirmed that the knuckleduster was theirs.

- 1 x Criminal Justice Act 1988, S141 (1A) Possession of prohibited offensive weapon in a private place (not used in crime).

Example 2

Police search suspect in a public place where suspect is found in possession of a knuckleduster which they state they carry on their person for their own protection.

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S47, Possession of offensive weapon (not used in crime) – public place and admission that weapon was carried with intended use to injure someone.

Example 3

Police carry out a drugs search on a property and recover a small quantity of diamorphine, along with a butterfly knife and a flick knife, within the bedroom used by the suspect.

- 1 x Misuse of Drugs Act 1971, S5 (2), Possession of a controlled drug.

- 1 x Criminal Justice Act 1988, S141 (1A), Possession of a prohibited offensive weapon in a private place (not used in crime) – for butterfly knife.

- 1 x Restriction of Offensive Weapons Act 1959, S1A – Possession of a dangerous knife in a private place (not used in the commission of a crime) – for flick knife.

Example 4

Police attend at an abandoned property allegedly being used by homeless people. Upon entering the property they observe evidence that people have been living in the building but nothing to identify the inhabitants. They observe a ‘police style’ extending baton to be within the kitchen area of the property.

- No crime should be recorded as possession/ownership cannot be established. The item should be seized as found property and marked for destruction.

Note

Subsection 1A to Section 141 of 1 of Criminal Justice Act 1988 was introduced following the enactment of Part 4 of the Offensive Weapons Act 2018, Section 46 on 27 March 2023 which amended the 1988 Act.

For the purposes of clarity, the possession of any flick knife or gravity knife in a private setting is an offence under the Restriction of Offensive Weapons Act 1959 (as amended). Possession of any ‘prohibited weapon’ in a private setting, is an offence under Section 141 of the Criminal Justice Act 1988 (as amended).

Prior to the introduction of this Subsection it was only an offence to possess such prohibited weapons in a public place. For public places these offences are still recordable under Criminal Law (Consolidation) (Scotland) Act 1995, Sections 47/49 with other parts of Section 49 applying to possession in prisons and schools. This will not change and Subsection 1A above will only be used to record possession in private. The sentencing profile is higher for possession in a public place, prison or school.

An extensive list of prohibited offensive weapons as detailed below is contained in Criminal Justice Act 1988 (Offensive Weapons) (Scotland) Order 2005, Schedule 2:

(a) a knuckleduster, that is, a band of metal or other hard material worn on one or more fingers, and designed to cause injury, and any weapon incorporating a knuckleduster;

(b) a swordstick, that is, a hollow walking stick or cane containing a blade which may be used as a sword;

(c) the weapon sometimes known as a “handclaw”, being a band of metal or other hard material from which a number of sharp spikes protrude, and worn around the hand;

(d) the weapon sometimes known as a “belt buckle knife”, being a buckle which incorporates or conceals a knife;

(e) the weapon sometimes known as a “push dagger”, being a knife the handle of which fits within a clenched fist and the blade of which protrudes from between two fingers;

(f) the weapon sometimes known as a “hollow kubotan”, being a cylindrical container containing a number of sharp spikes;

(g) the weapon sometimes known as a “footclaw”, being a bar of metal or other hard material from which a number of sharp spikes protrude, and worn strapped to the foot;

(h) the weapon sometimes known as a “shuriken”, “shaken” or “death star”, being a hard non flexible plate having three or more sharp radiating points and designed to be thrown;

(i) the weapon sometimes known as a “balisong” or “butterfly knife”, being a blade enclosed by its handle, which is designed to split down the middle, without the operation of a spring or other mechanical means, to reveal the blade;

(j) the weapon sometimes known as a “telescopic truncheon”, being a truncheon which extends automatically by hand pressure applied to a button, spring or other device in or attached to its handle;

(k) the weapon sometimes known as a “blowpipe” or “blow gun”, being a hollow tube out of which hard pellets or darts are shot by the use of breath;

(l) the weapon sometimes known as a “kusari gama”, being a length of rope, cord, wire or chain fastened at one end to a sickle;

(m)the weapon sometimes known as a “kyoketsu shoge”, being a length of rope, cord, wire or chain fastened at one end to a hooked knife;

(n) the weapon sometimes known as a “manrikigusari” or “kusari”, being a length of rope, cord, wire or chain fastened at each end to a hard weight or hand grip;

(o) a disguised knife, that is any knife which has a concealed blade or concealed sharp point and is designed to appear to be an everyday object of a kind commonly carried on the person or in a handbag, briefcase, or other hand luggage (such as a comb, brush, writing instrument, cigarette lighter, key, lipstick or telephone);

(p) a stealth knife, that is a knife or spike, which has a blade, or sharp point, made from a material that is not readily detectable by apparatus used for detecting metal and which is not designed for domestic use or for use in the processing, preparation or consumption of food or as a toy;

(q) a straight, side handled or friction lock truncheon (sometimes known as a baton).

(r) the weapon sometimes known as a “cyclone knife” or “spiral knife” being a weapon with a handle, a blade with two or more cutting edges, each of which forms a helix, and a sharp point at the end of the blade.

40/001 - Criminal Justice and Licensing (Scotland) Act 2010, Section 28, 30 and 31 Offences relating to Serious Organised Crime

General Rule

One from for each accused or group of accused if acting together

Definition

Section 28

(1) A person who agrees with at least one other person to become involved in serious organised crime commits an offence.

Section 30

(1) A person commits an offence by directing another person—

(a) to commit a serious offence,

(b) to commit an offence aggravated by a connection with serious organised crime under section 29.

(2) A person commits an offence by directing another person to direct a further person to commit an offence mentioned in subsection (1).

Section 31

(1) This section applies where—

(a) a person (“the person”) knows or suspects that another person (“the other person”) has committed—

(i) an offence under section 28 or 30, or

(ii) an offence which is aggravated by a connection with serious organised crime under section 29, and

(b) that knowledge or suspicion originates from information obtained—

(i) in the course of the person's trade, profession, business or employment, or

(ii) as a result of a close personal relationship between the person and the other person.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

Two persons acting together commit a Fraud which is confirmed as being related to Serious Organised Crime.

- 1 x Criminal Justice and Licensing (Scotland) Act 2010, S28

- 1 x Fraud

Note

Where another crime has been committed where there is evidence to confirm that crime is related to Serious Organised Crime both the crime committed and the Serious Organised Crime Offence must be recorded.

39/002 - Criminal Justice (Scotland) Act 2016, Schedule 1-1(1) Breach of Undertaking or Investigative Liberty Conditions

General Rule

One crime for each accused

Definition

Offence of breaching condition

(1) A person commits an offence if, without reasonable excuse, the person breaches a liberation condition by reason of—

(a) failing to comply with an investigative liberation condition,

(b) failing to appear at court as required by the terms of an undertaking, or

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

'A' commits an assault and is released on an undertaking to appear on a specified date, prior to which 'A' again assaults the same victim.

- 1 x Assault in relation to the initial report.

- 1 x Assault in relation to the second report. An aggravation would be added to the second police report as the Conditions of Undertaking were breached.

Note

A Breach of Undertaking or Investigative Liberty Conditions crime should only be recorded where no other crime has occurred. Where another crime has occurred, the Breach of Undertaking or Investigative Liberty Condition will be treated as an aggravation in the report to the Procurator Fiscal.

Criminal Law (Consolidation) (Scotland) Act 1995 Possession of an Offensive Weapon

Where not used in the commission of a crime

43/001 - Section 47(1) Public Place

43/007 - Section 49A (2) School Premises

43/006 - Section 49C (1) (a) In Prison

Where used in the commission of a crime

43/009 - Section 47(1) Public Place

43/013 - Section 49A (2) School Premises

43/011 - Section 49C (1) (a) In Prison

General Rule

One crime for each weapon

Definition

Any person who has with him in any public place, school or prison any offensive weapon shall be guilty of an offence.

An "offensive weapon" means any article made or adapted for use for causing injury to a person, or intended, by the person having the article, for use for causing injury to a person by:

(i) the person having it, or

(ii) some other person.

“public place” means any place other than—

(a) domestic premises,

(b) school premises (within the meaning of section 49A (6)),

“domestic premises” means premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling).

It should be noted that a Children’s Residential Home is not considered to be a public place in terms of this legislation.

It is a defence for a person charged with an offence under subsection (1) to show that the person had a reasonable excuse or lawful authority for having the weapon with the person in the public place.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Where not used in the commission of a crime

Example 1

A person is found in possession of two offensive weapons.

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

Example 2

Whilst at school, two pupils are each found to be in possession of an offensive weapon.

- 2 x Criminal Law (Consolidation) (Scotland) Act, 1995, S49A (2)

Example 3

'A' reports that on looking out their window they saw a person running down the street waving a baseball bat in the air and shouting, however, could not hear what was being said. On police attendance no person or weapon is traced.

- No crime is required to be recorded as there is no corroboration.

Example 4

While 'A' is within the home of 'B', 'A' produces a baseball bat from inside their jacket and assaults 'B' with it. 'B' confirms that 'A' could not have obtained the baseball bat from within the property.

- 1 x Assault only (while it can be reasonably assumed that ‘A’ was in possession of the weapon prior to entering the home of ‘B’ there is no corroborative evidence of this. Since the assault itself was committed on domestic premises where possession of the weapon would not be considered an offence then no weapon offence should be recorded).

Example 5

When 'A' enters the home of 'B' they are seen by 'B' and ‘C’ to be in possession of a baseball bat as they enter the property. Whilst within the property ‘A’ assaults ‘B’ with the bat.

- 1 x Assault

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S47 (1) – not used in crime. (There is corroboration that ‘A’ was in possession of the weapon when they entered the home of ‘B’. Since the assault itself occurred on domestic premises (private dwelling) where possession of the weapon would not be considered an offence the “used in crime” modifier cannot be used).

Where used in the commission of a crime

Example 6

'A' is struck on the arm by 'B' with a baseball bat in a public place, resulting in bruising.

- 1 x Assault

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S47 (1) (possession of offensive weapon used in commission of a crime)

Example 7

'A' approaches 'B' carrying a piece of wood and waves it about threatening to strike 'B' with it, 'B' then runs off.

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

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S47 (1) (possession of offensive weapon used in commission of a crime)

Example 8

'B' uses a baseball bat to smash the windscreen of a motor vehicle belonging to 'A'.

