Scotland

Swearing and abusive words are not (as far as I understand) a BoP. Unless: "unduly persisted in or accompanied by threats or violent gestures, but, threatening, abusive or insulting language or behaviour with intent or calculated to provoke a breach of the peace or whereby a breach of the peace may be occasioned is a crime at common law." So in a situation where on a fri/sat night some drunk punter is shouting and swearing his head off and once told to stop he continues swearing at police and is abusive about them with his friends - would he be arrested? What would it be under? If it is not a breach of the peace (unless this can be classed as unduly persisted in) how …

Just wondering about the arrest procedures. If someone is arrested for being drunk, how will they know theyve been arrested? Are they given some sort of paper/information about their (dis)charge? Will they be sent a letter? Is it possible to be arrested then released straight away when drunk? Asking because of the big NYE Street Party in Edinburgh.. Friend we lost for some time woke up ("came to") in some sort of first aid area. No recollections, except being sick in the area (but was given a bag) and then later the head 'nurse'(?) said to he should be fine to leave now (actually he wanted to stay). Had wounds on the side on his face, was in his mind that he got hit with…

Having read on the forum recollections of people on the West coast having the naval regulators (as was) out and about patrolling with officers I was surprised to be told of the local situation with the RAF police. Here they very much stay cooped up on base and apparently due to having to operate under PACE only have powers over only military personnel and only when on base, they seem rather bored to be honest. Is this a case of the recollections being very old, different branches of the armed forces police having different regulations and procedures, or something else?

This is probably a seriously dump question, but since I am not yet a Special - I'm using that as an excuse - I figured I would ask. In England a cop can arrest someone alone, right? But in Scotland I was told that there MUST always be two police officers there at any arrest, as it is needed to get a conviction? Can someone explain how this works, or correct me if I am wrong? Cheers

Where does the law currently stand on DJs in clubs? Do they have to be 18? I know bar staf don't have to be 18 if fully supervised (or so trading standards told us when they visited a club i once worked in). Any help would be much appreciated.

Sounding a horn in a stationary vehicle in a built up place (such as a city centre), for no obvious reason. I believe it is an offence, but am interested to know what it falls under and what the penalty would be? Cheers.

In Scotland the onus is on the prosecution to prove guilt and not for an accused to prove his innocence. I assume this is the same in England. More often than not the accused lies in court or says nothing but is ultimately found guilty. Some literature states that it is a witnesses moral duty to provide police with a statement although they cant be compelled to do so. On that basis why does a suspect not have a moral duty to admit to committing a crime / offence in the eyes of the law. After all they have breached the laws of the land however society gifts them a right to SILENCE ultimately causing them to walk free from some horrific offences. Any thoughts?

I was wondering if using two way radios whilst driving was illegal, while I fully understand that using a mobile phone whilst driving carries penalties including points plus a fine even imprisonment in some cases. What is the laws stance on the use of two way radios? Police officers use radios whilst driving, I know that they would be exempt due to obvious arguments just like speeding when it's necessary in the course of one's duty. What I want to know is: Is it illegal/legal/no stance by law concerning use of radios whilst driving by Mop's.

s59 states that: The owner, tenant or occupier of property in respect of which an offence under the Act is being committed or any person authorised by the owner, tenant or occupier of such premises may apprehend any person committing the offence and detain them until delivered into the custody of the police. I always assumed that this was just for s57 + s58. but after further reading and 'guidance' issed by my employer does this include for instance s50 drunk and incapable etc etc, s47 urinates or defecates in public place etc etc

This could have been in scenario city but I'm really looking for a scots law-specific answer, although all replies welcome! A young boy aged seven is playing on his bike in the local park. He is joined by two older boys aged 15-16 years. The older boys decide it would be funny to teach the young lad some pretty nasty swear words and within minutes the seven year old is riding his bike around swearing away needless to say oblivious to what he is saying. The two older boys find this extremely funny. Any Offences? Yes this happened.....

Just wondered what the law was regarding smoking in the communal area of a residential building (ie Stairs of a block of flats). Looking for specifically Scotland but any info is coosty.

Hi all just came across this site and registered as I am always wondering about traffic laws legal and illegal. But I have a question for you lot, I live and work in Glasgow (must be for my past sins … ) The company that I work for has purchased a new van and a new system of doing the job But here is the problem .This new system involves · A man working in and around the van · Working at the side of the road · Laying hoses from the van to the premises of the job 1. do I need any orange warning beacons on the top of the van 2. what kind of signs would it kneed 3. would the driver have to have any Floriss…

If someone has number plates on their car which are not standard (i.e they are in italics for example). Does this make an offence? I was under the impression that it was illegal to drive a car with plates of this nature on? If it is illegal what is the legistlation covering this?

I uncovered what could be serious criminal behavior involving one employee in my office. I immediately brought it to the attention of the person's line manager who decided nothing was to be done before the managing director had been informed. I wanted to call the Police in immediately but was told not to do so. When the managing director turns up in the morning I hope he will be sensible and call the Police in to investigate. What worries me is that if he decides that nothing should be done "for the sake of the company" then I would be uncomfortable with that decision due to the nature of the crime that may have been commited. Is the MD legally bound to report my suspis…

Hello all, i have a question for you regaurding the use of blue and twos on a vehicle use by a coastguard rescue officer responding direct to scene as an initial responce member carrying medical and rescue equipemt. 1 - does this now make the vechicle described as an "emergency vechicle" 2 - a vechicle use by a member of HM coastguard in saving life on the coast does this mean the vechicle can be fitted with blues and two - complying to lighting regs, unlike RNLI - where the vechile must be owned by. Please can someone clear this up as the regs are not 100% thanks