Scottish Crime Recording Standard: Crime Recording and Counting Rules
Crime recording and counting rules for the Scottish Crime Recording Standard (SCRS). These are overseen, approved, maintained and developed by the Scottish Crime Recording Board (SCRB).
Group 7 – Miscellaneous Offences
Crime Category - SGJD Code
- Various Articles - 85/013
Air Weapons and Licensing (Scotland) Act 2015 - 55/001
Civic Government (Scotland) Act 1982, S7 (1)
- Street Traders Licence - 72/004
Civic Government (Scotland) Act 1982, S51
- Handling obscene material - 59/001
Civic Government (Scotland) Act 1982, S54 (1)
- Playing instruments, radios, singing etc. - 73/004
Civic Government (Scotland) Act 1982, S119 (1)
- Charitable collections - 85/002
Communications Act 2003, S127 (1)
- Offensive, Indecent, Obscene, Menacing (Non Sexual) - 84/002
Communications Act 2003, S127 (2)
- False Messages, Persistent Calls - 84/002
Computer Misuse Act 1990, S1 and 2
- Unauthorised access - 84/006
Copyright, Designs and Patents Act 1988, S107
- Copyright offences - 83/007
- Bomb hoaxes - 48/002
Criminal Law (Consolidation) (Scotland) Act 1995, S20 (1) to S20 (4)
- Sports grounds, possessing alcohol, controlled containers - 62/013
Customs and Excise Management Act 1979, S50
- Import prohibited goods - 77/000
- Failure to control - 51/012
Data Protection Act 2018, S170 - 84/005
Dogs (Protection of Livestock) Act 1953, S1
- Worrying livestock on agricultural land - 51/008
- Tampering with meters - 85/008
Emergency Workers (Scotland) Act 2005, S1, S2, S3
Fire (Scotland) Act 2005, S85 (1)
- Hoax calls to emergency services - 48/001
- Firearms and Shotgun certificates - 55/000
- Possession of firearms by persons previously convicted - 55/000
Fireworks and Pyrotechnic Articles (Scotland) Act 2022, S21, S44
- Providing fireworks or pyrotechnic articles to children - 54/000
- Aggravation of offences against emergency workers
Fireworks Regulations 2004, R4 (1)
- Fireworks (Scotland) Regulations 2004, R3 (1) - 54/000
Marriage (Scotland) Act 1977, S24
- Bigamy - 76/001
Prisons (Scotland) Act 1989, S41
- Proscribed articles - 85/001
Tobacco and Primary Medical Services (Scotland) Act 2010
- Sale of tobacco products to persons under 18 - 50/010
Trespass (Scotland) Act 1865, S3
- Lighting fires - 82/002
- Lodging without consent of owner - 82/003
Wildlife Crime - Various
Wireless Telegraphy Act 2006 - 84/001
85/013 - Air Navigation Order 2016 Various articles (excluding endangering an aircraft)
General Rule
One crime for each incident
Definition
Offences under Air Navigation Order 2016 include:
- Article A242 Drunk on board aircraft/enter aircraft drunk
- Article A243 Smoke on board aircraft
- Article A244 Fail to obey command
- Article A245 (a) Use threatening, abusive or insulting words towards aircraft crew members
- Article A245 (b)Behave in a threatening, abusive or insulting manner
- Article A245(c) Interfere with crew member's duties
Victim/Complainer
Person subjected to conduct or airline
Locus
Where crime takes place
Examples
No examples
Note
Offences under aviation legislation which involve endangering an aircraft will be recorded within Group 4 under the relevant legislation coded to 33/016 Culpable and Reckless Conduct against an aircraft.
The Air Navigation (Amendment) Order 2020 introduced amendments to the Air Navigation Order, 2016 on 31 December, 2020. Based on the updated legislation in respect of small unmanned aircraft, on occasions it will be difficult to confirm an offence under the Air Navigation Order has occurred without tracing the pilot and/or aircraft. Where reports are received consideration should be given as to whether the circumstances would amount to an alternative offence, e.g. S38 of Criminal Justice and Licensing (Scotland) Act 2010.
55/001 - Air Weapons and Licensing (Scotland) Act 2015, Sections 2(1) and 6(4) Air Weapons Licensing Offences
General Rule
- Section 2(1) – one crime to cover all air weapons not on certificate
- Section 6(4) – one crime for each condition not complied with
Definition
Section 2 - Use, possess, purchase or acquire air weapon without holding air weapon certificate
(1) It is an offence for a person to use, possess, purchase or acquire an air weapon without holding an air weapon certificate.
Section 6 - Fail to comply with condition attached to the holder's certificate
(1) Every air weapon certificate is subject to any prescribed mandatory conditions.
(2) The chief constable may, when granting or renewing an air weapon certificate, attach conditions to the certificate (and, in the case of a renewal, may attach different conditions from those attached to the certificate prior to its renewal).
(3) The chief constable may not attach to an air weapon certificate a condition which is inconsistent with—
(a) a prescribed mandatory condition which applies to air weapon certificates, or
(b) a condition which must be attached to the certificate under this Part.
(4) It is an offence for a holder of an air weapon certificate to fail to comply with a condition attached to the holder's certificate.
Complainer
Procurator Fiscal
Locus
Where crime takes place
Examples
No examples
Note
In circumstances where a weapon is found in the possession of a person where it is suspected that the weapon is a firearm, shotgun or air weapon but further enquiry or forensic analysis is required to confirm this, a single undetected crime should be recorded in accordance with the weapon type suspected which can be reclassified to ‘No Crime’ or proceeded to SPR as appropriate at the conclusion of the enquiry.
Finding weapons in a public place where ownership/possession cannot be attributed to any person requires no crime to be recorded.
72/004 - Civic Government (Scotland) Act 1982, Section 7(1) Street Traders Licence
General Rule
One crime for each incident
Definition
Any person who without reasonable excuse does anything for which a licence is required under Part II of this Act without having such a licence.
A licence, to be known as a “street trader’s licence”, shall be required for street trading by a person, whether on his own account or as an employee.
“street trading” means doing any of the following things in a public place—
(a) hawking, selling or offering or exposing for sale any article;
(b) offering to carry out or carrying out for money or money’s worth any service,
to any person in the public place and includes doing any of these things therein or from a vehicle or in or from a kiosk or moveable stall not entered in the valuation roll except where it is done in conjunction with or as part of a retail business being carried on in premises abutting the public place.
Complainer
Procurator Fiscal
Locus
Where crime takes place
Examples
Example 1
Person found to be attending at various dwellings offering for sale pencil drawings without a licence.
- 1 x Civic Government (Scotland) Act 1982, S7 (1)
Example 2
Person is found standing on a street corner offering for sale a quantity of fake designer brand handbags. They have no licence to trade.
- 1 x Civic Government (Scotland) Act 1982, S7 (1)
- 1 x Trade Marks Act 1994, S92 (1) (c)
Note
The Pedlars Act 1871 could be considered as an alternative to Civic Government (Scotland) Act 1982, S7 (1) depending on the circumstances and Local Authority arrangements.
59/001 - Civic Government (Scotland) Act 1982, Section 51 Handling Obscene Material
General Rule
One crime for each incident
Definition
Publish, distribute, sell, or expose for sale, any lewd, impure or obscene book, paper, writing, print, picture, drawing or other representation which is devised and intended to corrupt public morals and to create inordinate and lustful desires.
