National 5 Modern Studies
Crime and Law Revision
Checklist
Section 1: Crime
I can describe and give examples of different types of crime.
I can explain why people commit crime.
Section 2: The Police
I can describe different types of policing.
I can explain advantages and disadvantages of different types of policing.
I can compare different policing strategies.
Section 3: The court system and sentencing
I can describe the adult court system.
I can describe the sentences each court can give.
I can describe different types of non-custodial sentences.
I can explain the advantages and disadvantages of prisons.
Section 1: Crime
Types of Crime
In Scotland in 2010/11 75% of crime involved property crime, while 25% related to violent crime.
Property Crime:
This is all crime that relates to property that is either stolen or damaged. It does not include harm to
individual people.
Personal Theft (non-violent theft): this is when somebody steals an item from somebody
else, for example they might steal from their handbag in a busy coffee shop: 14% of crime
Motor Vehicle theft: people will steal cars either to joyride or to sell on to other and make
money: 7% of crime
Vandalism: this might be when people damage property through graffiti or by breaking
windows. 32% of crime.
Violent Crime:
Assault: this could be when somebody attacks somebody else and injures them.
Murder: you can be convicted of murder if you kill somebody else while taking part in a
criminal act. For example if you somebody sets a house on fire (‘wilful fire raising’) while
somebody is inside and they die.
Public Disorder:
When people are involved in fighting and violent protests, for example the London Riots of 2011.
Youth Crime:
Young people will be involved in specific types of crime due to peer pressure, boredom, labelling and
involvement in gangs. Particularly those who live in inner city areas are more likely to be involved in
some types of crime.
Vandalism e.g. graffiti
Anti-social Behaviour e.g. underage drinking late at night. Loud music or noise disturbing neighbours
Shoplifting e.g. to steal things they might not otherwise be able to buy like alcohol or cigarettes,
expensive games or food.
Gang crime: particularly in parts of Glasgow and London.
Practice questions:
Describe, in detail the types of crime committed by young people.
Describe, in detail property crimes.
Crimes of Dishonesty
Theft by housebreaking, Housebreaking, car theft, shoplifting and fraud.
Traffic Crime
Offences Relating to Motor Vehicles. This includes dangerous and careless driving, drink or
drug driving, speeding offences and driving without a licence.
White Collar Crime
White collar crime refers to people who work in office or sales type jobs, not manual jobs.
It is often hidden crime and harder for police to detect. Types of crimes include fraud,
bribery, computer crimes, forgery and business theft. It is estimate white collar crimes cost
UK companies £4 billion per year.
Blue Collar Crime
Blue-collar crime tends to be more obvious than White Collar crime and attracts more
active police attention e.g. for crimes such as vandalism, shoplifting, house breaking and
selling stolen goods.
Causes of Crime
The causes of crime are complex. Most people today accept that poverty, parental neglect, low selfesteem, alcohol and drug abuse are all connected in explaining why people commit crimes. Some
people are simply at greater risk of becoming offenders because of the circumstances into which
they are born.
Poverty: can cause theft and shoplifting. Can you think why?
People living in poverty can commit crimes such as theft and shop lifting. This could be so
they can buy ‘luxury’ goods such as a TV or basic essentials such as food for themselves and
their family.
Social Exclusion: this is where people feel excluded from ‘normal society’. This may be due
to where they live, having no money due to unemployment, boredom, feeling isolated from
family and friends. Types of crime may be vandalism, shoplifting, theft etc.
Peer Pressure: might cause young people to commit crime such as shoplifting or vandalism
to prove themselves to other people. People may also want to steal the latest phone or
technology to fit in with other friends. This is a major factor with youth and gang crime.
For example, some teenagers may become involved in anti-social behaviour such as drinking alcohol
at weekends or getting involved in street fights with teenagers from other parts of the town.
Attracting and keeping friends is not always easy. Bullying can occur if an individual teenager is seen
to ‘do as they are told all of the time’.
Although criminologists disagree as to the extent of peer pressure as a factor explaining
crime (some criminologists see peer pressure as much less important than other factors
explaining crime), most people would agree that ‘being in with the wrong crowd’ or equally,
‘being part of a good crowd’ can affect someone’ choice of behaviour.