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S52 Vandalism (no requirement to record possession of baseball bat as no evidence it was carried with intent to cause injury).

Note

From 1 April 2017 where an offensive weapon has been used in the commission of a crime (against the person) and it meets the definition as outlined in Section 47 of Criminal Law (Consolidation) (Scotland) Act 1995, possession of the weapon will no longer be subsumed into the substantive crime.

For the purposes of crime recording a screwdriver is not to be considered as an article with a blade or point.

Recording possession of an offensive weapon offence with a “used in crime” variant should only occur where the crime is one against the person (e.g. Section 38) and where the crime is committed in a place where possession of the offensive weapon would be a crime (e.g. public place).

Where no other offence has occurred, however, there is sufficient corroboration to identify the article/circumstances meets the requirements of the Act i.e. two witnesses speaking to the article being an offensive weapon/being used in an offensive manner, or, one witness and the article being recovered, then a crime should be recorded.

If the weapon used in the commission of a crime has not been recovered however the victim or a witness describes the weapon as fitting the description in line with Section 47 of the above Act, a crime must be recorded (no requirement for corroboration).

In circumstances where a knife is used in crime as an offensive weapon a crime under Section 49 (or school/prison equivalent) should be recorded and not Section 47. However, where there is dubiety in the case of a folding pocket knife as to whether the article meets the Section 49 definition then a Section 47 (or school/prison equivalent should be recorded.

Possessing an article in a prison which has been deliberately sharpened to a point should be recorded under Criminal Law (Consolidation) (Scotland) Act, 1995, Section 49C (1) (b) – having an article with a blade or point.

Where a Section 38, Criminal Justice and Licensing (Scotland) Act 2009, Threatening or Abusive Behaviour or Breach of the Peace, has occurred which amounts to a weapon being waved about or similar, then a separate crime should be recorded in respect of the weapon.

Where a Robbery has occurred whereby a weapon has been presented then a separate crime should be recorded in respect of the weapon.

Where there is evidence that the use of a weapon was premeditated, the weapon was carried to the locus or fetched for the purpose of committing the crime then a separate crime for possessing the offensive weapon will be recorded. Similarly, the deliberate sourcing of an article and adapting it for use as an offensive weapon will also require a separate crime to be recorded for possessing an offensive weapon. It should be noted that the article in question must be capable of causing injury.

Criminal Law (Consolidation) (Scotland) Act 1995 Having an article with a blade or point

Where not used in the commission of a crime:

43/003 - Section 49(1) Public Place

43/004 - Section 49A (1) School Premises

43/008 - Section 49C (1) (b) In Prison

Where used in the commission of a crime:

43/010 - Section 49(1) Public Place

43/012 - Section 49A (1) School Premises

43/014 - Section 49C (1) (b) In Prison

General Rule

One crime for each weapon

Definition

Any person who has with him in any public place, school or prison any article which has a blade or is sharply pointed shall be guilty of an offence.

This section does not apply to a folding pocket knife if the cutting edge of the blade does not exceed three inches (7.62 centimetres).

“public place” means any place other than—

(a) domestic premises,

(b) school premises (within the meaning of section 49A (6)),

It should be noted that a Children’s Residential Home is not considered to be a public place in terms of this legislation.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Where not used in the commission of a crime

Example 1

‘A’ reports that on looking out of their window they saw a person running down the street waving what appeared to be a knife in the air and shouting, however, could not hear what was being said. On police attendance no person or knife is traced.

- No crime is required to be recorded as there is no corroboration.

Example 2

'A' on being searched by Police is found to have two knives in their possession.

- 2 x Criminal Law (Consolidation) (Scotland) Act 1995, S49 (1), possession of knife (not used in crime) (crime per knife)

Example 3

'A' deliberately punctures the tyres of a neighbour's car which is parked in a public place using a knife which is corroborated.

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

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S49 (1) for possession of knife (not used in crime). Note use of the "not used in crime" modifier since the knife was not used to threaten or injure any person.

Example 4

On being brought into Police custody in ‘Z’ Division from a public place in ‘X’ Division suspect is found to be in possession of a knife.

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S49 (1), possession of knife (not used in crime) – to be recorded by ‘Z’ Division as this is where the knife was found by Police.

Example 5

Police arrest 'A' on warrant from their home address. When searched on arrival at the cell block 'A' is found to have a knife in their possession.

- No crime to be recorded since Police have caused 'A' to bring the knife from a domestic place into a public place.

Example 6

Police, on being advised by 'A' that 'A' has no sharp implements in their possession, search 'A' and an officer is injured by a knife concealed within 'A's' clothing.

- 1 x Culpable and Reckless Conduct

Example 7

Witnesses on school premises speak to ‘A’, ‘B’ and ‘C’ all being in possession of the same knife at various points during the lunch break. On being searched ‘C’ is found in possession of the knife.

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S49 (A) (1), possession of knife on school premises (not used in crime) with three accused.

Example 8

A report is received that ‘A’ was seen in the street and entering a neighbour’s house carrying a large bladed knife. Police attend and it is established that ‘A’ was providing a large knife to their next door neighbour who did not have a knife sharp enough or big enough to cut a large piece of meat. The knife and meat were lying on the kitchen table.

- A reasonable excuse for having the article in a public place has been provided and should officers be satisfied with this explanation, no crime requires to be recorded. ‘A’ should be advised against carrying a knife in a public place in future.

Example 9

A report is received that a child was in the school grounds and was seen using a knife to spread cheese on a cracker from their lunchbox. It was established that the knife had been included in the lunchbox by the parent of the child. The teacher confiscated the knife and contacted the police.

- A reasonable excuse for having the article was provided and the child was not using the knife in a manner which would cause concern, therefore no crime requires to be recorded. The child and parent should be advised that a knife should not be provided within a lunchbox on school grounds.

Where used in the commission of a crime:

Example 10

'A' is assaulted by 'B' who stabs ‘A’ to the arm with a knife. 'B' is traced by Police still in possession of the knife.

- 1 x Assault

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S49 (1), possession of knife used in the commission of a crime

Example 11

'A' is assaulted by 'B' who stabs ‘A’ to the arm with a knife. 'B' is traced by Police a short distance away but no weapon is found.

- 1 x Assault

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S49 (1), possession of knife used in the commission of a crime

Example 12

'A' approaches 'B' carrying a knife and waves it about threatening to strike 'B' with it, 'B' then runs off.

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

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S49 (1), possession of knife used in the commission of a crime

Example 13

Victim attends hospital with a stab wound. Victim believes they were stabbed with a knife but didn’t see what was used to stab them nor are there any witnesses. The doctor treating the injuries confirms they were likely to have been caused with a knife.

- 1 x Serious Assault/Attempted Murder as appropriate (note no knife was seen so no requirement to record a crime for the weapon used in the commission of the assault).

Example 14

'A' uses a knife in a public place to assault both 'B' and 'C'.

- 2 x Assault

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S49 (1) (possession of knife used in commission of a crime). Note - no requirement to record a S49 (1) offence for each assault unless there is a radically different locus or time difference between the assaults).

Note

From 1 April 2017 where an article with a blade or point has been used in the commission of a crime (against the person), possession of the weapon will no longer be subsumed into the substantive crime.

For the purposes of crime recording a screwdriver is not to be considered as an article with a blade or point.

Recording possession of an article with a blade or point offence with a “used in crime” modifier should only occur where the crime is one against the person (e.g. Section 38, Assault) and where the crime is committed in a place where possession of the offensive weapon would be a crime (e.g. public place).

Where no other offence has occurred, however, there is sufficient corroboration to identify the article/circumstances meets the requirements of the Act i.e. two witnesses speaking to the article being a blade or pointed article, or, one witness and the article being recovered, then a crime should be recorded.

If the blade or sharply pointed article used in the commission of a crime has not been recovered however the victim or a witness describes the weapon as fitting the description in line with Section 49 of the above Act, a crime must be recorded (no requirement for corroboration). In circumstances where a knife is used in crime as an offensive weapon a crime under Section 49 (or school/prison equivalent) should be recorded and not Section 47. However, where there is dubiety in the case of a folding pocket knife as to whether the article meets the Section 49 definition then a Section 47 (or school/prison equivalent should be recorded.

Where a Section 38, Criminal Justice and Licensing (Scotland) Act 2009, Threatening or Abusive Behaviour or Breach of the Peace, has occurred which amounts to a blade or sharply pointed article being waved about or similar, then a separate crime should be recorded in respect of the weapon.

Where a Robbery has occurred whereby a blade or sharply pointed article has been presented then a separate crime should be recorded in respect of the weapon.

38/013 - Criminal Law (Consolidation) (Scotland) Act 1995, Section 48 Obstructing or Concealing Weapons

General Rule

One crime for each accused

Definition

Intentionally obstructing or concealing from a constable an offensive weapon.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

‘A’ having been accused of being in possession of an offensive weapon, refusing to allow a search to be carried out.

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S48

38/011 - Criminal Procedure (Scotland) Act 1995, Section 13 Failing to Give Name to or Remain with Constable

General Rule

One crime for each accused

Definition

Failing to provide details or remain with officer when there is reasonable belief an offence has been committed.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

On police attendance following a report of a shoplifting, the suspect refuses to provide their name and address to officers.

- 1 x Criminal Procedure (Scotland) Act 1995, S13 (6)

Note

Where there is reasonable grounds for suspecting that a person has committed or is committing an offence at any place, a constable may require the following information,

The person’s name
The person’s address
The person’s date of birth
The person’s place of birth (as necessary to establish the person’s identity), and
The person’s nationality

39/005 - Criminal Procedure (Scotland) Act 1995, Section 27(1) (a) Failing to appear for trial having been given court bail

General Rule

One crime for each accused

Definition

Failing to appear for trial having been given court bail

Complainer

Procurator Fiscal

Locus

Court location

Examples

Example 1

Two accused fail to appear at court for a trial in a case where they had both been charged together and are on bail.

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

Note

In the majority of occasions this would be dealt with by means of a warrant being issued.

39/007 - Criminal Procedure (Scotland) Act 1995, Section 27(1) (b)

Bail Offences

General Rule

One crime for each accused

Definition

Failing to comply with conditions of bail

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

Conditions of bail state curfew in place, accused seen in street by police officers on three consecutive nights, where accused has made off from officers.

- 1 x Criminal Procedure (Scotland) Act 1995, S27 (1) (b), Breach of bail.