Complainer
Procurator Fiscal
Locus
Where crime takes place
Examples
No examples
Note
Where these offences involve indecent photographs or images of children the crimes are recorded under Group 2 Sexual Crimes. See relevant page relating to SGJD code 18/018 (Civic Government (Scotland) Act 1982, Section 52).
73/004 - Civic Government (Scotland) Act 1982, Section 54(1) Playing Instruments, Radios, Singing, etc.
General Rule
One crime for each incident
Definition
Any person who
(a) sounds or plays any musical instrument;
(b) sings or performs; or
(c) operates any radio or television receiver, record player, tape-recorder or other sound producing device;
so as to give any other person reasonable cause for annoyance and fails to desist on being required to do so by a constable in uniform, shall be guilty of an offence.
Complainer
Procurator Fiscal
Locus
Where crime takes place
Examples
Example 1
Police receive a call of loud music and on attending at locus can hear the noise from the pavement. The occupier is requested to either lower the volume or switch the music off and complies.
- No crime requires to be recorded as the person has complied.
A further call is received shortly after the police leave the locus resulting in police re-attending to find the music had been turned on again and was being played loudly.
- 1 x Civic Government (Scotland) Act 1982, S54 (1)
Note
This offence can be dealt with by way of an Antisocial Behaviour Fixed Penalty Notice (FPN).
85/002 - Civic Government (Scotland) Act 1982, Section 119(1) Charitable Collections
General Rule
One crime for each incident
Definition
Any person who organises a public charitable collection in respect of which the local authority for the area in which it is to be held have not given their permission. This does not apply to a collection which takes place in the course of a public meeting or to a collection which takes place by means of an unattended receptacle kept in a fixed position in a public place.
Victim/Complainer
Person reporting, or depending on circumstances, the Procurator Fiscal
Locus
Where crime takes place
Examples
Example 1
A person is seen on the High Street rattling a can and says they are collecting money for charity. They have no identification from the charity they claim to be collecting on behalf of and no obvious permit from the local authority.
- 1 x Civic Government (Scotland) Act 1982, S119 (1)
- 1 x Fraud (if established not a genuine charity collector)
84/002 - Communications Act 2003, Section 127(1) Grossly Offensive, Indecent, Obscene, Menacing Calls/Messages (Non Sexual)
General Rule
One crime for each victim and continuity of action or per incident (as appropriate)
Definition
A person is guilty of an offence if he:
(a) sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character, or
(b) causes any such message or matter to be sent.
Victim
Person receiving the call/message
Locus
Where made from/sent, if known, otherwise where received.
Examples
Example 1
Person creates website inviting others to place comments of a menacing nature regarding an individual, resulting in numerous persons adding comments of a menacing nature.
- 1 x Communications Act 2003, S127 (1) (Non-Sexual)
Example 2
‘A’ reports receiving a threatening e-mail and on enquiry it is established this is a spam message which will have been sent to numerous e-mail addresses, with no one in particular being targeted.
- This would be recorded as an Incident only
Example 3
Conditions of bail are set that ‘B’ should not contact ‘A’. ‘B’ telephones ‘A’ and threatens them, breaching ‘B’s’ bail condition.
- 1 x Communications Act 2003, S127 (1) (Non-Sexual) (the Breach of Bail offence is treated as an aggravation of the Communications Act 2003 S127 offence).
Example 4
'A' phoned 'B' and during the call 'A' was subject to menacing abuse from 'B'.
- 1 x Communications Act 2003, S127 (1) (Non-Sexual) the locus being where 'B' is (see note below regarding locus)*.
Example 5
'A' who resides in 'X' Division sends a threatening e-mail to 'B' who resides in 'Z' Division.
- 1 x Communications Act 2003, S127 (1) (Non-Sexual) the locus being 'Z' Division unless there is clear evidence to confirm that the communication was sent from 'X' Division.
Example 6
'A' at home address in 'X' Division reports receiving a threatening telephone call from 'B' who is in prison in 'Z' Division. Prison staff confirm 'B' was in prison at the material time.
- 1 x Communications Act 2003, S127 (1) (Non-Sexual) recorded by Division 'X' (if corroboration that call was made from the prison or an admission by suspect to this effect the locus would be Division 'Z').
Example 7
'A' sends abusive text messages to 'B' and while the comments make some sexual references, the overall content of the messages is deemed to be more abusive than sexual.
- 1 x Communications Act 2003, S127 (1) (Non-Sexual)
Example 8
'A' reports receiving racist abuse on social media.
- 1 x Communications Act 2003, S127 (1) (Non-Sexual) with a Racial aggravator due to the message having been sent electronically. Similar recording principles would apply if abuse was received via telephone or e-mail.
Note
Where a report is received that a number of telephone calls over a period of time have been received from the same person or persons acting together with the same purpose, only one crime should be recorded even if dates and times are available.
SGJD Code 16/041 is applied where the communication is sexual and 84/002 where it is non-sexual.
The Sexual Offences (Scotland) Act, 2009 was introduced on 1 December 2010. As a result of this legislation, circumstances which may have previously been recorded as a Communications Act 2003 offence may now be more suited to an offence of Communicating Indecently under Sections 7, 24 or 34.
Whilst the locus is normally identified as where the call was made from if known, otherwise where call received, Example 4 above would be an exception to this rule. The locus being where the suspect was if this could be confirmed.
84/002 - Communications Act 2003, Section 127(2) False or Persistent Calls/Messages
General Rule
One crime for each victim and continuity of action or per incident (as appropriate)
Definition
A person is guilty of an offence if he:
(a) sends by means of a public electronic communications network a message that is known to be false,
(b) causes such a message to be sent, or
(c) persistently makes use of a public electronic communications network.
Victim
Person receiving the call/message
Locus
Where made from/sent, if known, otherwise where received.
Examples
Example 1
’A’ reports receiving a number of texts from ‘B’ and although the content of the texts are not concerning they are starting to cause some problems ‘A’ and their current partner. ‘A’ states they have asked ‘B’ to cease contact but does not feel they are being taken seriously. ‘A’ asks if the police would advise ‘B’ to cease from making contact with them.
- Since ‘A’ has no concerns regarding the content of the messages and is aware of who is sending them, discretion can be applied and the individual advised on their conduct.
Example 2
‘A’ reports receiving text messages from ‘B’ seeking to meet up. Police have already advised ‘B’ at the request of ‘A’ to cease from making contact, and whilst this stopped for several weeks, ‘B’ has started sending messages again.
- 1 x Communications Act 2003, S127 (2) (since ‘B’ has already been advised by police to cease contact, they have failed to heed this advice, therefore, a crime should be recorded).
Example 3
‘A’ reports having received numerous telephone calls over a period of two weeks, and on answering, no one responds at the other end. They have no thoughts as to who this could be.
- ‘A’ should make enquiry with the telephone company in the first instance as there is nothing to indicate any criminal intent and this may be a line fault.
Example 4
False e-mail messages sent to numerous addresses from the same sender.
- 1 x Communications Act 2003, S127 (2)
Note
Where false messages have been sent about an individual or group of individuals, the expectation is that this will result in adverse consequences for that individual or group of individuals for a crime to be recorded.
For an offence to be regarded as ‘persistent’ a series of communications must have an element of frequency and a connecting theme or factor.
Messages must be "for the purpose" of causing annoyance, anxiety or inconvenience rather than it being enough that causing annoyance, anxiety or inconvenience was "a" purpose.