Labelling: some argue that if you ‘label’ somebody as a criminal they are more likely to go
on to commit crime. This is particularly relevant in explaining reoffending rates as some
people may find it difficult to ‘go straight’ with a criminal record so continue to resort to
crime.
Lack of education: poor attainment at school is a key factor for youth crime. Often leads to
boredom, increased gang behaviour crimes such as vandalism, breach of the peace,
shoplifting, assault.
Geographical location: areas of poverty have more crime ‘hot spots’, crimes such as
robberies and crimes of violence. Higher levels of crime are found in urban areas
(city/town) rather than rural areas.
Alcohol & drugs: major factor in violent crimes such as assault. Majority of violent crimes in
the UK committed by people under the influence of alcohol or drugs. Alcohol is now 54% more
affordable in the UK than it was in 1980. It is possible in Scotland today to go beyond the new
guidelines for alcohol (14 units per week) for less than £3. There is strong international evidence that
tackling price can help reduce alcohol consumption and therefore crime.
Alcohol can change your mood or character, some people end up acting in an anti-social manner,
which could affect the quality of life for the people living in the local community.
Revision task: Do some internet research and add examples of types of crime that each of
the above would cause. For example Peer Pressure may cause antisocial behaviour
because groups of young people may be hanging about in the park drinking late at night,
causing noise and disruption but some young people may only be doing this as they feel
forced to by their friends.
Who is affected by crime?
The chances of being a victim of a crime are not the same for every group of people. Some
groups are more likely to be a victim of a crime than others. Young people face higher risks
of crime than older people. The Scottish Crime and Justice Survey found that around one in
six (17.8%) adults aged 16 or over was the victim of at least one crime in 2011-12. However,
26% of 16-24 year olds were victims of crime compared with only 9% of those aged 60 or
older.
The risk of being a victim of violent crime also decreased with age. The risk of being a victim
of violent crime was 7% for 16-24 year olds compared with 1% of those aged over 60 years.
The risk of being a victim of any crime was slightly higher for males than for females. 18%
of males had been the victim of at least one crime in 2011-12 compared with 17% of
females. Around 4% of males experienced violent crime in 2011-12 compared to only 2% of
women. The risk of being the victim of crime was double for people from ethnic minority
backgrounds.
When and where crime happens?
63% of all property crimes took place immediately outside the home. In contrast,
violent crime happened in a number of locations including in or around a pub, bar or club
(22%) and in or near the victim's place of work (19%). Half of all property crime (51%) took
place on a weekday and 36% took place at the weekend. In contrast, 57% of violent crime
took place at the weekend.
Impact of Crime
Local communities – areas of high crime can have devastating harm on local communities.
Can often involve increased gang crime, crimes of violence such as assault, muggings and
robbery. People are often afraid to go out at night in the local community, value of
properties and businesses will decrease. Often such areas have high levels of alcohol and
drug addicts. In Scotland in 2007 there were 455 drugs related deaths – the highest number
ever.
Victims – crime can have a devastating effect on the victims of crime. Victims of internet
fraud/ identity fraud often suffer from financial loss. Victims of violent or robber/house
burglary types often suffer from fear of going out on their own, being in their house on their
own, suffer from a lack of confidence, depression.
Practice questions:
N5
Explain, in detail, why some people commit
crimes. (8marks)
Explain, in detail, why poverty and social
exclusion can lead to crime. (8 marks)
Section 2: The Police
Background
From 1 April 2013, a new, single national police force, based at the Scottish Police College in
Tulliallan, Fife came into being. The Scottish Government believes that one force is sufficient
for a country the size of Scotland. It believes that a single police force is more efficient in
financial terms. It believes the single force will also be able to manage intelligence better
and tackle crime more effectively. Critics believe that the new national service will be too
big and be unresponsive to local community needs.
Arguments for Police Scotland
Arguments against Police Scotland
It will save money. £1.4billion over 15 years.
Different areas have different needs e.g.
urban/rural areas.
Will improve front line policing and provide a
more equal police service throughout
Possible reduction in the number of front
Scotland.
line police officers might lead to an increase
in crime levels.