Example 2

Conditions of bail state the accused should not enter a specific street, or approach a specific individual. Witnesses report the accused has breached both conditions.

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

Example 3

A person is in breach of their bail conditions where only one person has witnessed the event.

- No crime report should be recorded and the PF should be advised of the circumstances for consideration of a bail review. (See Note in respect of S28 of the Criminal Procedure (Scotland) Act 1995).

Example 4

Two persons are found to be in breach of their bail conditions.

- 2 x Criminal Procedure (Scotland) Act 1995, S27 (1) (b), Breach of Bail (one for each accused).

Example 5

Conditions of bail outline a curfew that a person must be within their home address between 7 pm and 7 am. There is no condition attached that they have to present themselves should Police attend. Officers attend at the home address between these times and receive no response.

- No crime report should be recorded as it cannot be ascertained whether the individual was within the dwelling or not.

Example 6

Conditions of bail outline a curfew that a person must be within their home address between 7 pm and 7 am. There is a condition attached that they must present themselves should Police attend. Officers attend at the home address between these times and receive no response.

- 1 x Criminal Procedure (Scotland) Act 1995, S27(1)(b), Breach of Bail (it should be noted that officers should take into consideration the time they call at the address and whether or not the individual may be asleep as this would be a factor in evidencing the breach).

Example 7

A person is arrested for vandalism and it is ascertained they are on bail, with standard bail conditions set.

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S52, Vandalism (no crime report is required to be recorded for the bail offence i.e. committing an offence whilst on bail. An aggravator should be added to the police report highlighting the individual was on bail).

Example 8

There is a condition of bail that 'A' does not approach or contact 'B'. 'A' phones 'B' on 20 occasions and shouts abuse at them over the phone.

- 1 x Communications Act 2003, S127 (1) (with bail aggravator). In order to shout abuse 'B' has had to contact 'A'.

Example 9

There is a condition of bail that 'A' does not approach or contact 'B'. 'A' approaches 'B' and assaults them causing no injury.

- 1 x Common Assault (with bail aggravator). In order to commit the Assault 'A' has had to approach 'B'.

Example 10

Person is released on bail with 3 specific conditions; (a) curfew, (b) not to drink alcohol, and (c) not to be in the company of a named individual. A week later they are found outwith their home address during curfew, intoxicated and in the company of the named individual.

- 1 x Criminal Procedure (Scotland) Act 1995, S27 (1) (b), Breach of Bail (all 3 conditions have been breached at the same time). If conditions were breached at different times then 3 individual charges would be preferred and 3 crimes recorded.

Example 11

There is a condition of bail that 'A' remains within their house between 7pm and 7am. 'A' enters a neighbouring street, smashes a car window and assaults the owner of the vehicle. It is established that this occurred during the curfew time period.

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

- 1 x Assault

- 1 x Criminal Procedure (Scotland) Act 1995, S27 (1) (b), Breach of Bail (the condition is breached as soon as 'A' leaves the house. It is immaterial what 'A' then goes on to commit).

Example 12

A remand prisoner ‘A’ has bail conditions in place not to contact ‘B’. Against these conditions they telephone "B" from prison.

- 1 x Criminal Procedure (Scotland) Act 1995, S27 (1) (b), Breach of Bail, where the locus is confirmed as the prison. In similar circumstances if ‘B’ had been contacted by letter the locus would again be the prison.

Example 13

The same specific condition of bail has been set by two different courts, that the accused should not contact the complainer. The accused contacts the complainer breaching their bail condition.

- 1 x Criminal Procedure (Scotland) Act 1995, S27(1)(b), Breach of Bail (as this refers to the same condition, even though issued by two separate courts only one breach of condition has occurred).

Example 14

It is a condition of bail that 'A' remains within their home address at Locus 1 between 7pm and 7am. At 11pm at Locus 2 'A' causes wilful damage to a car and assaults the owner.

- 1 x Criminal Procedure (Scotland) Act 1995, S27 (1) (b), Breach of Bail (Locus 2)

- 1 x Criminal Law (Consolidation (Scotland) Act 1995, S52 Vandalism (Locus 2)

- 1 x Assault (Locus 2)

Example 15

It is a condition of bail that 'A' remains within their home address in Division X between 7pm and 7am. At 11pm 'A' is found by Police in Y Division.

- 1 x Criminal Procedure (Scotland) Act 1995, S27 (1) (b), Breach of Bail (Locus Y Division).

Example 16

'A' is released on bail where one of the conditions is not to enter the Town Centre. 'A' is seen by witnesses in the Town Centre on Day 1 and the Police are unable to trace 'A' at that time (there being credible witnesses providing sufficient evidence to report). On Day 2 'A' is apprehended for shoplifting in the Town Centre, thereby again breaching bail conditions.

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

- 1 x Theft by Shoplifting (Breach of Bail shown as an aggravation)

Example 17

'A' has bail conditions not to enter a specific town. 'A' enters the specific town and commits a Theft by Shoplifting.

- 1 x Theft by Shoplifting (Breach of Bail shown as an aggravation)

Example 18

'A' has bail conditions not to contact/approach 'B'. 'A' meets 'B' and others and spends time in their company during which 'A' commits a Section 38 offence by shouting and swearing at 'B'.

- 1 x Criminal Justice and Licensing (Scotland) Act 2010, S38, Threatening or Abusive Behaviour (Breach of Bail shown as aggravation). If there was insufficient evidence to report the Section 38 offence but sufficient witnesses to confirm the Breach of Bail, then a Breach of Bail (detected) would be recorded in addition to an undetected Section 38.

Example 19

‘A’ has a curfew bail in place and a bail condition not to approach/contact ‘B’. ‘A’ attends at the home address of ‘B’ outwith their curfew and also vandalises a vehicle outside which belongs to ‘C’.

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

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S52, Vandalism (for ‘C’)

Example 20

A bail condition and a Non Harassment Order (civil) is in place for ‘A’ not to approach/contact ‘B’. ‘A’ makes contact with ‘B’.

- 1 x Criminal Procedure (Scotland) Act 1995, S27 (1) (b), Breach of Bail (Breach of Non-Harassment Order shown as an aggravation).

Note

Once the condition has been breached, the accused continues to be in breach until a court decision is made.

Section 28 of the Criminal Procedure (Scotland) Act, 1995 states, "A constable may arrest without warrant an accused who has been released on bail where the constable has reasonable grounds for suspecting that the accused has broken, is breaking, or is likely to break any condition imposed on his bail.” There does not require to be corroboration of the conduct giving rise to the arrest. In such circumstances, the police will consider whether it is appropriate to invoke this power of arrest and report the accused from custody to the Procurator Fiscal. Where there is not a sufficiency of evidence, powers under Section 28 may be invoked. In these circumstances there is no requirement to raise a crime report and a memo, which should be linked to the original report pertaining to the bail condition for which the accused has been arrested, should be submitted to the Procurator Fiscal. In these circumstances, officers are reporting the suspected non-compliance of a bail condition, with a view to the bail condition being reviewed or amended.

Electronic Monitoring of Bail

Electronic monitoring of bail (EMB) or ‘tagging’ was introduced in 2022 which removes the need to check compliance with conditions although does not prevent a visit being carried out where it is considered appropriate to do so. The monitoring company will advise the police of any breach of bail and it will be the responsibility of the police to undertake any necessary enquiry and report the circumstances to the Procurator Fiscal.

Where a unit has been intentionally damaged this should be recorded as a vandalism.

Justice social work services (bail supervision staff) have a responsibility to take reasonable steps to support people to comply with any conditions as part of their bail supervision; and deal with any non-compliance issues swiftly and robustly. Where persons are found to have failed to comply with any conditions of their bail supervision a report will be provided to the police by the Justice social work. The responsibility for reporting a breach to the Procurator Fiscal will then be a matter for the police as the relevant reporting authority.

39/012 - Criminal Procedure (Scotland) Act 1995, Section 234A Breach of Non Harassment Order (Criminal Court)

General Rule

One crime for each accused

Definition

Section 234A

Where a person is convicted of an offence involving harassment of a person the prosecutor may apply to the court to make a non-harassment order against the offender requiring him to refrain from such conduct in relation to the victim as may be specified in the order for such period, in addition to any other disposal which may be made in relation to the offence. On an application the court may, if it is satisfied on a balance or probabilities that it is appropriate to do so in order to protect the victim from further harassment, make a non-harassment order. Anyone who is in breach of a non-harassment order shall be guilty of an offence.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

Accused found to be in breach on non-harassment order by telephoning the victim.

- 1 x Criminal Procedure (Scotland) Act, 1995, S234A, Breach of Non-harassment Order

Note

Breaches of Non-Harassment Orders that have been imposed as a result of civil proceedings should be recorded as a contravention of Protection from Harassment Act 1997, Section 9(1) (a).

In circumstances where the breach is simultaneous with the commission of a criminal act, only the crime for the criminal act should be recorded and the Breach of Non- Harassment Order shown as an aggravation.

Once the condition has been breached, the accused continues to be in breach until they appear in court.

44/001 - Customs and Excise Management Act 1979, Sections 50, 170 Illegal Importation of Drugs

General Rule

One crime for each drug type and/or accused

Definition

Section 50

(1) Subsection (2) below applies to goods of the following descriptions, that is to say—

(a) goods chargeable with a duty which has not been paid; and

(b) goods the importation, landing or unloading of which is for the time being prohibited or restricted by or under any enactment.

(2) If any person with intent to defraud Her Majesty of any such duty or to evade any such prohibition or restriction as is mentioned in subsection (1) above—

(a) unships or lands in any port or unloads from any aircraft in the United Kingdom or from any vehicle in Northern Ireland any goods to which this subsection applies, or assists or is otherwise concerned in such unshipping, landing or unloading; or

(b) removes from their place of importation or from any approved wharf, examination station, transit shed or customs and excise station any goods to which this subsection applies or assists or is otherwise concerned in such removal,

he shall be guilty of an offence under this subsection and may be detained.

(3) If any person imports or is concerned in importing any goods contrary to any prohibition or restriction for the time being in force under or by virtue of any enactment with respect to those goods, whether or not the goods are unloaded, and does so with intent to evade the prohibition or restriction, he shall be guilty of an offence under this subsection and may be detained.