Where a report is received that a number of telephone calls over a period of time have been received from the same person or persons acting together with the same purpose, only one crime should be recorded even if dates and times are available.
For the purposes of Sections 2 and 3 of the Emergency Workers (Scotland) Act 2005, circumstances to which a person is responding are to be taken to be emergency circumstances if the person believes and has reasonable grounds for believing they are or may be emergency circumstances. Emergency circumstances will be taken to exist if the person responding to them has reasonable grounds to believe that there are or will be emergency circumstances. This means that a hoax call will be covered under the Emergency Workers (Scotland) Act 2005 despite the fact that there is no actual emergency.
Such reports should be resolved to the satisfaction of the complainer and police officers should retain discretion in dealing with such matters.
84/006 - Computer Misuse Act 1990, Sections 1 and 2 Unauthorised access to computer material Unauthorised access with intent to commit further offences.
General Rule
One crime per victim/offence
Definition
Section 1 - Unauthorised access to computer material
(1) A person is guilty of an offence if—
(a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer, or to enable any such access to be secured;
(b) the access he intends to secure, or to enable to be secured, is unauthorised; and
(c) he knows at the time when he causes the computer to perform the function that that is the case.
(2) The intent a person has to have to commit an offence under this section need not be directed at—
(a) any particular program or data;
(b) a program or data of any particular kind; or
(c) a program or data held in any particular computer.
Section 2 - Unauthorised access with intent to commit or facilitate commission of further offences.
(1) A person is guilty of an offence under this section if he commits an offence under section 1 above (“the unauthorised access offence”) with intent—
(a) to commit an offence to which this section applies; or
(b) to facilitate the commission of such an offence (whether by himself or by any other person); and the offence he intends to commit or facilitate is referred to below in this section as the further offence.
(3) It is immaterial for the purposes of this section whether the further offence is to be committed on the same occasion as the unauthorised access offence or on any future occasion.
(4) A person may be guilty of an offence under this section even though the facts are such that the commission of the further offence is impossible.
Victim/Complainer
Person or organisation targeted
Locus
Where crime takes place
Examples
Example 1
‘A’ accesses the personal computer of ‘B’ without authority and gains access to passwords which allows them to access a bank account belonging to ‘B’. ‘A’ transfers £2000 from the bank account of ‘B’ to their own account.
- 1 x Computer Misuse Act 1990, S2, Unauthorised access with intent to commit further offences
- 1 x Fraud
83/007 - Copyright, Designs and Patents Act 1988, Section 107
General Rule
One crime for each seizure
Definition
(1) A person commits an offence who, without the licence of the copyright owner -
(a) makes for sale or hire, or
(b) imports into the United Kingdom otherwise than for his private and domestic use, or
(c) possesses in the course of a business with a view to committing any act infringing the copyright, or
(d) in the course of a business-
(i)sells or lets for hire, or
(ii)offers or exposes for sale or hire, or
(iii)exhibits in public, or
(iv)distributes, or
(e) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright, an article which is, and which he knows or has reason to believe is, an infringing copy of a copyright work.
(2) A person commits an offence who-
(a) makes an article specifically designed or adapted for making copies of a particular copyright work, or
(b) has such an article in his possession, knowing or having reason to believe that it is to be used to make infringing copies for sale or hire or for use in the course of a business.
(2A) A person who infringes copyright in a work by communicating the work to the public-
(a) in the course of a business, or
(b) otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,
commits an offence if he knows or has reason to believe that, by doing so, he is infringing copyright in that work.
(3) Where copyright is infringed (otherwise than by reception of a communication to the public)-
(a) by the public performance of a literary, dramatic or musical work, or
(b) by the playing or showing in public of a sound recording or film, any person who caused the work to be so performed, played or shown is guilty of an offence if he knew or had reason to believe that copyright would be infringed.
Complainer
Procurator Fiscal
Locus
Where crime takes place/seizure made
Examples
Example 1
Person is found in possession of a quantity of digital versatile discs and compact discs with music content with a view to selling, distributing or letting for hire such property bearing a sign identical to that of a registered trademark.
- 1 x Copyright Designs and Patents Act 1988, S107 (1) (d)
- 1 x Copyright Designs and Patents Act 1988, S107 (1) (c)
- 1 x Copyright Designs and Patents Act 1988, S107 (1) (a)
- 1 x Trade Marks Act 1994, S92 (1) (c)
Note
In the majority of cases offences of this type will be libelled along with Trade Marks Act 1994, S92 (1) which will follow the same counting rule. The reference page for this classification is located within Annex 3.
48/002 - Criminal Law Act 1977, Section 51 Bomb Hoaxes
General Rule
One crime for each continuity of action, or per incident (as appropriate)
Definition
(1) A person who:
(a) places any article in any place whatever; or
(b) dispatches any article by post, rail or any other means whatever of sending things from one place to another, with the intention (in either case) of inducing in some other person a belief that it is likely to explode or ignite and thereby cause personal injury or damage to property is guilty of an offence, and
(2) A person who communicates any information which he knows or believes to be false to another person with the intention of inducing in him or any other person a false belief that a bomb or other thing liable to explode or ignite is present in any place or location whatever is guilty of an offence.
Complainer
Organisation being threatened
Locus
Where call is made from, if known, otherwise where received
Examples
Example 1
Telephoning 999 stating that a bomb had been left in a shopping trolley next to exit of Department Store in the High Street and would be activated by lunchtime.
- 1 x Criminal Law Act 1977, S51 (locus is where 999 call is received)
Note
The crime should be recorded in the Division of origin. However, if the origin of the threat were unknown, the crime would be recorded in the area in which the bomb hoax call was received.
62/013 - Criminal Law (Consolidation) (Scotland) Act 1995, Section 20(1) to 20(4) Sports grounds, possessing alcohol, controlled containers
General Rule
One crime for each accused
Definition
Section 20(1) Any person who,
(a) is in possession of a controlled container in; or
(b) while in possession of a controlled container, attempts to enter
the relevant area of a designated sports ground at any time during the period of o designated sporting event shall be guilty of an offence
Section 20(2) Any person who
(a) is in possession of alcohol in; or
(b) while in possession of alcohol, attempts to enter
the relevant area of a designated sports ground at any time during the period of a designated sporting event, shall be guilty of an offence
Section 20(3) Any person who has entered the relevant area of a designated sports ground and is in possession of a controlled article or substance at any time during the period of a designated sporting event at the ground shall be guilty of an offence.
Section 20(4) Any person who, while in possession of a controlled article or substance, attempts to enter the relevant area of a designated sports ground at any time during the period of a designated sporting event at the ground shall be guilty of an offence.
Complainer
Procurator Fiscal
Locus
Where crime takes place
Examples
Example 1
'A' is found in possession of a flare within a sports ground.
- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S20 (3), Possess a controlled article or substance within a sports ground.
Example 2
A flare is thrown from the crowd at a football stadium:
(a) No-one is injured and the person responsible is traced but has no flares in their possession
- 1 x Culpable and Reckless Conduct
(b) No-one is injured, the person responsible is traced and is found in possession of an unlit flare.
- 1 x Culpable and Reckless Conduct
- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S20 (3), Possess a controlled article or substance within a sports ground.
(c) One person is struck with the flare and sustains a minor injury. The person responsible is traced but has no flares in their possession.
- 1 x Culpable and Reckless Conduct
(d) No-one is injured and the person responsible is not traced.