It will allow a sharing of ideas and policies.
Crime levels have reduced in recent years so
no reason to change police as the old system
works.
Traditionally, police forces in Scotland have been divided into three branches – uniformed,
criminal investigation (CID) and traffic.
In addition, most forces have specialised departments such as under-water units and police
dogs. Most also have a community relations branch which works with the public on crime
prevention. This branch will often build relations with young people and liaise with schools
and community groups.
The Powers of the Police
Arrest
If you have committed a minor offence, such as not paying your fare on a bus, the police
may take your name and address and you may receive a summons. A summons is a
document that demands you appear in court. If you are suspected of a more serious
offence, the police may wish to make further investigations and you may be arrested.
The police do not have the general power to arrest people, they must have reasonable
ground to suspect that someone has committed an arrestable offence or is going to do so.
Arrestable offences include: All serious offences such as murder, rape, robbery, burglary,
theft and offences related to drugs. Less serious offences, such as violent disorder,
causing criminal damage, indecent assault, taking a motor vehicle without the owner's
consent and having alcohol at a football match. Individuals can also be arrested for 'nonarrestable' offences, such as carrying a knife, if you refuse to give your name / address, give
false details or if you have no address, so you cannot be summoned.
Being stopped and searched
The police do have the power to stop and ask for your name and address. They can ask you
where you are going and where you have been. This mostly happens late at night.
The police do not have the general power to search you. They can, however, search you and
your bag if they have grounds for suspecting that they will find stolen or prohibited articles.
They can also search you if they believe you have drugs in your possession. If you are
searched keep calm, if you start to shout and swear you might find yourself arrested for a
more serious offence.
The role of the police
The police have a varied role and will carry it out using different methods and techniques.
Crime prevention
CCTV: used in shopping centres to prevent shoplifting and muggings and also to help police
identify the person who committed the crime.
Speed cameras: to use on roads where people might drive above the speed limit, speed
cameras will prevent people from doing this. There are different types of speed cameras.
Patrols: visibility of police will deter crime.
Maintaining law and order:
Riot police: deal with riots and protests that turn violent.
Mounted patrols: on horses. Can be used at football matches and protests to help prevent
any violence.
Investigating crime:
CID (Criminal Investigation Department) will investigate crimes such as murder by speaking
to witnesses and collecting evidence.
Forensic units: will investigate crime scenes to collect evidence such as fingerprints that may
help the police charge the offender.
Types of Policing:
Police patrols: otherwise known as ‘bobbies on the beat’ when uniformed officers patrol
areas to deter criminals and also provide greater protection for the public as they are very
visible and are able to respond quickly to any crime.
Advantage: highly visible police and promotes better community relations.
Disadvantage: cannot deal with crime that is not seen from the streets – e.g.
domestic violence.
Community police: Community Police Officers spend more time speaking to local people
and getting to know the local area. They may also visit schools to speak to young people
about crime. Although the police have many different roles and specialist branches, the
most effective policing depends on police officers knowing and having the trust of the
communities they serve.
The primary purpose of police community support workers is to improve the
community and offer greater public reassurance. In support of regular police officers they
will work within a targeted patrol area to provide a visible and accessible uniformed
presence; work with partners and community organisations to address anti-social
behaviour, the fear of crime, environmental issues and other factors which affect the
quality of people's lives. For example, reporting vandalism or damaged street furniture,
reporting suspicious activity, providing crime prevention advice, deterring juvenile nuisance
and visiting victims of crime.
All PCSOs will have the following powers: Issuing of fixed penalty notices (e.g. riding on
footpath; dog fouling; litter), Power to confiscate alcohol and tobacco, Power to demand
the name and address of a person acting in an anti-social manner, Power of entry to save
life or prevent damage, Removal of abandoned vehicles.
PCSOs are not police officers. A major part of the work of PCSO's involves tasks that when
undertaken by police officers do not require them to resort to using their full police powers.
All PCSO's will be given full training to enable them to take appropriate action in the
event of difficult circumstances. They will be supervised by police officers and will have
radio access to enable them to call for assistance should it be required.