(6) If any person—

(a) imports or causes to be imported any goods concealed in a container holding goods of a different description; or

(b) directly or indirectly imports or causes to be imported or entered any goods found, whether before or after delivery, not to correspond with the entry made thereof,

he shall be liable on summary conviction to a penalty of three times the value of the goods or level 3 on the standard scale, whichever is the greater.

(7) In any case where a person would, apart from this subsection, be guilty of—

(a) an offence under this section in connection with the importation of goods contrary to a prohibition or restriction; and

(b) a corresponding offence under the enactment or other instrument imposing the prohibition or restriction being an offence for which a fine or other penalty is expressly provided by that enactment or other instrument,

he shall not be guilty of the offences mentioned in paragraph (a) of this subsection.

Section 170

Without prejudice to any other provision of the Customs and Excise Acts 1979, if any person is, in relation to any goods, in any way knowingly concerned in any fraudulent evasion or attempt at evasion

(a) of any duty chargeable on the goods;

(b) of any prohibition or restriction for the time being in force with respect to the goods under or by virtue of any enactment; or

he shall be guilty of an offence under this section.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

At the main parcel hub at an airport UK Borders Agency staff recover a controlled drug within a package arriving from overseas. The package is seized by Customers officers who alert the Police in the area where the package was intended to be delivered.

- 1 x Customs and Excise Management Act 1979, S170 should be recorded by the Division covering the address where the package was intended to be delivered to. However, an operational decision should be made by the Division concerned as to whether it is proportionate to pursue any level of enquiry. If an enquiry is being pursued a Section 170 offence should be recorded and will remain recorded while an active line of enquiry is being pursued. If at the conclusion of the enquiry there is insufficient evidence to report an offender the recorded crime may be reclassified to ‘No Crime’. Similarly, if a decision is made at the outset that it is not proportionate to pursue any further enquiry the incident should be updated appropriately and no crime required to be recorded.

Note

Where the locus is unclear, it should be deemed as the locus identified as the location of the offender at the time of the crime if know, or where the offender would reasonably be expected to be at the time of the crime.

The Violent Crime Reduction Act 2006 refers to the manufacture, modification, selling or bringing into or causes to be brought into Great Britain a realistic imitation firearm, whereas the Customs and Excise Management Act refers to the import of prohibited weapons, e.g. ordered online and confiscated by Customs.

Where a supply quantity of drugs are imported a Drugs Supply offence should also be considered.

38/017 - Defeat/Pervert the Course/Ends of Justice

General Rule

One crime for each accused

Definition

Taking steps to destroy in advance evidence which might lead to the detection of a crime, requesting a witness to refrain from giving evidence, deliberately going into hiding to avoid giving evidence. Escaping from custody.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

On being arrested for Robbery escaping from police custody.

- 1 x Attempt to Pervert the Course of Justice (note that running off from police does not amount to Attempt to Pervert the Course of Justice unless the person is under arrest).

Example 2

Accused providing their sibling’s particulars when issued with an ASB Fixed Penalty ticket, which they later admit to.

- 1 x Attempt to Pervert the Course of Justice

Example 3

Accused commits murder and hides the body, which is later recovered.

- 1 x Murder

- 1 x Attempt Defeat the Ends of Justice

Example 4

Contacting a number of witnesses in case, threatening or tricking them into failing to turn up at court to give evidence.

- 1 x Attempt to Pervert the Course of Justice

Example 5

Person who has provided Police with a statement implicating another in a crime is asked to change their statement. No threats are made and this is corroborated.

- 1 x Attempt to Pervert the Course of Justice (if there is no corroboration there is no requirement to record a crime but a memo should be forwarded to the Procurator Fiscal advising them of the incident).

Example 6

Two persons loitering in the street, in area which has been designated as a dispersal zone. Officers request them to leave, which they do. A short time later they return and refuse to move on. When questioned, one person provides false details.

- 1 x Antisocial Behaviour etc. (Scotland) Act 2004, S21 (3), 2 accused recorded thereon as acting together

- 1 x Attempt to Pervert the Course of Justice.

Note

The above crime type applies whereby the accused is arrested then escapes unassisted from custody. In circumstances where an accused is aided in their escape the accused commits the crime of Attempt to Pervert the Course of Justice and the persons assisting him commit an offence under Police & Fire Reform (Scotland) Act, Section 91.

This also covers aiding and abetting someone to break their bail conditions (Criminal Procedure (Scotland) Act 1995, S293 (2).

Persons who abscond from the lawful custody of the Scottish Prison Service, e.g. abscond from a funeral, fail to return from home leave, parole or from court, should be reported for Attempting to Defeat the Ends of Justice. This will allow officers to report the circumstances to COPFS with a view to obtaining a warrant to apprehend, with powers to force entry.

39/021 - Domestic Abuse (Scotland) Act 2011, Section 2(2) Breach of domestic abuse interdict

General Rule

One crime for each accused

Definition

Section 2(2)

(1) This section applies where -

(a) on or after the date on which this section comes into force, an interdict is granted against a person,

(b) a determination has been made under section 3(1) that the interdict is a domestic abuse interdict,

(d) a power of arrest is attached to the interdict under section 1(1A) or (2) of the Protection from Abuse (Scotland) Act 2001 (asp 14), and

(e) that power of arrest is in effect.

(2) A person who breaches an interdict to which this section applies is guilty of an offence.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

Person against whom there is a Domestic Abuse Interdict in force that they do not make contact with 'A' attends at the home of 'A' but commits no crime.

- 1 x Domestic Abuse (Scotland) Act 2011, S2 (2), Breach of Domestic Abuse Interdict

Example 2

Person against whom there is a Domestic Abuse Interdict in force that they do not make contact with 'A' attends at the home of 'A', causes a disturbance and assaults 'A' causing no injury.

- 1 x Common Assault (in these circumstances the breach of the interdict should be shown as an aggravator).

Note

This Act came into force on the 20^th July, 2011 with two important changes to the current law which will affect the reporting of Domestic Abuse cases, namely:

The Act introduced a new section into the Protection from Harassment Act 1997 which removed the requirement to show there has been a course of conduct before a non-harassment order can be granted in civil proceedings involving domestic abuse. It is no longer necessary to report two or more incidents to obtain such an order as one incident of harassing behaviour will now be sufficient for an order to be applied for or granted.
On application, a court will also be able to make the determination that an interdict (applied for or obtained under the Protection from Abuse (Scotland Act, 2001) is a domestic abuse interdict if satisfied that the interdict is, or is to be, granted for the protection of the applicant against the person who is (or was) the applicant's spouse, the applicant's civil partner, living with the applicant as if they were husband and wife or civil partners, or in an intimate personal relationship with the applicant.

The Act provides that it will be a criminal offence in its own right to breach a domestic abuse interdict where a power of arrest has been attached to it.

The Protection from Abuse (Scotland) Act, 2001 also allows non-domestic interdicts to be granted and these will remain civil interdicts. It is essential that officers verify whether or not an interdict has been classed as domestic by the courts before taking action.

35/005 - Emergency Workers (Scotland) Act 2005, Sections 1, 2, 3 and 5 Obstruct/Hinder Other Emergency Worker

General Rule

One crime for each incident

Definition

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 police officers, members of the fire service and members of the ambulance service).

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).

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

Accused obstructing hospital staff from attending to a bleeding would to their friend’s arm.

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

37/001 - Explosive Substances Act 1883, Section 3 Attempt to cause explosion

General Rule

One crime for each accused

Definition

Section 3

Any person who:

(a) does any act with intent to cause, or conspires to cause, by an explosive substance an explosion of a nature likely to endanger life, or cause serious injury to property, or

(b) makes or has in his possession or under his control an explosive substance with intent by means thereof to endanger life, or cause serious injury to property, or to enable any other person so to do,

shall, whether any explosion does or does not take place, and whether any injury to person or property is actually caused or not, be guilty of an offence and the explosive substance shall be forfeited.

Complainer

Procurator Fiscal

Locus

Where crime takes place/where explosive device is found

Examples

Example 1

During a house search a partially made bomb is found, with the remaining component parts found nearby. The intention is to make and then plant the bomb in a public place.

- 1 x Explosive Substances Act 1883, S3

38/004 - Falsely Accusing (named) Person of Crime

38/003 - Public Mischief (including Wasting Police Time)

General Rule

One crime for each accused

Definition

Wasting Police Time

Any person who maliciously makes a false statement to the police with the intention and effect of causing police investigation.

False Accusation

Any person who makes a false accusation of crime against a named individual commits a crime at common law.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

Complainer reports that they were robbed of their benefit money. Enquiry reveals this to be a false report in order to obtain further monies from the Benefits Agency.

- 1 x Wasting Police Time

Example 2

'A' reports to Police that they were assaulted and robbed by a named person ‘B’. Subsequent investigation confirms that ‘A’ was not assaulted and robbed by ‘B’.

- 1 x False Allegation/Accusation

Example 3

'A' reports to Police that they were assaulted and robbed by an unknown person. Subsequent investigation confirms that 'A' was not assaulted and robbed by any person.

- 1 x Wasting Police Time

Note

It is not essential that any person should be named in the false statement: the essence of the crime is that damage and injury to the public interest may result from causing the police to devote their time and service to the investigation of the invented story. The essential principle of the charge is not the giving of incorrect information, but the deliberate setting in motion of the police authorities by an invented story.

Recording and dealing with a person for Wasting Police Time will be at the discretion of the reporting officer/supervisor.

44/099 - Misuse of Drugs Act 1971 plus others Drugs – Other offences

General Rule

One crime for each drug type and/or accused

Definition

This crime type covers a variety of offences under the following legislation:

Criminal Procedure (Scotland) Act 1995, S20A (7) (A) and (B)
Misuse of Drugs Act 1971, Sections 8(a), 8(b) 8(c), 8(d), 9A (1), 9A (3), 18, 19, 20)
Police and Public Order and Criminal Justice (Scotland) Act 2006, Section 88(2) (A), (B) & (C))

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

Enquiry reveals the owner of a unit, which had been rented out, and used as a 'cannabis factory', was aware of the purpose of its use.

- 1 x Misuse of Drugs Act 1971, S8 (a) - allow premises to be used to produce controlled drug (other drug offences in relation to the recovery of the 'cannabis factory' would also be recorded as appropriate).

Example 2

'A' sells a number of tablets to 'B'. 'B' is found in possession of the tablets and advises Police it is Ecstasy. 'A' is traced and advises police it is not a drug however advised 'B' it was. Analysis confirmed it was not a controlled drug.