- 1 x Culpable and Reckless Conduct (undetected)
Example 3
Person notifies police that there is a drunk man within the football ground. Officers identify and apprehend the offender and identify that he is also in possession of a bottle of whisky.
- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S20 (7) for being drunk
- 1 x Criminal Law (Consolidation) (Scotland) Act, 1995, Section 20(2) (a) for possessing alcohol
77/000 - Customs and Excise Management Act 1979, Section 50 Import Prohibited Goods
General Rule
One crime per consignment of goods
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.
Complainer
Procurator Fiscal
Locus
Where crime takes place or intended delivery destination
Examples
Example 1
Staff at airline goods depot in ‘Y’ Division contact Police regarding a suspicious package intended for delivery at an address in ‘X’ Division. On further inspection the package is found to contain stun guns, martial arts weapons and hunting knives.
- 1 x Customs and Excise Management Act 1979, S50 recorded by ‘X’ Division
51/012 - Dangerous Dogs Act 1991, Section 3 Keeping Under Proper Control
General Rule
One crime for each accused
Definition
If a dog is dangerously out of control in any place (whether or not a public place)
(a) the owner; and
(b) if different, the person for the time being in charge of the dog,
is guilty of an offence, or, if the dog while so out of control injures any person or assistance dog, an aggravated offence under this subsection.
For the purposes of this Act a dog shall be regarded as dangerously out of control on any occasion on which there are grounds for reasonable apprehension that it will injure any person or assistance dog, whether or not it actually does so, but references to a dog injuring a person or assistance dog or there being grounds for reasonable apprehension that it will do so do not include references to any case in which the dog is being used for a lawful purpose by a constable or a person in the service of the Crown.
Victim
Person making complaint or injured party
Locus
Where crime takes place
Examples
Example 1
A dog which is tied up on a short lead outside a shop bites a person walking past the shop.
- Since a person has been bitten this should be investigated by police in the first instance to determine whether there was a reasonable apprehension that the dog would injure someone. This will include obtaining evidence from other parties who may be able to speak to the dog previously being aggressive, barking, jumping up or biting. If no such apprehension exists no crime should be recorded but the enquiry officer should report the circumstances to the Local Authority for their consideration under Control of Dogs (Scotland) Act 2010.
Note
Before recording an offence under Dangerous Dogs Act 1991, Section 3 officers should consider the following:
Do we have a sufficiency of evidence to establish both the following factors:
(i) That the accused is the owner of the dog;
The owner of the dog should always be properly cautioned detained and questioned to provide clear evidence of their ownership of the dog, how the incident arose, what steps they had taken to prevent attacks and whether the dog had ever bitten or been aggressive towards anyone in the past.
(ii) That there was a reasonable apprehension that the dog would injure someone.
Case law requires that we should be able to either (a) lead evidence from other parties (such as neighbours of the accused or people who have previously reported the dog for similar offences) who can speak to the dog previously being aggressive, barking, jumping up or biting; or (b) by showing that the current incident went on for a sufficient amount of time that parties witnessing it may have formed the impression that the dog was going to injure someone, yet the accused did not take action.
Therefore, officers should always speak to the neighbours about the demeanour of the dog and try to establish whether the dog has ever been aggressive in the past and police systems should be checked for this information.
The Control of Dogs (Scotland) Act 2010 gives an authorised officer (officer appointed by a Local Authority) power to serve a Dog Control Notice requiring the person to bring and keep the dog under control. The Police will have a supporting role to play in upholding the legislation and will require to co-operate and work in partnership with Local Authorities. When Police receive complaints from the public about dogs which are thought to be out of control a judgement should be made as to whether they need to investigate the matter themselves, divert the complainant to the appropriate Local Authority, or alert the Local Authorities themselves.
Police should investigate in the first instance if a person is bitten by a dog.
In circumstances where a Local Authority agree to deal with a dog owner under Control of Dogs (Scotland) Act 2010 there is no requirement for Police to record any crime.
The dog control notice regime is essentially a Local Authority implemented administrative scheme which covers a wide range of individuals and is aimed at improving and educating irresponsible owners to responsible control their dogs. The issue of a dog control notice itself does not establish a criminal offence. Failing to comply with a dog control notice will constitute an offence under Section 5 of the legislation.
For the purposes of the Control of Dogs (Scotland) Act 2010 a dog is out of control if:
(a) it is not being kept under control effectively and consistently (by whatever means) by the proper person,
(b) its behaviour gives rise to alarm or apprehensiveness on the part of any individual, and
(c) the individual's alarm or apprehensiveness is, in all circumstances, reasonable.
The apprehensiveness above may be as to the individual's own safety, the safety of some other person, or the safety of an animal other than the dog in question.
84/005 - Data Protection Act 2018, Section 170
General Rule
One crime for each system accessed
Definition
(1) It is an offence for a person knowingly or recklessly –
(a) to obtain or disclose personal data without the consent of the controller,
(b) to procure the disclosure of personal data to another person without the consent of the controller, or
(c) after obtaining personal data, to retain it without the consent of the person who was the controller in relation to the personal data when it was obtained.
(4) It is an offence for a person to sell personal data if the person obtained the data in circumstances in which an offence under subsection (1) was committed.
(5) It is an offence for a person to offer to sell personal data if the person—
(a) has obtained the data in circumstances in which an offence under subsection (1) was committed, or
(b) subsequently obtains the data in such circumstances.
Complainer
Procurator Fiscal
Locus
Where crime takes place
Examples
Example 1
Employee accesses personal data from a company database on six occasions in the knowledge that he did not have permission to access this information.
- 1 x Data Protection Act 2018, S170
Example 2
Employee accesses personal data of others from three separate company databases in the knowledge that he did not have permission to access this information.
- 3 x Data Protection Act 2018, S170
Example 3
‘A’ reports that they are of the opinion that their medical records have been altered.
- No crime requires to be recorded unless ‘A’ can provide sufficient information to confirm or on the balance of probability assess this is the case. Enquiry should be made with the relevant agencies in an effort to either confirm or dispel criminality.
Note
It should be noted that an offence in terms of the Data Protection Act is an evidence based offence and no crime would be expected to be recorded unless there was sufficient information to either confirm or assess on the balance of probability an offence has occurred.
51/008 - Dogs (Protection of Livestock) Act 1953, Section 1 Worrying livestock on agricultural land
General Rule
One crime for each accused
Definition
If a dog worries livestock on any agricultural land, the owner of the dog, and, if it is in the charge of a person other than its owner, that person also, shall be guilty of an offence.
Complainer/Victim
Livestock owner
Locus
Where crime takes place
Examples
No examples
Note
In this Act:
“Worrying livestock” means
- chasing livestock in such a way as may reasonably be expected to cause injury or suffering to the livestock or, in the case of females, abortion, or loss of or diminution in their produce, or
- being at large (that is to say not on a lead or otherwise under close control) in a field or enclosure in which there are sheep.
“Agricultural land” means
- land used as arable, meadow or grazing land (including woodland that is used for grazing), or for the purpose of poultry farming, pig farming, the raising of game birds, market gardens, allotments, nursery grounds or orchards;
“Livestock” means
- cattle, sheep, goats, swine, horses, camelids, ostriches, farmed deer, enclosed game birds or poultry, and for the purposes of this definition “cattle” means bulls, cows, oxen, buffalo, heifers or calves, “horses” includes donkeys and mules, “farmed deer” means deer of any species which are on agricultural land enclosed by a deer-proof barrier and kept by way of business for the primary purpose of meat production, “enclosed game birds” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan that are being kept enclosed prior to their release for sporting purposes, and “poultry” means domestic fowls, turkeys, geese or ducks.
