Scotland

Hi What's the law on selling roses, cowboy hats, glow sticks etc on a Friday and Saturday night outside nightclubs and pubs? Can anyone freely sell anything they wish without any form of licence/permission? Or do they require something and if so, what? And what if any powers do the police have in terms of not having permission to sell?

I've seen lots of stuff for sale on eBay and other sites selling 'Ex-Police' garments with the Blue and White Chequered Tape on them, but whats the law on wearing the garments in public? I know Door/Security staff wear them sometimes, but I've also seen motorcyclists wearing them aswell. So, is it only illegal when you attach Police and other restricted badging on them. Thanks guys

The leading case governing the offence of breach of the peace is Smith v Donnelly 2001 SCCR 800. It was held in that case that “what is required to constitute the crime is conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community.†It also stated that, “something substantially greater than mere irritation is involvedâ€, adding “what is required… is conduct which does present as genuinely alarming and disturbing, in its context, to any reasonable person.†The above case law definition sets out the general legal test, which must be satisfied before behaviour can be considered to be a breach of the peace. Unless tho…

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Does anyone know more about the change yesterday to allow a solicitor to be present during any Sec 14 interview? There was a brief mention when I was last out but it didn't go into much details. Is it a case of we can interview if the solicitor says they can't be out for several hours (given the 6 hour requirement)? How prevelant is it in terms of solicitors coming out at 3am? Is this a permanent response to the European Ruling or is this pending further review?

My friend has received fiscal warning from crown and procurator service. He still has some confusion about this warning letter. 1. Does he need to reply it if he decide to accept this warning? 2. What should he do if he decide to appeal against this warning letter. Thank you.

I don't really understand Scottish arrest powers and procedure, so I was wondering whether you guys could help me out. As I understand it, you can detain someone you reasonably suspect of an offence, whereas you can arrest someone if you have sufficient evidence to charge. Now it is English law that once you have sufficient evidence to charge someone, you have to charge them (unless you release them), and additionally that generally you are not allowed to interview someone who has been charged or whom there is sufficient evidence to charge. If it's the same in Scotland then you wouldn't be allowed to interviewing someone whom you've arrested. I was wondering therefore…

A friend is just about to qualify as a nurse and looking for some information surrounding what evidence she would need to provide the police in order for us to kick a door in if she suspects there is someone inside at risk, ie a diabetic taking a hypo...etc. Any information would be much appreciated! Peter.

My 12 year old nephew has asked me to buy him a BB gun. It's one of the cheap low powered ones, not the rifle type. In any case I plan on taking the works out before giving it to him. He's a big US cops fan, and wants to keep it as a display on his dresser with an NYPD badge copy I gave him. The reason i'm telling you all this is I understand the laws on gun copies have changed recently. Am I allowed to give him something like this even if it doesn't work ? I haven't bought it yet.

Not sure if this is in the right section, but only really applies to Scottish cops so here will do. Leading on from a discussion I had with a friend last night, I'd be interested to hear what others would do in this situation. You're outside your own force area for whatever reason and come across a driver who you believe to be drunk. Naturally you stop him, but where do you go from there? Do you carry out the roadside procedure, book him into the local nick and put him on the intoxometer there, or do you shout up a local crew to do everything? The first option is obviously the more proactive, but there are loads of logistical issues to overcome - will you have a log …

Hello folks... Here's a question... What legislation, if any, could be used in relation to blue lights fitted to the front of a van? Now I'm not talking the standard little LEDs you get - although I'm not a huge fan of those either to be honest - these were super bright and although they weren't flashing, I saw the van from a good half mile away in my rear view mirror and I did think it was an emergency vehicle, especially considering it was approaching at speed... Any thoughts? Cheers. Jazz Hands!

This is an ongoing issue for many, particularly myself! I am currently an NHS employee, and as of last December, the NHS removed car parking charges in Scottish hospitals, as many of you will know. However, you are now only allowed to park for 4 hours - and obviously most staff work more than that! For a hospital the size of the Southern GEneral, staff without parking permits (which I personally feel have been dostributed unfairly) have been provided with 54 spaces. My question however is, is it illegal to park for longer than 4 hours in these spaces, where they have a private company CP Plus running the car park? At present they have no way of monitoring how long peo…

source - http://www.dontriskit.info/andthelaw.html The Scottish executive and ACPOS have announced the above campaign using powers under the Road Traffic offenders act 1988 to seize vehicles. It'll be interesting to see if this continues after the festive season. On a slight aside - has anyone seized a vehicle for drink driving yet? Monk

When i have my dog in the car is it illegal for her not to be restrained.

I was thinking of buying an Motorola MTH800 soon and would i be committing a crime if i went in public with this. As my local police force (Lothian & Borders Police) do use Motorola MTH800. Thank you