- 1 x Misuse of Drugs Act 1971, S19 & S5 (2) (Attempt to possess what was thought to be a controlled drug but didn’t contain a controlled drug. As 'A' was aware the substance was not a controlled drug no crime can be recorded for 'A').

44/004 - Misuse of Drugs Act 1971, Section 5(2) Drugs – Possession

General Rule

One crime for each drug type and/or accused

Definition

It is an offence for a person to be found in possession of a controlled drug without reasonable excuse.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

On house being searched under warrant, two persons are found within:

(a) both found physically in possession of a small quantity of cannabis.

- 2 x Misuse of Drugs Act 1971, S5 (2), Possession (1 for each accused.)

(b) one person found in possession of small quantity of cannabis and small quantity of heroin, whilst the other is found in possession of small quantity of cannabis.

- 3 x Misuse of Drugs Act 1971, S5(2) for Possession (2 in relation to the person found in possession of the cannabis and heroin and 1 in relation to the person found in possession of the cannabis).

Example 2

On a house being searched under warrant, a possession quantity of cannabis is found on the table, three persons are present within who deny, and refuse to disclose, ownership.

- 1 x Misuse of Drugs At 1971, S5 (2) Possession (with three accused thereon)

Example 3

On a house being searched under warrant, a possession quantity of cannabis is found on the table, three persons are present within and one person admits ownership of the drugs.

- 1 x Misuse of Drugs Act 1971, S5 (2) Possession (relating to the individual who has admitted ownership of the property).

Example 4

On a house being searched under warrant the householder being the only person within, three different types of drug are recovered (insufficient quantity to indicate supply).

- 3 x Misuse of Drugs Act 1971, S5 (2) Possession (one for each drug type recovered).

Example 5

Suspect is taken into Police custody at Locus 'A' and is not searched at that time. Suspect is searched on arrival at Locus 'B' and found to be in possession on a controlled drug.

- 1 x Misuse of Drugs Act 1971, S5 (2) Possession (recorded at Locus 'B').

Example 6

Whilst cleaning the toilet area a cleaner finds a polythene bag in a toilet cubicle containing a white powder and contacts the police. A field test proves positive for a controlled drug. Fingerprints and DNA being negative.

- No crime requires to be recorded and this should be treated as 'found' drugs, unless there is sufficient evidence to identify ownership of the property. If a crime has already been recorded, where there is insufficient evidence to identify ownership, this should be updated to 'No Crime'.

Example 7

In line with the Memorandum of Understanding between the Police, Prison Service and COPFS, where a possession quantity of Class 'B' Drugs or 'C' drugs is recovered, this may be dealt with by the Governor or Controller as a matter of internal discipline, however can be referred to the Police should there be aggravating factors. Where a Class 'A' drug is recovered the police must be informed and a crime report created.

Example 8

The Prison Service contacts the local police to advise 2 prisoners have been found in possession of a small quantity of Class 'B' drugs (possession amount). Both have been dealt with by the Prison Governor, however, aggravating factors have been outlined providing justification for referral to Police.

- 2 x Misuse of Drugs Act 1971, S5 (2)

Example 9

The Prison Service contacts the local police to advise they have found a prisoner is possession of a personal quantity of a Class 'A' drug.

- 1 x Misuse of Drugs Act 1971, S5 (2)

Example 10

On an individual being searched on arrival into police custody, a small piece of what is believed to be cannabis is found within their pocket.

(a) There is sufficient to carry out a field test, which proves positive for cannabis, but insufficient to thereafter forward the property to the lab for further tests.

- 1 x Misuse of Drugs Act 1971, S5 (2) Possession (Only possession of cannabis can proceed on the basis of a presumptive test. If there is insufficient quantity to send to the Laboratory for a presumptive test - other than cannabis - then there would be insufficient evidence and no crime report is required).

(b) There is insufficient to carry out a field test and the accused admits the substance was a controlled drug.

- No Crime to be recorded.

Example 11

A search of a bedroom reveals a small amount of cannabis, the son of the householder admits ownership and there is no evidence to say the householder was aware of the presence of this drug.

- 1 x Misuse of Drugs Act 1971, S5 (2) Possession (for son of householder only)

Example 12

A jacket has been handed in to police as found property whereby a small quantity of a controlled drug is recovered within the pocket. The jacket is claimed several days later and the owner denies knowledge of the substance being present. There is no other evidence available.

- No crime should be recorded if there is insufficient evidence to identify ownership of the drugs.

Example 13

On an individual being searched on arrival into police custody, a small bottle is found within their jacket pocket to contain 35 diazepam tablets, which the accused admits were not prescribed to them and refuses to provide a reason for their possession.

- 1 x Misuse of Drugs Act 1971, S5 (2) Possession

Example 14

During a search an individual is found in possession of herbal cannabis and cannabis resin.

- 2 x Misuse of Drugs Act 1971, S5 (2) Possession (the composition of each drug differs therefore 1 crime for each).

Example 15

During a house search whereby a small quantity of cannabis is recovered (possession quantity) on a table, a 'tick list' with 10 names is found lying on the kitchen table along with a selection of drug paraphernalia, e.g. tinfoil, burnt spoons, scales with traces of powder thereon, clingfilm, small poly bags etc. The named persons on the 'tick list' not being traced. Two persons reside at the dwelling, one of which admits responsibility for the property.

- 1 x Misuse of Drugs Act 1971, S4 (3) (b) Concerned in the Supply – as circumstances infer concerned in supply. (Possession with Intent is more appropriate where no evidence of prior dealing. No charges should be recorded in relation to 'supply to a named person' as per the 'list', unless statements have been obtained confirming they have been supplied drugs by the accused. One crime would then be recorded per named person supplied).

Example 16

After leaving personal effects in a locker and prior to entering a prison visitors' area a person is searched and found to be in possession of a personal quantity of a controlled drug.

- 1 x Prisons (Scotland) Act 1989, S41 (1)

Example 17

A person visiting a prison inmate leaves personal effects in a locker. They are searched before entering the visitors' area with negative result. The locker they are using is searched and a personal quantity of a controlled drug is found.

- 1 x Misuse of Drugs Act 1971, S5 (2) Possession

Example 18

Police execute a warrant where a possession quantity of a controlled drug is found in a property where 'A' and 'B' are present, and a further quantity of the same substance is found on the person of 'A'.

- 2 x Misuse of Drugs Act 1971, S5(2) Possession ('A' and 'B' are accused persons (acting together) for the substance found in the property and 'A' is a separate accused for the substance found on his person).

Example 19

A person searched at Locus 1 is found to be in possession of a personal quantity of a controlled drug. The person is searched again on arrival at a Police station (Locus 2) and a further personal quantity of the same drug is found.

- 2 x Misuse of Drugs Act 1971, S5 (2) Possession (crime for each locus).

Note

Drugs offences are 'evidence' based and should only be recorded where there is sufficient evidence.

Where quantities of non-attributable drugs are recovered, although not in possession of any person, and, there is insufficient evidence to consider reporting anyone for possession, possession with intent to supply or concerned in the supply, this will be treated as 'found' property and no crime report is required to be recorded.

Only one crime should be recorded for each drug type identified regardless of the format in which it is recovered, e.g. Cocaine and Crack Cocaine are the same drug, and MDMA is the same drug whether in crystal or tablet format. However, it should be noted that Cannabis and Cannabis Resin are different drugs types and must be recorded separately.

In circumstances where analysis confirms that a substance is found to contain a number of different drug types a separate offence should be recorded for each controlled drug identified, e.g. two different controlled drug types found in the same tablet format.

In circumstances where a prison inmate is found in possession of a controlled drug which is being reported to the Police this should be dealt with under Misuse of Drugs Act 1971 and not Prisons (Scotland) Act 1989.

Drug offences can be recorded with more than one accused ‘whilst acting together’ if evidence fails to identify ownership of the drugs to a single accused. There does however require to be evidence to infer knowledge and control.

Where the quantity of drugs recovered is marginal this should be highlighted within any subsequent Police Report. The Procurator Fiscal will decide as to whether a further charge should be libelled.

Where drugs are recovered following a death no offence(s) will be recorded relating to the deceased person and only where there is evidence relating to other persons will any relevant offences be recorded.

Schedule 5, Regulation 3 of the Misuse of Drugs Regulations 2001 provides details of controlled drugs whereby it is not an offence to possess same, although it would be an offence if supply quantities were recovered.

44/002 - Misuse of Drugs Act 1971, Section 4(2) (a) & (b) Drugs – Production, manufacture and Cultivation

General Rule

One crime for each drug type/and/or accused

Definition

It is an offence for a person to produce a controlled drug and to be concerned in the production of a controlled drug.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

A house search reveals a cannabis cultivation. No persons are resident at the house and enquiry reveals it had been rented out, with enquiry failing to trace the person(s) responsible.

- 1 x Misuse of Drugs At 1971, S4 (2) (a), Produce a controlled drug (undetected).

Example 2

A house search reveals a cannabis cultivation and the householder is identified as being responsible, no other drugs are found.

- 1 x Misuse of Drugs Act 1971, S4 (2) (a), Produce a controlled drug

Example 3

Police execute warrant at house and discover numerous cannabis plants under cultivation. Due to the quantity involved there is a strong indication of onward supply and sale of cannabis when harvested. There is no physical evidence at the locus to confirm supply.

- 1 x Misuse of Drugs Act 1971, S4 (2) (a) - Produce a controlled

Example 4

Police execute warrant at house and discover numerous cannabis plants under cultivation. Due to the quantity involved there is a strong indication of onward supply of cannabis when harvested. Officers also find a quantity of cannabis in bags sufficient to indicate onward supply.

- 1 x Misuse of Drugs Act 1971, S4 (2) (a), Produce a controlled drug

- 1 x Misuse of Drugs Act 1971, S4 (3) (b), Concerned in the supply of a controlled drug.

Example 5

Police execute warrant at house and discover numerous cannabis plants under cultivation. Due to the quantity involved there is a strong indication of onward supply of cannabis when harvested. There is no physical evidence at the locus to confirm supply. A personal quantity of cannabis is found in the possession of one of the occupants.

- 1 x Misuse of Drugs At 1971, S4 (2) (a), Produce a controlled drug

- 1 x Misuse of Drugs Act 1971, S5 (2), Possession of a controlled drug.