85/008 - Electricity Act 1989 Tampering with meters
General Rule
One crime for each incident
Definition
Schedule 7(11)
An offence is committed:
If any person intentionally or by culpable negligence—
(a) alters the register of any meter used for measuring the quantity of electricity supplied to any premises by an electricity supplier; or
(b) prevents any such meter from duly registering the quantity of electricity supplied.
Complainer
Energy supplier
Locus
Where crime takes place
Examples
Example 1
Person deliberately alters electricity meter in order to provide false reading to energy supplier.
- 1 x Electricity Act 1989, S31 (per Schedule 7(11))
Example 2
Person bypasses electricity meter allowing electricity to be used without incurring cost. Meter bypassed in a dangerous manner leaving wires exposed in a public area which presented a real danger of electrocution and risk of fire. Estimated that £1100 of electricity has been used.
- 1 x Electricity Act 1989, S31 (Per Schedule 7(11)) note theft of electricity is subsumed within the offence of bypassing the meter.
- 1 x Culpable and Reckless Conduct
Note
Offences under this legislation may be dealt with directly by the energy supplier. If this is the case and they have primacy over the investigation there is no requirement for a crime to be recorded.
48/001 - Emergency Workers (Scotland) Act 2005, Sections 1, 2 and 3
Fire (Scotland) Act 2005, Section 85(1)
Hoax/False calls to Emergency Services
General Rule
One crime for each continuity of action or per incident (as appropriate)
Definition
Emergency Workers Act
Circumstances to which a person is responding are to be taken to be emergency circumstances if the person believes and has reasonable grounds for believing they are or may be emergency circumstances. This means that a hoax call will be covered despite the fact that there is no actual emergency.
Fire (Scotland) Act
A person who knowingly gives or causes to be given to a person acting on behalf of a relevant authority a false alarm of –
(a) fire;
(b) a road traffic accident; or
(c) an emergency of another kind,
shall be guilty of an offence.
Complainer
Emergency service
Locus
Where call made from, if known, otherwise where received
Examples
Example 1
Fire alarm in school is set off maliciously causing Fire Service to attend.
- 1 x Fire (Scotland) Act 2005, S85, False call to Fire Service
Example 2
Fire alarm in hotel is set off maliciously. Fire service do not attend.
This is an occasion where discretion may be used not to record a crime but Breach of the Peace may be considered depending on the scale of any disruption caused.
Example 3
A hoax call is made causing Fire Service to attend unnecessarily.
- 1 x Fire (Scotland) Act 2005, S85, False call to Fire Service
Example 4
Persistent hoax calls are made to Police/Ambulance Service by the same person causing officers/paramedics to attend unnecessarily.
- 1 x Emergency Workers (Scotland) Act 2005, S1, Assault, obstruct or hinder emergency worker using Hoax/False calls offence modifier.
Example 5
Persistent 999 calls are received by Police control room which are not hoax calls but are considered to be non-emergency misuse of 999.
- 1 x Communications Act 2003, S127 (2), Persistent annoyance/inconvenience.
Example 6
Persistent 101 calls are received by Police control room which are not hoax calls but are considered to amount to persistent annoyance.
- 1 x Communications Act 2003, S127 (2), Persistent annoyance/inconvenience.
Note
There is no requirement to wait for multiple calls to be made to prove a course of action. Where there is sufficient evidence to prove one call a crime report may be raised.
55/000 - Firearms Act 1968, Sections 1 and 2 Firearms and Shotgun Certificates
General Rules
- Section 1(1) (a) - Possession of firearms without certificate being in force.
- Record - one crime per firearm not on certificate.
- Section 1(1) (b) - Possession of ammunition without certificate being in force.
- Record - one crime per type of ammunition not on certificate.
- Section 1(2) - Fail to comply with conditions of firearms certificate.
- Record - one crime for each condition not complied with.
- Section 2(1) - Possession of shotgun without certificate being in force.
- Record - one crime per shotgun not on certificate.
- Section 2(2) - Fail to comply with conditions of shotgun certificate.
- Record - one crime for each condition not complied with.
Definition
Section 1
(1) Subject to any exemption under this Act, it is an offence for a person—
(a) to have in his possession, or to purchase or acquire, a firearm to which this section applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate;
(b) to have in his possession, or to purchase or acquire, any ammunition to which this section applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate, or in quantities in excess of those so authorised.
(2) It is an offence for a person to fail to comply with a condition subject to which a firearm certificate is held by him.
Section 2
(1) Subject to any exemption under this Act, it is an offence for a person to have in his possession, or to purchase or acquire, a shot gun without holding a certificate under this Act authorising him to possess shot guns.
(2) It is an offence for a person to fail to comply with a condition subject to which a shot gun certificate is held by him.
Complainer
Procurator Fiscal
Locus
Where crime takes place
Examples
No examples
Note
In circumstances where a weapon is found in the possession of a person where it is suspected that the weapon is a firearm, shotgun or air weapon but further enquiry or forensic analysis is required to confirm this, a single undetected crime should be recorded in accordance with the weapon type suspected which can be reclassified to ‘No Crime’ or proceeded to SPR as appropriate at the conclusion of the enquiry.
Finding weapons in a public place where ownership/possession cannot be attributed to any person requires no crime to be recorded.
55/000 - Firearms Act 1969, Section 21 Possession of Firearm by Persons Previously Convicted of Crime
General Rule
One crime for each accused
Definition
A person who has been sentenced to custody for life or to preventive detention, or to imprisonment or to corrective training for a term of three years or more or to youth custody for such a term, or who has been sentenced to be detained for such a term in a young offenders institution in Scotland, shall not at any time have a firearm or ammunition in his possession.
A person who has been sentenced to imprisonment for a term of three months or more but less than three years or to youth custody for such a term, or who has been sentenced to be detained for such a term in a detention centre or in a young offenders institution in Scotland, shall not at any time before the expiration of the period of five years from the date of his release have a firearm or ammunition in his possession.
Complainer
Procurator Fiscal
Locus
Where crime takes place
Examples
Example 1
Husband and wife found in possession of 4 firearms, both having previously been released from prison within the last year.
- 2 x Firearms Act 1968, S21, Possession of Firearm by person previously convicted
54/000 - Fireworks and Pyrotechnic Articles (Scotland) Act 2022, Sections 21 and 44
General Rule
One crime for each incident
Definition
Section 21 – Prohibition on providing fireworks or pyrotechnic articles to children
(1) It is an offence for a person to knowingly –
(a) buy or attempt to buy a firework or other pyrotechnic article to which this section applies for a person under the age of 18, or
(b) give or otherwise make available a firework or other pyrotechnic article to which this section applies to a person under the age of 18.
(3) It is not an offence under subsection (1) for a person to buy a pyrotechnic article for, or otherwise make one available to, a person under the age of 18 if –
(a) the manufacturer of the pyrotechnic article designed it to be used as a visible distress signal, and
(b) the person intends that the person under the age of 18 will use the pyrotechnic article only in appropriate circumstances.
