3 Overview of Crime and the Law in Scotland and the UK. Course DescriptorOption 2: Crime and the LawIn the crime and the law context, learners will focus on the causes of crime, the impact of crime on individuals and society and the role of individuals, the police, the legal system and the state in tackling crime.Overview of Crime and the Law in Scotland and the UK.With reference to different types of crime, eg personal and property and different groups affected by crime:♦ Evidence of extent of crime such as official reports and academic research.♦ Causes of crime, such as poverty/deprivation, social exclusion, family influence, peer pressure, alcohol/ drug misuse.♦ Consequences of crime on individuals/ families, communities
4 Exam Questions: Why people commit crime This is just a small sample. A document with potential exam questions is on the school web page.Why people commit crime‘People commit crimes for different reasons.’ Explain why people commit crimes.Social exclusion and poverty often lead to youth crime. Explain, in detail, why social exclusion and poverty often lead to youth crime.These types of questions will test your knowledge. But other questions will test your skills. Please see the school website.
5 Exam Questions: Why people commit crime This is just a small sample. A document with potential exam questions is on the school web page.Why people commit crime‘People commit crimes for different reasons.’ Explain why people commit crimes.‘Some parts of Scotland have higher crime rates than others.’ Explain, in detail, the reasons why some parts of Scotland have higher crime rates than others.Social exclusion and poverty often lead to youth crime. Explain, in detail, why social exclusion and poverty often lead to youth crime.These types of questions will test your knowledge. But other questions will test your skills. Please see the school website.
7 Economic ReasonsWe live in a materialistic society. Status is measured by what people own and to appear ‘normal’ people need certain possessions. People who are unemployed or on a low income often lack the money to get these goods legally. Even when people have what seems like enough income they can still be jealous or envious of what other people have, leading them to commit crime.
8 Social ReasonsLearned Behaviour – family break-ups, absent fathers, poor role models and fewer poor ‘respectable’ communities lead to people having a different idea of what is acceptable or ‘right’ and ‘wrong’ and crime becomes more acceptable. For young people boredom or peer pressure and a rejection of ‘adult’ values can lead to crime for thrills where it is seen as tough and exciting e.g. joyriding. Environment – rural areas and suburbs have fewer social problems than inner city areas and estates. Deprivation, social exclusion and lack of facilities in poor areas has led to alienation where some people, particularly the young, feel cut off from society. Drug and alcohol abuse is much higher in these areas which leads to crime while people are under the influence or to pay for the habit.
9 Government figures show that the 5% most disadvantaged are 100 times more likely to have multiple problems than the most advantaged 50%, including conduct disorders, police contact, cannabis use, mood disorders and alcohol abuse.
10 ‘People commit crimes for different reasons ‘People commit crimes for different reasons.’ Explain why people commit crimes. 4
11 Point Explain ExampleOne reason why people commit crimes is economic. Status is measured by what people own and to appear ‘normal’ people need certain possessions. People who are unemployed or on a low income often lack the money to get these goods legally. Even when people have what seems like enough income they can still be jealous or envious of what other people have. This may lead them to commit crimes such as theft.
12 Main roles of the Police: Protect the public (preservation of life)Prevent crimeKeep law and order (bring criminals to justice)
13 Preventing and Reducing Crime Social crime prevention is where the police work in local communities trying to prevent crime, for example working with young people in schools (“Campus cops”) to educate young people on the dangers of e.g. joining gangs. This can also include working in partnerships with the council to deliver road safety courses in schools, child protection measures and drug referrals.The police also try to physically prevent crime by patrolling and targeting individuals and areas where crime is a problem. Community policing - the Police playing an active role in the local community by walking the streets, visiting schools, liaising with local businesses, visiting neighbourhood watch. The public see the Police on the street, making them feel safe and secure. The "friendly face of the force".
14 ExamplesExample 1 Zero Tolerance - police will not move around in random or routine patrols but instead will target known "troublespots" and "troublemakers". Example 2 The Spotlight Initiative - Set up by Strathclyde Police in 1997 to deal with 'low level' crimes e.g. under-age drinking, which should in effect prevent more serious crimes e.g. assault. Example 3 Neighbourhood Watch - this is a partnership between the local community, the police and the local authority. Example 4 CCTV - The aim of using CCTV is to deter criminals as they are aware that they are being watched Police can also intervene in situations to prevent situations escalating. Example 5 Anti-social Behaviour Task Force - The aim of the Anti-Social Behaviour Task Force is the reduction of anti-social behaviour in communities. The police work with other outside agencies e.g. the Social Work department. Antisocial behaviour orders (ASBOs) are court orders which prevent the perpetrator from specific antisocial behaviours. An ASBO can ban an offender from: continuing the offending behaviour, spending time with a particular group of friends, being in certain areas.