Note

There will be circumstances where there is evidence to show that an offence has been committed although the identity of the offender(s) hasn't been established.

Police Scotland has a drugs expert witness capability in the form of the Statement of Opinion (STOP) Units who are recognised by the courts as 'experts'. The STOP Unit provide advice and assistance and through the examination and assessment of all the evidential elements in a case will be able to advise the enquiry officer whether an individual should be reported for cultivation, supply or possession offences.

Drug offences are 'evidence' based and should only be recorded where there is sufficient evidence.

Schedule 5, Regulation 3 of the Misuse of Drugs Regulations 2001 provides details of controlled drugs whereby it is not an offence to possess same, e.g. dihydrocodeine, although it would be an offence if supply quantities were recovered.

44/003 - Misuse of Drugs Act 1971, Sections 4(3) and 5(3) Drugs – Supply

Offences

Section 4(3) (a) - Supply or offer to supply to a named person Section 4(3) (b) Concerned in the Supply

Section 4(3) (c) - Concerned in offer to Supply

Section 5(3) - Possession with intent to Supply

General Rule

One crime for each drug type and/or accused

Definition

It is an offence for a person to supply or offer to supply a controlled drug, or, to be concerned in the supply of such a drug to another, or, to be concerned in the making to another.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

One person searched by police and found to be in possession of a supply quantity of cannabis.

- 1 x Misuse of Drugs Act 1971, S5 (3) Possession with Intent to Supply or S4 (3) (b) Concerned in the Supply, depending on evidence available.

Example 2

House searched under warrant, whereby a supply quantity of cannabis is recovered lying on the living room table. Four persons are found within, who deny and refuse to disclose ownership.

- 1 x Misuse of Drugs Act 1971, S5 (3) Possession with Intent to Supply or S4 (3) (b) Concerned in the Supply, depending on evidence available (with 4 accused recorded thereon, no one has physically been found in possession of the drugs).

Example 3

House searched under warrant, whereby a supply quantity of cannabis, possession quantity of heroin and possession quantity of ecstasy are recovered, although not physically in possession of anyone. Four persons are found within, who deny and refuse to disclose ownership.

- 1 x Misuse of Drugs Act 1971, S5 (3) Possession with Intent to Supply

- S4 (3) (b) Concerned in the Supply, depending on evidence available (cannabis – 4 accused), depending on evidence available

- 2 x Misuse of Drugs Act 1971, S5 (2) Possession (heroin and ecstasy - 4 accused). (No one has physically been found in possession of the drugs).

Example 4

A member of the public out walking their dog reports their dog has dug up a large quantity of drugs which appears to have been hidden having been covered with earth, leaves and branches. Further enquiry fails to identify ownership.

- No crime should be recorded. This should be treated as ‘found’ drugs and an intelligence entry submitted.

Example 5

During a house search whereby a supply quantity of cannabis is recovered in a cupboard, a 'tick list' with 10 names is found lying on the kitchen table along with a selection of drug paraphernalia, e.g. scales, tinfoil etc. Two persons reside at the dwelling, one of which admits responsibility for the property.

- 1 x Misuse of Drugs Act 1971, S4 (3) (b), Concerned in the Supply (Only where enquiry results in evidence that the names on the 'tick list' had been supplied drugs by the accused would a crime be recorded for supplying a named person i.e. statements from the named persons on the tick list confirming they were supplied drugs by the accused. One crime would then be recorded per named person supplied. A possession charge should not be libelled in these circumstances. Where there is evidence of prior dealing a Concerned in the Supply charge is more appropriate than a Possession with intent to Supply charge).

Example 6

Two females report to the police that 5 years ago when they were 14 years old, they had been at a party and were given drink and drugs and whilst one states she had consensual sex with a male at the party the other states she was raped and was unable to defend herself due to both alcohol and drug consumption. Although they identify the locus, they are unable to name the individuals responsible and enquiry fails to identify the persons responsible.

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

- 1 x Sexual Offences (Scotland) Act 2009, S28 Having intercourse with an older child. (Note – no requirement for Misuse of Drugs Act offences as it cannot be confirmed that the substance was in fact a controlled drug).

Example 7

Suspect under Police surveillance at Locus 1 is witnessed receiving a package. Suspect then gets into vehicle in possession of the package and drives off. When stopped and searched at Locus 2 the package is found to contain a supply quantity of a controlled drug.

- 1 x Misuse of Drugs At 1971, S5 (3) Possession with Intent to Supply

- S4 (3) (b) Concerned in the Supply, depending on evidence available.

The locus for the crime is Locus 2 as this is where the package was seized.

Example 8

During a prison visit a visitor passes a controlled drug to a prisoner.

- 1 x Misuse of Drugs Act 1971, S4 (3) (a), Supply a Controlled Drug. (In these circumstances while it is noted that the suspect has introduced a controlled drug into a prison before passing this to the prisoner no offence under Prisons (Scotland) Act 1989, S41 will be recorded).

Example 9

During an enquiry it is established that an accused has personally supplied controlled drugs to 10 different persons ALL of which can be clearly evidenced.

- 10 x Misuse of Drugs Act 1971, S4 (3) (a), Supply to a named person.

Note

Where a supply quantity of a drug is recovered a possession crime should not be recorded. A Possession offence is only appropriate where the quantity of drug is small and there is no inference to be drawn that the accused intended to supply that drug. Possession with Intent to Supply is more appropriate where there is no evidence of prior dealing.

Drug offences are 'evidence' based and should only be recorded where there is sufficient evidence.

Where quantities of drugs are recovered, although not in possession of any person, and, there is insufficient evidence to consider reporting anyone for possession, possession with intent to supply or concerned in the supply, this will be treated as 'found' property and no crime should be recorded.

Where the quantity of drugs recovered is marginal this should be highlighted within any subsequent Police Report. The Procurator Fiscal will decide as to whether a further charge should be libelled.

Where a test purchase operation involves the supply to police officers, this would be recorded as a concerned in the supply offence per drug type, immaterial how many police officers or number of occasions they were involved in the test purchase.

Misuse of Drugs Act 1971 Drugs – Miscellaneous Examples

The following examples are miscellaneous to those included within the headed pages relevant to specific Drugs offence types.

Recording of Unidentified Drug Types

Where a search recovers a number of different suspected types of controlled drugs, however, it is unknown as to what they are or suspected to be, only one crime is required to be recorded until analysis has been carried out. Where it is strongly suspected that the substance recovered is in fact a specific drug type then this should be recorded separately.

Example 1

A search results in the recovery of a quantity of tablets which consist of three different types and are suspected to be controlled drugs. It is strongly suspected that one type is ecstasy with the remaining two types being unknown pending analysis.

- 2 crimes should be recorded (1 for the tablets which are suspected to be ecstasy and 1 for the remaining unknown tablets pending analysis). The offence will be determined by the quantity recovered.

Drugs Searches and Warrant Execution

Example 2

Police force entry to a house under authority of a drugs search warrant. An occupant of the house is seen to throw a package later confirmed as being controlled drugs out of a window.

- 1 x Misuse of Drugs Act 1971, S23, Obstruct

- 1 x Misuse of Drugs Act 1971 offence appropriate to quantity of drugs

Example 3

Police attend at house to execute a drugs search warrant. Occupants of the house obstruct entry by barricading the door on learning the purpose of Police visit.

- 1 x Misuse of Drugs Act 1971, S23, Obstruct

Example 4

Having reasonable suspicious that ‘A’ may be in possession of controlled drugs ‘A’ is advised they were being detained in terms of Section 23 of Misuse of Drugs Act 1971 for a search. ‘A’ then runs off.

- 1 x Misuse of Drugs Act 1971, S23(4)(a), Obstruct (in terms of S23 ‘obstruction’ is not limited to physical obstruction but covers any act done with intent to hinder officers in the discharge of their duties’).

Drugs - Intercepted in Post

Example 5

Staff at Royal Mail sorting office alert Police to a suspicious package which is later opened and contents found to contain a controlled drug intended for delivery at an address in Division Z.

- To allow enquiry to be undertaken 1 x Misuse of Drugs Act 1971, S19 & S5 (2), Attempt to possess controlled drug, should be recorded by Division Z. The level of enquiry that is conducted is an operational matter for Z Division. If there is insufficient evidence to report an offender at the conclusion of the enquiry the crime report may be reclassified to ‘No Crime’. If an operational decision is made not to pursue any enquiry from the outset no crime requires to be recorded but the incident should be updated with the reasons why.

35/001 - Mobbing and Rioting

General Rule

One crime for each incident

Definition

When a number of persons assemble and combine for a common purpose to the alarm of the lieges and in breach of the peace. Three elements are therefore necessary to the constitution of this crime:

(i) concourse;

(ii) illegal combination; and

(iii) alarm in the minds of the lieges.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

A large group of persons run up a main street wielding sticks and baseball bats, throwing bottles and shouting threats towards a rival gang, in turn terrorising the public.

- 1 x Mobbing and Rioting

Note

The mob must act to the alarm of the lieges and in breach of the peace, but it is not necessary that the mob should proceed to the execution of the common purpose or commit acts of actual violence or that there should be noise or tumult or threatening gestures; it is sufficient if the mob assembles for the purpose of intimidating people in the lawful performance of their duties.

The law holds that every member of the mob is guilty art and part of all the acts committed by the mob in pursuance of the common purpose, but separate and independent acts committed outwith the scope of the common purpose are chargeable only against the persons concerned.

Offensive Weapons Act 2019, Section 6(1) Possession of corrosive substance in a public place

43/015 - Possession of corrosive substance (used in crime)

43/016 - Possession of corrosive substance (not used in crime)

General Rule

One crime for each corrosive substance

Definition

Section 6 - Having a corrosive substance in a public place without reasonable excuse or lawful authority

(1) A person commits an offence if they have a corrosive substance with them in a public place.

(4) It is a defence for a person charged in Scotland with an offence under subsection (1) to show that they had a reasonable excuse or lawful authority for having the corrosive substance with them in a public place.

(5) Without prejudice to the generality of subsection (4), it is a defence for a person charged in Scotland with an offence under subsection (1) to show that they had the corrosive substance with them for use at work.

(6) A person is to be taken to have shown a matter mentioned in subsection (4) or (5) if,

(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

“corrosive substance” means a substance which is capable of burning human skin by corrosion;

“public place”, in relation to Scotland, means any place other than premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling).