Section 21 applies to all pyrotechnic articles other than—
(i)category F1 fireworks, and
(ii)percussion caps for toys that are intended for use by children under the age of 14,
Section 44 – Aggravation of offences against emergency workers
(1) An offence is aggravated by the use of a firework or pyrotechnic article if—
(a) the offence is committed in a manner that involves the use of a firework or pyrotechnic article which is currently lit or ignited (or which has recently been lit or ignited), and
(b) a victim (or intended victim) of the offence is an emergency worker.
(2) For the purpose of subsection (1), an emergency worker is—
(a) a person—
(i)acting in a capacity mentioned in section 1(3) or 2(3) of the Emergency Workers (Scotland) Act 2005,
(ii)acting in a capacity mentioned in section 90(3) (a), (c) or (d) of the Police and Fire Reform (Scotland) Act 2012,
(iii)who is a constable of the British Transport Police Force and is acting in that capacity,
(b) a person who is assisting such a person in responding to an emergency circumstance.
(3) Evidence from a single source is sufficient to prove that an offence is aggravated by the use of a firework or pyrotechnic article.
Complainer
Procurator Fiscal
Locus
Where crime takes place
Examples
Providing fireworks to children
Example 1
A report is received that children aged under 18 are in a nearby garden with fireworks which are established to be F2 fireworks. A parent identifies themselves and freely states they purchased the items and gave them to the children.
- 1 x Fireworks and Pyrotechnic Articles (Scotland) Act 2022, S21b, Give firework or other pyrotechnic article to person under 18.
- There is no requirement for a Section 21(a) offence in these circumstances.
Example 2
Officers observe an adult pass an object which is established to be a pyrotechnic article to several children aged under 18 who are all in a group outside a shop.
- 1 x Fireworks and Pyrotechnic Articles (Scotland) Act 2022, S21b, Give firework or other pyrotechnic article to person under 18.
There is no requirement for a Section 21(a) offence in these circumstances.
Example 3
Officers see a group of unidentified children aged under 18 in possession of what appear to be pyrotechnics due to smoke being emitted and as officers approach, the children run off and a number of burned out smoke bombs are found.
- No crime requires to be recorded.
Aggravation of offences against emergency workers
Example 1
Firework or pyrotechnic is set off by one individual and directed at ambulance crew, one of whom is struck and injured as a result.
If thrown directly at a specific member of ambulance crew:
- 1 x Emergency Workers (Scotland) Act 2005, S1 (1), Assault of an emergency worker (with ‘Firework/Pyro Emergency Worker’ aggravator).
If thrown in the general direction of ambulance crew:
- 1 x Culpable and Reckless Conduct (with ‘Firework/Pyro Emergency Worker’ aggravator).
Note
Sections 21 and 44 of this legislation commenced from 10 October 2022.
Pyrotechnic Article
“pyrotechnic article” means an article which contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions.
Categories of Fireworks
- “category F1 firework” means a firework which presents a very low hazard and negligible noise level and which is intended for use in confined areas, including a firework which is intended for use inside domestic buildings,
- “category F2 firework” means a firework which presents a low hazard and low noise level and which is intended for outdoor use in confined areas,
- “category F3 firework” means a firework which presents a medium hazard, which is intended for outdoor use in large open areas and whose noise level is not harmful to human health,
- “category F4 firework” means a firework which presents a high hazard, which is intended for use only by persons with specialist knowledge and whose noise level is not harmful to human health.
54/000 - Fireworks Regulations 2004, Regulation 4(1) Fireworks (Scotland) Regulations 2004, Regulation 3
General Rule
One crime for each incident
Definition
Regulation 4(1)
No person under the age of 18 years shall possess an adult firework in a public place.
Regulation 3
No person shall use an adult firework outside permitted hours (permitted hours means the period beginning 1800 hrs and ending at 2300 hrs, with the exception of 5th November when they can be used from 1800 hrs until midnight; New Year’s Eve, the night of Chinese New Year and the night of Diwali when they can be used from 1800 hrs until 0100 hrs).
Regulation 3A
Prohibition of supply of certain fireworks outside permitted hours (permitted hours means the period beginning 0700 hrs and ending at 1800 hrs).
Regulation 3B
Prohibition of supply of certain fireworks in specified circumstances - supply in excess of the permitted quantity (permitted quantity means fireworks with a total mass of explosive substance of 5 kilograms).
There are exemptions to Regulation 3, which includes groups who have a local authority issued public entertainment licence or public liability insurance documents, and professional fireworks operators.
Complainer
Procurator Fiscal
Locus
Where crime takes place
Examples
Example 1
A report of fireworks being set off after 11 pm at night is received, no one is traced.
- The recording of an incident would suffice. This is an evidence based crime and discretion can be used.
Example 2
‘A’ is seen to throw a lit firework in the roadway, there is no vehicle or person nearby.
- 1 x Explosives Act 1875, S80 (where vehicles or persons are in the vicinity, a crime of Culpable and Reckless may be more appropriate).
Example 3
‘A’ sets off fireworks on the public beach without local agreement from the local authority.
- 1 x Explosives Act 1875, S80
Note
On 30 June 2021 the Fireworks (Scotland) Amendment Regulations, 2021 introduced amendments to the Fireworks (Scotland) Regulations.
The Pyrotechnic Articles (Safety) Regulations 2015 covers supplying/selling fireworks to someone under 18.
It is an offence to throw or discharge a firework in a public place. The Explosives Act, 1875, Section 80 refers.
76/001 - Marriage (Scotland) Act 1977, Section 24 Bigamy
General Rule
One crime for each marriage
Definition
Common Law - Bigamy (prior to 1 September 2014)
Any person who wilfully contracts a second (or subsequent) marriage, during the subsistence of a prior marriage.
Marriage (Scotland) Act 1977, S24 (from 1 September 2014)
(A1) A person (“A”) commits an offence if A purports to enter into a marriage with another person (“B”) knowing that either or both—
(a) A is already married to or in a civil partnership with a person other than B, or
(b) B is already married to or in a civil partnership with a person other than A.
(1) A person shall be guilty of an offence if he—
(a) falsifies or forges any Marriage Schedule, certificate or declaration issued or made, or purporting to be issued or made, under this Act;
(b) knowingly uses, or gives or sends to any person as genuine, any false or forged marriage Schedule, certificate, declaration or other document issued or made, or purporting to be issued, or made, or required under this Act;
(c) being an approved celebrant, solemnises a marriage without a Marriage Schedule in respect of the marriage, issued in accordance with this Act, being available to him at the time of the marriage ceremony;
(d) not being an approved celebrant or an authorised registrar, conducts a marriage ceremony in such a way as to lead the parties to the marriage to believe that he is solemnising a valid marriage;
(e) being an approved celebrant or an authorised registrar, solemnises a marriage without both parties to the marriage being present; or
(f) being an authorised registrar, solemnises a marriage in a place otherwise than in accordance with section 18(1) of this Act.
Complainer
Procurator Fiscal
Locus
Where second, or subsequent marriage occurred, if known, otherwise suspect’s current or last known address
Examples
Example 1
Enquiry reveals that ‘A’ having failed to divorce his first wife, has married a further two, who were unaware of previous or subsequent marriages. One marriage occurred in 2010 and another in 2015.
- 1 x Bigamy (common law)
- 1 x Marriage (Scotland) Act 1977, S24
Note
If the second spouse is aware of the subsistence of a prior marriage, he or she is guilty of bigamy, as are the officiating clergyman and witnesses if they have like knowledge.