15 Blue Light DiscoFife - Bluelight events are held on a Friday night and run between 7pm and 11pm. The age group targeted by the events are those in the S1 to S4 years. Venues tend to be neutral, e.g. a local college or community centre, to avoid territorial issues. Tickets are sold in advance through Schools, Police stations, Community Wardens, etc. The ticket price is £1 to keep it affordable to all and also includes free travel to and from the events when travelling on Stagecoach buses.On the night of the event, all young people entering the venue are searched and breathalysed. Given that the breath test is not a “legal” requirement, this can be carried out by partners, for example by Community Wardens or Fire Officers. Anyone failing the breath test is immediately taken home to their parents or guardian by the Community Police and the reasons explained to them.
16 a solemn procedure means Using post-its create top and tails exercise on each of the following areas: *Criminal law *Civil law *Decision to prosecute *Solemn Court Procedure *Summary Court Procedure For example:a solemn procedure meansa jury of 15 members of the public listen to the evidence and decide on the verdict
17 High Court of Judiciary The high court is the supreme criminal court in Scotland and it deals with the most serious crimes, such as murder (homicide), culpable homicide, rape, armed robbery, treason and serious sexual offences, particularly those involving children. Sentencing powers: *Life (between 15 & 35 years) *Imprisonment *Unlimited fine *Prior to 1965 they could have given the death sentence
18 The Sherriff CourtCurrently 49 in Scotland, by this is to be reduced to 39 by January 2015Only 21 of these will deal with solemn casesGlasgow Sherriff Court deals with the highest number of cases in Scotland. They hear both civil and criminal cases and use solemn and summary procedures.Deals with crimes such as theft, assault, soliciting, possession of drugs and appeals from a Children’s Hearing.Under Solemn procedure, sheriffs can issue sentences of up to 5 years in prison or an unlimited fineUnder Summary procedure, a sheriff can fine someone up to £10,000 or 12 months in prisonCan also issue non-custodial sentencesTypes of civil case they deal with are, separation, divorce, dissolution of civil partnership, adoption or custody.
19 Justice of the Peace Courts Replace District Courts in 2007Lay court, can be carried out anywhereJustice of the Peace presides with the support of a legally qualified clerkDeal with minor offences, drunk and disorderly, traffic offences.
20 Court of SessionScotland’s supreme civil court and it sits in Edinburgh. It can be used as a court of appeal and is headed by a Lord President. This court recently rejected an appeal brought by the Scotch Whisky Association and other wine and spirits producers against the Scottish Governments new alcohol minimum pricing legislation.
21 Arguments for and against NOT PROVEN verdict Allows judges and juries to show when they are suspicious but not certain if someone is guiltyContinues to be used in Scottish CourtsIt may be better for victims than an innocent verdictJuries can be unfairly influencedEvidence suggests guiltPermanent record for an innocent personUpsetting for victims if not found guiltyConfusing and pointless
22 Custodial SentencingPeople accused of serious crimes may be sent to prison to await their trial. This is called being on remand. If a person is found guilt of a serious crime they may be taken into custody. This means they may be forced to spend time in a prison or a young offender’s institution run by the Scottish Prison Service. At present anyone convicted of a murder automatically receives a life sentence, with guidance to judges to impose a minimum 16 year punishment on those who kill with a knife. If prisoners are well behaved, they may be given parole and released early or be given a non-custodial sentence for the remainder of their time. Using the information above explain, in your own words what a custodial sentence is.
23 Non Custodial sentences are sentences which do not require custody (prison.)
24 It costs around £331m a year to run the SPS It costs around £331m a year to run the SPS. The average cost per prisoner in was £32, % of those released are re-convicted within 2 years.
25 Non-Custodial Sentencing Fine / compensation: Offenders must pay money, perhaps to the victim Fixed Penalty Notice: On-the-spot fines issued by the police for low-level crimes such as littering Supervised Attendance Order – Alternative to prison for those who cannot pay fines Probation: Supervision for 6 months to 3 years, which may be combined with rehabilitation programmes Community Service Order: Requirement to carry out up to 300 hours of unpaid work in the community Restriction of Liberty Order: Offenders are given a curfew and their movements are restricted for 12 hours a day. Offenders must wear a transmitter that alerts the police if they violate their agreed conditions Drug Treatment and testing Order: This is a rehabilitation-based sentence during which people are subjected to random drug testing and court reviews to monitor their withdrawal from drugs Home detention curfew: Offenders must be in an agreed address by a certain time each day and if the curfew is broken they may be sent to prison Community Reparation Order: Offenders must complete up to 100 hours of unpaid work in the community Antisocial Behaviour Order: This bans someone (over the age of 12) from causing disruption with the behaviour. Graffiti, noise pollution and littering. Broken ASBOs can lead up to fines or up to 5 years in prison.