Section 7 – Presumption as to Content of Containers

(2) Where,

(a) a substance is found in a container (whether open or sealed), and

(b) there is on the container a description of the contents of the container, the substance found is to be presumed to be a substance of that description.

(3) Subsection (4) applies where,

(a) an open container is found,

(b) a substance has been poured out of, or otherwise removed from, the container,

(c) the container is empty or contains an amount of the substance mentioned in paragraph (b) which is insufficient to allow analysis of it, and

(d) the container has on it a description of its contents.

(4) The container is to be presumed to have contained, immediately before the action mentioned in paragraph (b) of subsection (3) was taken, a substance of the description mentioned in paragraph (d) of that subsection.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

Person found in a public street in possession of plastic bottle containing a substance meeting the definition of a ‘corrosive substance’ without reasonable excuse.

- 1 x Offensive Weapons Act 2019, S6 (1), Possession of Corrosive Substance (not used in crime).

39/011 - Perjury and Subornation

General Rule

One crime for each accused

Definition

Wilfully making a false statement on oath or affirmation equivalent to oath. Subornation of perjury consists in counselling or inducing a person to give false testimony in a judicial proceeding. It is immaterial what means are used to seduce the witness. But the crime is not complete unless the witness submits to the seduction and gives false evidence. An attempt to suborn is committed as soon as the inducement to give false evidence has been offered to the witness.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

Person submits information of application for divorce documentation, swearing to this information on oath before the notary public, signing affidavit, well knowing the information to be false.

- 1 x Perjury and Subornation

Example 2

Two Police Officers gives false evidence under oath against the same case in a court of law.

- 2 x Perjury and Subornation

Note

To constitute perjury the oath or affirmation must be made in a judicial proceeding, either civil or criminal, before a person duly qualified to administer the oath or affirmation. It is immaterial in what form and ceremony the oath is administered if the person taking the oath assents or does not object. The falsehood must be deliberately made on a matter of fact and not of opinion or belief. It is not perjury if the false statement is due to faulty recollection or misapprehension of the facts. The falsehood must be direct and unequivocal. The falsehood must be pertinent and material to the point at issue. Perjury cannot be committed in respect of evidence which is incompetent. In proving perjury it is not sufficient to show a discrepancy between two statements, one of which was made on oath. To secure a conviction it is necessary to prove that the statement was false and that the accused knew that it was false.

38/013 - Police and Fire Reform (Scotland) Act 2012, Section 90(2) (a) and 90(2) (b) Obstruct/Hinder Constable in Pursuance Of Lawful Duty

General Rule

One crime for each accused (unless acting together)

Definition

Section 90(2)

(2) It is an offence for a person to resist, obstruct or hinder—

(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.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

When being requested to allow a search of accused’s person, being obstructive.

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

Example 2

On police officers advising ‘A’ they are under arrest, ’A’ runs off.

- 1 x Attempt to Pervert the Course of Justice

Example 3

2 persons are arrested for the same case and on being searched both obstruct the police from finding drugs which they have concealed on their person.

- 2 x Police and Fire Reform (Scotland) Act 2012, S90 (2) (a), Obstruct Police (if Police were exercising their powers under the Misuse of Drugs Act 1971, S23 at the time the appropriate crimes would be 2 x Misuse of Drugs Act 1971, S23 (4) (a)).

Example 4

During the search of a public house lavatory, 2 employees obstruct constables from checking cistern where a weapon has been concealed.

- 1 x Police and Fire Reform (Scotland) Act 2012, S90 (2) (a) (both accused acting together).

Example 5

‘A’ on being brought into Police custody refuses to leave their cell to provide DNA and fingerprint samples.

- No crime to be recorded. While Criminal Procedure (Scotland) Act 1995, Section 18 gives Police powers to obtain such samples it does not create any criminal offence for failure to comply with these requirements. Per Section 19(B) a constable may use reasonable force to obtain these samples. In circumstances where a suspect has been offered legal advice to the effect that he must comply and then the physical resistance has been so great that even with the exercise of reasonable force it is impossible for Police to obtain the required sample a crime of Attempt to Defeat the Ends of Justice can be considered.

Note

Obstruction of a Police Officer/Staff should be recorded under the Police and Fire Reform (Scotland) Act 2012 and not the Emergency Workers (Scotland Act 2005.

Officers have no powers to stop members of the public filming or taking photographs of them in the course of executing their duties in public places i.e. where the member of the public has a legal right to be. However, where the conduct is impeding or obstructing an officer in the lawful execution of their duties the individual may be committing an offence in terms of an obstruction (Police and Fire Reform (Scotland) Act 2012 or potentially a Breach of the Peace. Whether such an offence is being committed will depend on the particular nature of the incident and the manner in which the filming is being carried out.

38/007 - Police and Fire Reform (Scotland) Act 2012, Section 90(2) (a) and 90(2) (b) Resist

General Rule

One crime for each accused (unless acting together)

Definition

Section 90(2)

(2) It is an offence for a person to resist, obstruct or hinder—

(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.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

Officers arrest two persons at same locus for assaulting an individual, one of whom struggles with officers in an attempt to resist arrest.

- 1 x Assault

- 1 x Police and Fire Reform (Scotland) Act 2012, S90 (2) (a), Resist (if both resisted arrest and there was an indication they were acting together only 1 crime would be recorded).

Example 2

While being arrested a person violently resists Police and two officers are slightly injured by flailing arms during the struggle.

- 1 x Assault

- 1 x Police and Fire Reform (Scotland) Act 2012, S90 (2) (a), Resist (the injury to the officers occurred during the struggle and not by a physical attack so no requirement to record police assault).

Example 3

While being arrested a person violently resists police. When handcuffs have been applied the suspect head-butts one officer and kicks another.

- 1 x Police and Fire Reform (Scotland) Act 2012, S90 (2) (a), Resist (if both resisted where acting together only 1 crime would be recorded).

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

38/006 - Police and Fire Reform (Scotland) Act 2012, Section 91 Escape From Custody

General Rule

One crime for each incident

Definition

Section 91

(1) It is an offence for a person—

(a) to remove a person from custody, or

(b) to assist the escape of a person in custody.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

When ‘A’ is arrested by police, ‘B’ and ‘C’ grab ‘A’ and attempt to release ‘A’ from the hold of the officers in an attempt to rescue ‘A’.

- 1 x Police and Fire Reform (Scotland) Act 2012, S91 (1) (b), Assist escape of person in custody.

38/010 - Police and Fire Reform (Scotland) Act 2012, Section 92 Personation of Police

General Rule

One crime for each accused

Definition

Section 92

(1) It is an offence for a person (not being a constable)—

(a) to impersonate a constable with an intent to deceive, or

(b) to do anything calculated to suggest that the person is a constable.

(2) It is an offence for a person (other than a constable) to possess any article of police uniform without the permission of the Authority.

(3) It is a defence for a person charged under subsection (2) to prove that the article—

(a) was obtained lawfully, and

(b) is in the person’s possession for a lawful purpose.

(4) It is an offence for a person (other than a constable) to wear, without the prior permission of the Authority, any article of police uniform in circumstances where it gives an appearance so nearly resembling that of a constable as to be calculated to deceive.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

A report is received that a motorist ‘A’ was stopped whilst out driving on a quiet road by ‘B’ a person purporting to be a police officer, driving an unmarked vehicle who produced a card, which ‘A’ presumed was an ID card, and stated they were a police officer. On another vehicle approaching, ‘B’ quickly warned ‘A’ regarding their driving and left. Enquiry reveals it is unlikely that ‘B’ was a police officer.

- 1 x Police and Fire Reform (Scotland) Act 2012, S92 (1) (a), Personation of police.

Example 2

Two persons claiming to be Police officers show fake ID cards to two tourists asking to see their wallets to examine their money to ensure it was genuine. The suspects then make off with both wallets.

- 2 x Police and Fire Reform (Scotland) Act 2012, S92 (1) (a), Personation of police

- 2 x Theft

39/013 - Protection from Harassment Act 1997, Section 9 Breach of Non-Harassment Order (Civil Court)

General Rule

One crime for each accused

Definition

Any person who is in breach of a non-harassment order made under Section 9 of the Protection from Harassment Act 1997, is guilty of an offence.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

‘A’ Breaching Non-Harassment Order (Civil) set at Edinburgh Sheriff Court by making contact with ‘B’ when previously instructed to make contact through solicitor.

- 1 x Protection from Harassment Act 1997, S9, Breach of Non-Harassment Order (Civil Court)

Note

Breaches of Non-Harassment Orders that have been imposed as a result of criminal proceedings should be recorded as a contravention of Criminal Procedure (Scotland) Act 1995, Section 234A.

Once the condition has been breached, the accused continues to be in breach until they appear in court.

Section 8 of the Protection from Harassment Act, 1997 states:-

(1) Every individual has a right to be free from harassment and, accordingly, a person must not pursue a course of conduct which amounts to harassment of another and a) is intended to amount to harassment of that person, or b) occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person.

(2) An actual or apprehended breach of subsection (1) may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question; and any such claim shall be known as an action of harassment.

For the purpose of this section, ‘conduct’ includes speech; ‘harassment’ of a person includes causing the person alarm or distress, and a ‘course of conduct’ must involve conduct on at least two occasions.

44/007 - Psychoactive Substances Act 2016, Sections 4 to 9 Production, Import/Export, Supply, Possession in Custody

General Rule

One crime for each drug type and/or accused

Definition

Section 2

(1) In this Act “psychoactive substance” means any substance which—

(a) is capable of producing a psychoactive effect in a person who consumes it, and

(b) is not an exempted substance (see section 3).

(2) For the purposes of this Act a substance produces a psychoactive effect in a person if, by stimulating or depressing the person's central nervous system, it affects the person's mental functioning or emotional state; and references to a substance's psychoactive effects are to be read accordingly.

(3) For the purposes of this Act a person consumes a substance if the person causes or allows the substance, or fumes given off by the substance, to enter the person's body in any way.