Section 24 of the Marriage (Scotland) Act 1977 provides for an offence of bigamy for offences committed after the 1st of September 2014.
The common law offence of bigamy applies in relation to:
(a) any marriages or purported marriages entered into before 1st September 2014, and any prosecution in relation to such marriages or purported marriages where proceedings commence or after that date; or
(b) any prosecution for the common law offence of bigamy where proceedings commenced before that date.
If the suspect is a UK national an offence under Section 24 of Marriage (Scotland) Act 1977 applies regardless of where in the World the second marriage takes place provided that the second marriage is a valid marriage.
Prisons (Scotland) Act 1989, Section 41
85/001 - Proscribed articles 44/006 - Bringing drugs into a prison
Other Prison SGJD Codes (Criminal Law (Consolidation) (Scotland) Act 1995)
43/004 - Possession or an article with a blade or point in a prison
43/006 - Possession of an offensive weapon in a prison
43/011 - Possession of an offensive weapon in a prison (used in crime)
43/012 - Possession or an article with a blade or point in a prison (used in crime)
General Rule
One crime for each accused
Definition
A person commits an offence if without reasonable excuse the person,
(a) brings or otherwise introduces into a prison a proscribed article (or attempts to do so),
(b) takes out of or otherwise removes from a prison a proscribed article (or attempts to do so).
A “proscribed article” is
(a) any personal communication device,
(b) any drug,
(c) any firearm or ammunition,
(d) any offensive weapon,
(e) any article which has a blade or is sharply pointed,
(f) any article (or other article) which is a prohibited article within the meaning of rules made under section 39.
Complainer
Procurator Fiscal
Locus
Prison where crime takes place
Examples
Example 1
A letter containing a possession quantity of drugs sent to a prison in Division 'A' posted from Division 'B' is intercepted on arrival at the prison, prior to reaching the intended recipient.
(a) Where the contents of the letter provides details of the sender who resides in Division 'B'.
- 1 x Prisons (Scotland) Act 1989, S41 (1) (a) & (9A) (b), recorded by Division ‘A’ and enquiries carried out. Where enquiries in respect of the sender fail to provide sufficient evidence the crime should be update to ‘No Crime’.
(b) Where the letter is post marked outwith Division ‘A’ but the identity of the sender is not immediately known from the content of the letter.
- No crime requires to be recorded where an operational decision has been made and there are no positive lines of enquiry and it is not proportionate to continue. If a crime is recorded it will be by Division ‘A’.
Example 2
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.
- 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 3
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), Possession of a controlled drug
Example 4
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), Possession of a controlled drug
Example 5
The Prison Service contacts the local police to advise they have recovered a quantity of drugs and a mobile phone, which have been thrown over the perimeter area within a sock, no one has been identified as being responsible.
- Where an operational decision is taken to undertake further enquiry a crime should be recorded. Only the recovery of the controlled drug should be recorded if multiple items are recovered. If the sock contained an offensive weapon and a mobile phone only the offensive weapon should be recorded. If a controlled drug and offensive weapon are recovered only record the controlled drug.
Example 6
After leaving personal effects in a locker and prior to entering the 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) (a) & (9A) b
Example 7
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, Section 41 will be recorded).
Example 8
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 of a controlled drug
Example 9
Prison provide prisoner ‘A’ with a mobile phone fitted with SIM card ‘X’ for personal use. A later search finds ‘A’ using the phone provided with an unauthorised SIM card ‘Z’.
- 1 x Prisons (Scotland) Act 1989, S41ZA (3) (whilst the phone itself and SIM ‘X’ provided were authorised, SIM card ‘Z’ was not. Per S41 (9) (b) the SIM is a component part/article designed for use with the personal communication device).
Note
Before reporting an incident to the Police, the prison will consider each case to assess whether it can be dealt with by means of the prison adjudication system. Where a prisoner has been dealt with by way of the prison adjudication system, this does not remove the ability for the circumstances to also be reported to the Police to be dealt with as a crime. An informed and balanced decision must be taken in making a referral to the Police, taking into consideration any aggravating factors.
In circumstances where a prison inmate is found in possession of a controlled drug which is not being dealt with by the Prison Governor this should be dealt with under Misuse of Drugs Act 1971 and not Prisons (Scotland) Act 1989.
Any offence within the Prison which involves the offer to supply, being concerned in the supply or possession with intent to supply, any class of controlled drug will be reported to the police by the Prison Service and ultimately the Procurator Fiscal under the Misuse of Drugs Act 1971. The relevant crime reports will be created.
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 supply or possession offences. If the STOP Unit can speak to the individual circumstances of the introduction of a drug into a prison as amounting to an offence under the Misuse of Drugs Act 1971 then that legislation will be used in preference to Prisons (Scotland) Act 1989.
50/010 - Tobacco and Primary Medical Services (Scotland) Act 2010, Sections 4 to 7 Sale of tobacco products to persons under 18
General Rule
- One crime for each sale (Sections 4 to 6)
- One crime for each accused (Section 7)
Definition
Section 4
Any person who sells a tobacco product or cigarette papers to a person under the age of 18 years commits an offence.
Section 5
Any person under the age of 18 who buys or attempts to buy a tobacco product or cigarette papers commits an offence.
Section 6
Any person aged 18 or over who knowingly buys or attempts to buy a tobacco product or cigarette papers on behalf of a person under the age of 18 commits an offence.
Section 7
(1) Where a constable has reasonable grounds for suspecting that a person in a public place -
(a) is under the age of 18, and
(b) is in possession of a tobacco product or cigarette papers,the constable may require the person to surrender the tobacco product or, as the case may be, the cigarette papers to the constable.
(2) A constable making a requirement under subsection (1) may also require the person to supply the constable with the person's name and address.
(3) Where a constable makes a requirement under subsection (1) the constable must inform the person concerned -
(a) of the constable's suspicion, and
(b) of the fact that failure to comply with a requirement made under subsection (1) or (2) is an offence.
(4) A constable may arrest without warrant any person who fails to comply with a requirement made under subsection (1).
(5) A person who fails to comply with a requirement made under subsection (1) or (2) commits an offence.
Complainer
Procurator Fiscal
Locus
Where crime takes place
Examples
Example 1
Shopkeeper is found selling cigarettes to three school children who enter the shop in their school uniform.
- 3 x Tobacco and Primary Medical Services (Scotland) Act 2010, S4, Sell tobacco products to person under 18
Trespass (Scotland) Act 1865, Section 3
82/002 - Lighting Fires
82/003 - Lodging without Consent of Owner
General Rule
One crime for each incident
Definition
Every person who lodges in any premises, or occupies or encamps on any land, being private property, without the consent and permission of the owner or legal occupier of such premises or land, and every person who encamps or lights a fire on or near any road or enclosed or cultivated land, or in or near any plantation, without the consent and permission of the owner or legal occupier of such road, land, or plantation.
Victim/Complainer
Owner of premises or land
Locus
Where crime takes place
Examples
No examples
Wildlife Crime
Wildlife crime encompasses any act or omission that is made illegal in Scotland under legislation with regard to certain birds, animals and plants, including their habitats, both on land and at sea, and includes:
- persecution of wildlife, cruelty against wildlife and interference with a wildlife habitat, including the release of non-native species
- poaching
- commercial activity in internationally protected species originating, committed or partly committed within Scotland.
