Scotland

So, should the UK Supreme court be prevented from having jurisdiction with cases involving the High Court of Justiciary and human rights appeals for criminal cases should be heard at a European court in Strasbourg?

http://www.legislation.gov.uk/asp/2010/13/section/38/enacted 38 Threatening or abusive behaviour (1)A person (“Aâ€) commits an offence if— (a)A behaves in a threatening or abusive manner, (b)the behaviour would be likely to cause a reasonable person to suffer fear or alarm, and ©A intends by the behaviour to cause fear or alarm or is reckless as to whether the behaviour would cause fear or alarm. (2)It is a defence for a person charged with an offence under subsection (1) to show that the behaviour was, in the particular circumstances, reasonable. (3)Subsection (1) applies to— (a)behaviour of any kind including, in particular, things said or otherwise commu…

does the telecommunications act still stand for reporting people for text messages/voicemail messages or is it the "communications act"? As far as I undertand it's the telecommunications act, but Google would beg to differ.

I see here that http://www.linlithgowgazette.co.uk/news/scottish-headlines/cabinet_backs_laws_on_sectarianism_1_1644344 The max penalty for BoP by "football supporters who cause sectarian disruption at matches or online" is 1 year. Is this the case? I thought that BoP didn't have a "set" max penalty? (scuse brevity and any formatting. Posting from my phone lest I forget to ask)

Hello, I am a Dutch criminal law student and I have to write an essay about how 'insult' is shaped in Scottish law. I thought this could give rise to civil liability (but I don't know exaclty how) and it could also constitute the crime of 'breach of the peace' (which has a wide range). Is this correct? And could someone please give me some more details. The Scottish law is very different from the Dutch law (for example: 'insult' in the Netherlands can only be a crime, so no civil liability). Kind regards, Luuk

in another topic someone mentioned the age is going to be raised from 8 to 10 years old. After doing a bit of 'Googling' I've found a recent 'popular newspaper' article which says the age was raised to 12 years old on 28th March 2011. Is it true?

Person is written to, barring them from entering a shop due to threatening behaviour but person comes back a couple of days later, do any laws cover this? I know that if person continues threatening staff they can be charged with assault but what if they just come in, loiter, cause staff to be concerned. Thanks,

Was looking at the videos of this guy (Seems well known about the forum!) - http://www.policespe...pic=114507&st=0 I was reading the replies on here and hearing the responses of some of the English cops on other videos he has made previously and wanted a Scottish cops perspective on how you would deal with that type of situation? I only passed out of training in November so still new, but my train of thought was a breach of the peace...? But then I started to question that a bit as he mentioned his right to freedom of speech... and I didn't want to confuse myself even further by looking at the English S.5 Public Order... I did look over some notes I have on BoP and…

OK, here is the scenario...... My friend went out with a girl over three years ago and hasn't seen her for the past three years. Over the Christmas / New year period she calls him at 4am in the morning on several occasions (whilst under the influence of alcohol) asking him to go and see her. He told her on each occasion to stop calling as he wasn't interested. She didn't get the message, this went on for over a week. He thought it a good idea to call her in the daytime, hoping she was sober, in order to tell her to stop annoying him / waking him up in the early hours of the morning. He called her three times and there was no reply, just the answering machine, he got a b…

hi guys, first post hope its ok... If you are faced with someone with a knife and ther trying to stab you with it, to what length are you to go to protect urself, without going to jail? i was robbed at knife point once and i flt like running after the person with a brick and hitting him on he head with it, wouldve i got the jail? thats the reason i didnt do it. its crazy, u should have the right to protect urself. ok i understand that may get misused, but what law doesnt. thanku guys

Is it illegal? One of our deliveries has a narrow service road and we can`t see if there is another artic in the yard until we actually drive in. If there is a vehicle in then the artic has to reverse back along the service road,across a Zebra crossing connecting the store to the railway station. I hope one of you guys can answer this and if possible post a link to the legislation! Cheers Guys!

I've noticed that almost all the information on the web about the UK police is centred around E&W. (I especially liked how how2become mentioned there is a difference but left it at that.)There are more forces and officers in E&W so I guess that's fair enough - no grudges . What are the differences? I don't mean this to be a repeat of the "How does Scots law compare to E&W law" questions already asked and answered in here. Perhaps if you pretend that I live under a rock in E&W and come to Scotland and you have to describe how you're different to what I'm used to? :D (...and I don't expect secret operational stuff you're not s'posed to put in pub…

For talking sake you are flying back from Holiday in france and on your 'la'cheap-oline' flight, you notice on the flight that after take off someone is becoming quite unsettled. He appears to be travelling alone, however his behaviour is alarming both staff and other passengers. Eventually staff decide the male needs to be restrained, however he puts up a bit of a fight etc etc, so you recall yourself to duty and assist. Basically do you as a police officer have any authority on an aircraft, be it on international airspace but british registered, or foreign registered etc etc. I tried to google this but the only thing that comes up is examples of people who have been det…

This is completely hypothetical after seeing a cat nearly attack chickens You live on a farm and have chickens. A neighbours cat come's and attacks your chickens, you try to shoo it off without success, so you go indoors and get your air gun and kill it. You then contact the police and advise them on what has happened have you committed any offence? (Scotland)

from what i understand, since specials are "on duty" while carrying their gear to the station, and if they were assaulted would such assault be common assault or assaulting an officer? i assume it is common assault, but i ask as im confused since assaulting an officer must be in the execution of his duty, and your technically on duty... so if for example someone assaulted a plain clothes officer while on the middle of their shift, would that also be common assault since they hadn't had the chance to identify themselves? while of course not the same both are similar in that the officer is not easily recognisable as such even though both are technically "on duty" cheers