Sections to be recorded under SGJD Code 44/007

S4 Producing a psychoactive substance
S5 (1) Supplying a psychoactive substance
S5 (2) Offering to supply a psychoactive substance
S7 (1) Possession with intent to supply a psychoactive substance
S8 (1) Import a psychoactive substance
S8 (2) Export a psychoactive substance
S9 (1) Possession of a psychoactive substance in a custodial institution

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

No examples

44/008 - Psychoactive Substances Act 2016, Sections 26, 27 and 48 Other offences

General Rule

One crime for each drug type and/or accused

Definition

Section 2

(1) In this Act “psychoactive substance” means any substance which—

(a) is capable of producing a psychoactive effect in a person who consumes it, and

(b) is not an exempted substance (see section 3).

(3) For the purposes of this Act a person consumes a substance if the person causes or allows the substance, or fumes given off by the substance, to enter the person's body in any way.

Sections to be recorded under SGJD Code 44/008

S26 (1) Failing to comply with a prohibition order or premises order
S27 (2) Failing to comply with an access prohibition
S27 (3) Failing to comply with an access prohibition - obstruct
S48 (1) Obstruction of an enforcement officer
S48 (2) (a) Fail to comply with a requirement or direction
S48 (2) (b) Preventing a person from complying with a requirement or direction

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

No examples

Restriction of Offensive Weapons Act 1959, Section 1(1A) Prohibition on the possession of certain dangerous knives in a private place

43/017 - Possession of certain dangerous knives in a private place (Used in Crime)

43/019 - Possession of certain dangerous knives in a private place (Not Used in Crime)

General Rule

One crime for each weapon

Definition

Section 1(1A)

- Any person who possesses any knife of a kind described in subsection (1) is guilty of an offence.

Subsection 1 provides the following definitions:

(a) any knife which has a blade which opens automatically—

(i) from the closed position to the fully opened position, or

(ii) from a partially opened position to the fully opened position,

by manual pressure applied to a button, spring or other device in or attached to the knife, and which is sometimes known as a “flick knife” or “flick gun”; or”.

(b) any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever, or other device, sometimes known as a “gravity knife”.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

Police carry out a drugs search on a property and recover a butterfly knife and a flick knife, within the bedroom used by the suspect.

- 2 x Restriction of Offensive Weapons Act 1959, S1 (1A), Possession of a dangerous knife in a private place (not used in the commission of a crime).

Example 2

Police carry out a drugs search on a property and recover a small quantity of diamorphine, along with a butterfly knife and a flick knife, within the bedroom used by the suspect.

- 1 x Misuse of Drugs Act 1971 S5 (2), Possession of a controlled drug.

- 1 x Criminal Justice Act 1988, S141 (1A), Possession of a prohibited offensive weapon in a private place (not used in crime) – for butterfly knife.

- 1 x Restriction of Offensive Weapons Act 1959, S1A – Possession of a dangerous knife in a private place (not used in the commission of a crime) – for flick knife.

Example 3

Police on searching a suspect in a public place recover a flick knife in their possession.

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S49 (1), possession of knife (not used in the commission of a crime).

Note

Subsection 1A to Section 1 of Restriction of Offensive Weapons Act 1959 was introduced following the enactment of Part 4 of the Offensive Weapons Act 2018, Section 44 on 27 March 2023 which amended the 1959 Act.

Prior to the introduction of Subsection 1A it was only an offence to possess such dangerous knives in a public place, prison or school. For public places these offences are still recordable under Criminal Law (Consolidation) (Scotland) Act 1995, Section 49 with other parts of Section 49 applying to possession in prisons and schools. This will not change and Section 1A above will only be used to record possession in private. The sentencing profile is higher for possession in a public place, prison or school.

38/018 - Sexual Offences Act 2003 Notification Offences

General Rule

One crime for each notification failure

Definition

A person is subject to the notification requirements for a period set out in S82 of this Act if –

(a) he is convicted of an offence listed in Schedule 3 of this Act;

(b) he is found guilty of such an offence by reason of insanity;

(d) in England and Wales or Northern Ireland, he is cautioned in respect of such an offence.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

An offender fails to notify a change of address and the fact they had gone on holiday to Tunisia for a two week period.

- 1 x Sexual Offences Act 2003 for failure to notify address change

- 1 x Sexual Offences Act 2003 for failure to notify their intention to travel outwith the UK

Note

The following Sections of this Act refer to the various notification requirements.

Section 83 - Initial Notification
Section 84 - Changes
Section 85 - Periodic Notification
Section 86 - Travel outside the United Kingdom
Section 91 - Offences relating to notification –

(1) a person commits an offence if he,

(a) fails without reasonable excuse to comply with S83 (1), 84(1), 84(4) (b), 85(1), 87(5A) or (5B), or 89(2) (b) or any requirement imposed by regulations made under Section 86(1); or

(b) notifies to the police, in purported compliance with S83 (1), 84(1) or 85(1) or any requirement imposed by regulations made under S86 (1), any information which he knows to be false.

A person commits an offence under paragraph (a) of subsection (1) above on the day on which he first fails, without reasonable excuse, to comply with S83 (1), 84(1) or 85(1) or a requirement imposed by regulations made under S86 (1), and continues to commit it throughout any period during which the failure continues; but a person must not be prosecuted under subsection (1) more than once in respect of the same failure.

Contact must be made with Offender Management Units who will provide advice regarding appropriate recording.

39/015 - Sexual Offences Prevention Orders (SOPOs)

General Rule

See below

Definition

A person commits an offence if, without reasonable excuse, they does anything which they are prohibited from doing by-

a sexual offences prevention order;
an interim sexual offences prevention order;
an order under Section 5A of the Sex Offenders Act 1997;
an order under Section 2, 2A or 20 of the Crime and Disorder Act 1998;
an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998

Complainer

Procurator Fiscal

Locus

Where offence committed

General Rules

The following are the general principles to be followed:

By committing a substantive crime 'A' is also found to be breaching a condition of their SOPO.
- Record substantive crime and show breach of SOPO as an aggravation.
By committing a substantive crime 'A' is also found to be breaching two conditions of their SOPO.
- Record crime and show breaches of SOPO as an aggravation.
'A' commits no crime but has breached two separate conditions of SOPO at the same time at the same locus.
- Record 1 x Breach of SOPO
'A' commits no crime but has breached the same condition of SOPO at the same locus on different days.
- Record 1 x Breach of SOPO (continues to be in breach until reported)
'A' commits no crime but has breached Condition 1 of SOPO on Day 1 and Condition 2 of SOPO on Day 2.
- Record 2 x Breach of SOPO
'A' commits no crime but has breached the same condition of SOPO at different locations on the same day.
- Record 1 x Breach of SOPO (continues to be in breach until reported)
'A' commits no crime but has breached Condition 1 of SOPO at Locus X and Condition 2 of SOPO at Locus Y.
- Record 2 x Breach of SOPO
'A' commits substantive crime at Locus 1 the circumstances of which are in breach of Condition 1 of SOPO. 'A' then breaches Condition 2 of SOPO at Locus 2.
- Record substantive crime and 1 x Breach of SOPO
'A' commits substantive crime at Locus 1 the circumstances of which are in breach of condition of SOPO. 'A' breaches the same condition of SOPO the following day also al Locus 1.
- Record substantive crime only and show breach of SOPO as an aggravation (continues to be in breach until reported)

Examples

Example 1

Sex offender breaches condition of Order by entering a swimming pool on nine different days and breaches a further condition by conversing with a child under 16 years.

- 2 x Sexual Offences Act 2003, S103, Breach of Sexual Offences Order (due to there being two separate conditions being breached on different days).

Example 2

Sex Offender breaches condition of Order by entering swimming pool. Whilst there they engage a 14 year old child in non- consensual sexual conversation.

- 1 x Sexual Offences (Scotland) Act 2009, S7 Communicating Indecently (breach of SOPO is an aggravation of the sexual offence committed).

35/003 - Trespass

General Rule

One crime for each incident

Definition

A person commits the offence of trespass if he trespasses on land in the open air and, in relation to any lawful activity which persons are engaging in or are about to engage in, does anything which is intended by him to have the effect, of intimidating persons or deter them from engaging in that activity, or obstructing/disrupting that activity.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

A group of persons acting together trespass on land in order to obstruct the felling of woodland.

- 1 x Criminal Justice and Public Order Act 1994, S68 (1), Obstruct lawful activity.

Contact

Email: Justice_Analysts@gov.scot

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Information

Group 5 – Crimes against Society

Crime Category - SGJD Code

39/014 - Antisocial Behaviour etc. (Scotland) Act 2004, Section 9 Breach of Antisocial Behaviour Order

General Rule

Definition

Complainer

Locus

Examples

Note

40/000 - Conspiracy

General Rule

Definition

Complainer

Locus

Example

39/001 - Contempt of Court

General Rule

Definition

Complainer

Locus

Examples

Criminal Justice Act 1988, Section 141(1A) Prohibition on the possession of offensive weapons in a private place

43/018 - Possession of prohibited offensive weapon in a private place (Used in Crime)

43/020 - Possession of prohibited offensive weapon in a private place (Not Used in Crime)

General Rule

Definition

Section 141

Complainer

Locus

Examples

Note

40/001 - Criminal Justice and Licensing (Scotland) Act 2010, Section 28, 30 and 31 Offences relating to Serious Organised Crime

General Rule

Definition

Section 28

Section 30

Section 31

Complainer

Locus

Examples

Note

39/002 - Criminal Justice (Scotland) Act 2016, Schedule 1-1(1) Breach of Undertaking or Investigative Liberty Conditions

General Rule

Definition

Offence of breaching condition

Locus

Examples

Note

Criminal Law (Consolidation) (Scotland) Act 1995 Possession of an Offensive Weapon

Where not used in the commission of a crime

43/001 - Section 47(1) Public Place

43/007 - Section 49A (2) School Premises

43/006 - Section 49C (1) (a) In Prison

Where used in the commission of a crime

43/009 - Section 47(1) Public Place

43/013 - Section 49A (2) School Premises

43/011 - Section 49C (1) (a) In Prison

General Rule

Definition

Complainer

Locus

Examples

Where not used in the commission of a crime

Where used in the commission of a crime

Note

Criminal Law (Consolidation) (Scotland) Act 1995 Having an article with a blade or point

Where not used in the commission of a crime:

43/003 - Section 49(1) Public Place

43/004 - Section 49A (1) School Premises

43/008 - Section 49C (1) (b) In Prison

Where used in the commission of a crime:

43/010 - Section 49(1) Public Place

43/012 - Section 49A (1) School Premises

43/014 - Section 49C (1) (b) In Prison

General Rule

Definition

Complainer

Locus

Examples