List of relevant legislation, offences and SGJD codes:
1 - Wildlife and Countryside Act 1981
51/004 - Offences involving wild birds
General Rule
One crime for each species
- Section 1(1) - Kill/injure/take wild bird; damage active nest; take/destroy bird's egg
- Section 1(2) - Possess/control live/dead wild bird or part of or anything derived from wild bird, including an egg
- Section 1(5) - Disturb nesting Schedule 1 bird or dependent young; cause or permit
- Section 5(1) - Prohibited methods of killing/taking wild bird; cause or permit
- Section 6(1) - Sell/offer or expose for sale an egg of a bird
- Section 7(1) - Keep/possess/control bird included in Schedule 4 that is registered/ringed/marked
51/014 - Cruelty to Wild Animals
General Rule
One crime for each species
- Section 9(1) - Kill/injure/take wild animal included in Schedule 5
- Section 9(4) - Damage/destroy/obstruct or place that animal on Schedule 5 used for shelter or protection, or disturb such animal while using such place
- Section 11G (1) - Intentionally or recklessly kill/injure/take a wild animal in Schedule 6A
- Section 11I (1) - Sale, possession etc. of wild hares, rabbits etc. killed or taken unlawfully
General Rule
One crime for each incident
- Section 10A (1) - Intentionally or recklessly kill/injure/take a wild hare
General Rule
One crime for snare type
- Section 11(1) Offences with snares
General Rule
One crime for each type of device or poison
- Section 11(2) Offences against Schedule 6 animals
- Section 11(3) Possession, use and checking of snares
51/016 - Other Wildlife offences
General Rule
One crime for each species
- Section 9(2) Possess/control live/dead wild animal or part of or anything derived from wild animal on schedule 5
- Section 9(5) Sell/offer/expose for sale live/dead wild animal on Schedule 5; cause or permit
General Rule
One crime for each plant type
- Section 13(1) Picking, uprooting and destruction of wild plants
- Section 13(2) Sale or offer for sale of wild plants
General Rule
One crime for each accused
- Section 15a Possession of prescribed pesticides
- Section 18(1) Attempts to commit offences
- Section 18(2) Possess item capable of being used to commit offence
2 - Protection of Badgers Act 1992
51/015 - Offences involving Badgers
General Rule
One crime for each Badger
- Section 1(1) Kill/injure/take badger
- Section 2(1) Cruelty to badger
- Section 4 Sell/possess live badger
General Rule
One crime for each incident
- Section 1(3) Possess/control dead badger or any part of anything derived from badger
General Rule
One crime for each Sett
- Section 3(1) Interfering with badger setts
- Section 3(2) Cause or permit
3 - Conservation (Natural Habitats etc.) Regulations 1994
51/014 - Cruelty to Wild Animals
General Rule
One crime for each species
- Regulation 39(1) Protection of certain wild animals
- Regulation 39(2) Protection of cetaceans
- Regulation 41(2) Prohibition of certain methods of taking or killing wild animals
51/016 - Other Wildlife offences
General Rule
One crime for each accused
- Regulation 100(1) - Attempt to commit offence under part III
- Regulation 100(2) - Possess item capable of being used to commit offence under part III
4 - Protection of Wild Mammals (Scotland) Act 2002
51/013 - Hunting with Dogs
General Rule
One crime for each species
- Section 1(1) Deliberately hunt a wild mammal with a dog
5 - Wild Mammals (Protection) Act 1996
51/014 - Cruelty to Wild Animals
General Rule
One crime for each species
- Section 1 Cruelty to a wild mammal which is not captive
6 - Marine (Scotland) Act 2010
56/002 - Sea Fisheries offences
General Rule
One crime for each incident
- Section 107 Intentionally or recklessly kill, injure or take live seal
- Section 117 Harassing a seal at a haul-out site
7 - Control of Trade in Endangered Species Regulations 2018
51/016 Other Wildlife offences
General Rule
One crime for each species
All relevant offences listed within Schedule 1
8 - Deer (Scotland) Act 1996
57/002 - Deer (Scotland) Act offences
General Rule
One crime for each species of Deer
- Section 5(5) Take or kill deer outside the designated close season for the particular species
- Section 17(1) Take, kill or injure deer without legal right or permission
- Section 17(2) Remove deer carcass from land
- Section 17(3) Wilfully kill or injure deer otherwise than by shooting
- Section 18(1) Take or wilfully kill or injure deer at night
General Rule
One crime for each incident
- Section 22 Two or more persons acting together
- Section 24 Attempts and preparations
General Rule
One crime for each accused
- Section 23(1) Unlawful possession of deer or firearms
9 - Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003
56/001 - Salmon and Freshwater Fisheries offences
General Rule
One crime for each incident
- Section 1(1) Fish for or take salmon other than by rod and line or net and cobble
- Section 1(3) Attempts or preparations
- Section 2(1) Fish for or take freshwater fish other than by rod and line
- Section 2(2) Attempts or preparations
- Section 5(1) Use of explosives and noxious substances
- Section 5(2) Attempts or preparations
- Section 6(1) Fish for salmon without right or permission
- Section 7 Two or more persons acting together to commit offence under Sections 1, 2 or 6 of the Act
- Section 8(1) Taking of dead salmon or trout
- Section 8(2) Attempts or preparations
- Section 9(1) Illegal possession of salmon or trout
- Section 11(1) Fishing in waters where fishing rights owned by one person
- Section 12(1) Fish in contravention of a protection order
- Section 13 Fishing during the weekly close time for salmon
- Section 14(1) Fishing for salmon during annual close time
- Section 16(1) Buying and selling salmon during the close season
- Section 17(1) Annual close time for trout
- Section 18(1) Unclean salmon
- Section 19(1) Salmon roe
56/003 - Possession of Salmon or Trout unlawfully obtained
General Rule
One crime for each incident
- Section 20(1) Possessing salmon which have been illegally taken, killed or landed
10 - Conservation of Salmon (Prohibition of Sale) (Scotland) Regulations 2002
56/001 - Salmon and Freshwater Fisheries offences
General Rule
One crime for each incident
Regulation 2 Sell, offer or expose for sale salmon taken by rod and line
11 - Agriculture (Scotland) Act 1948
57/001 - Poaching and Game Laws
General Rule
One crime for each type of trap
- Section 50(1) Offences with non-approved spring traps
- Section 50(1) Offences with spring traps
12 - Dogs (Protection of Livestock) Act 1953
51/008 - Protection of livestock from Dogs
General Rule
One crime for each incident
- Section 1 Offence where dog attacks or worries livestock on agricultural land
84/001 - Wireless Telegraphy Act 2006
General Rule
One crime for each incident
Definition
Section 8
No person shall establish or use a wireless telegraphy station or install or use wireless telegraphy apparatus except under the authority of a licence.
Section 36
Keeping available for unauthorised use
Section 37
Allowing premises to be used for unlawful broadcasting
Section 38
Facilitating unauthorised broadcasting
Section 47
Misleading messages
Section 48
Interception and disclosure of messages
Section 68
Deliberate interference
Complainer
Procurator Fiscal
Locus
Location of apparatus
Examples
Example 1
Two persons in a vehicle are found to be operating a radio scanner tuned into a police radio frequency, allowing them to pick up incidents which they have attended over a two month period to observe.
- 1 x Wireless Telegraphy Act 2006 (continuous course of conduct
Contact
Email: Justice_Analysts@gov.scot
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