Advantage: can reduce crime in the community and youth crime.
Disadvantage: have reduced powers or arrest, and also cannot deal with violent
crime as it happens.
‘Zero Tolerance’: When police target an area of high crime with increased number of police
officers and patrols and arrest people for petty crimes – e.g. not allowing people to
congregate, and arresting people for small crimes such as littering and antisocial behaviour.
An example of this approach is Drink Driving. It is an offence to drive with more than the
following amounts of alcohol in your body:

50 milligrams of alcohol in 100 millilitres of blood, or

22 micrograms of alcohol in 100 millilitres of breath, if a breath test is used.
This can't be measured in units or drinks because people’s bodies deal with alcohol at
different rates. To be on the safe side, people who plan to drive should not drink any alcohol
and then drive. If you do drink and drive and you get caught, you can expect to lose your
licence for at least 12 months – 3 years for a second offence within 10 years; a maximum
fine of £5,000 and/or up to six months in prison. Police Scotland operate a zero tolerance
approach towards drink driving, meaning that even first time offenders will not be let off
with a warning.
Advantage: can rapidly reduce crime in a specific area.
Disadvantage: can be short-term, when police numbers are reduced the crime might
return, it will also harm community relations.
Practice questions:
Describe, in detail, the work of the police in Scotland. (6 marks)
Explain, in detail, why in some areas community policing is the best way to
tackle crime, while in others the use of CCTV cameras is better. (6 marks)
Give one advantage to community policing and one disadvantage.
Section 3: The Court System
Criminal Justice is a power devolved to the Scottish Parliament. However, Scotland has
long had a unique court and criminal justice system which is very different to that within
the rest of the UK.
There are two types of criminal justice procedure in Scotland; Solemn procedure and
Summary procedure.
Solemn procedure involves the most serious of criminal cases and may ultimately lead
to a trial either before a judge in the High Court or before a sheriff in one of the sheriff
courts. Trials under solemn procedure are conducted with a jury.
Summary procedure is used for less serious offences (with the charges set out in a
complaint) and may ultimately lead to a trial before a sheriff or, in justice of the peace
courts. Trials under summary procedure are conducted without a jury.
A jury in a Scottish criminal case is made up of 15 people, with a simple majority (8 or
more out of 15) sufficient to establish guilt.
Scottish courts can deliver one of three possible verdicts: guilty, not guilty, and not
proven. The not proven verdict is unique to Scotland and has been controversial in the
past. Essentially the not proven verdict means that the jury believes the accused may
have committed the crime but does not have sufficient evidence to award a guilty
verdict. On the other hand, it is not sufficiently convinced that the accused is not guilty.
Note that there is not a verdict of innocence. An accused is innocent until proven guilty.
Criminal Courts
Criminal cases are dealt with under one of two procedures depending on the seriousness of the
offence, these are:
minor offences, such as being drunk and disorderly, are heard before a JP or sheriff, or a
fixed penalty may be imposed at the time of the incident

Serious offences, such as rape and murder, are heard before a sheriff/judge and jury.
A sheriff court can be designated as a drugs court for the immediate area. It can deal with offenders
who have a drug abuse problem.
Justice of the Peace (JP) court
Cases dealing with minor offences are heard before a Justice of the Peace in the Justice of the Peace
(JP) court. JPs are not usually qualified solicitors. The maximum sentence a JP can impose is a fine of
£2,500 or sending someone to prison for up to 60 days or both.
Examples of cases the Justice of the Peace court can deal with are:
Some traffic offences, for example driving through a red traffic light or excessive speeding.

being drunk and disorderly

Assaulting a police officer.
Sheriff court
The sheriff court can deal with some criminal cases. Cases can be heard before a sheriff or a sheriff
and a jury. The maximum sentence for cases heard before a sheriff is a fine of £10,000 or 12 months
in prison. The maximum sentence for cases heard before a sheriff and jury is 5 years (3 years for
cases that were first called before 1 May 2004) in prison or an unlimited fine.
A jury in Scotland consists of 15 adults chosen at random. You may well be called upon to be a juror
one day. Jurors are not paid for their work but can claim expenses such as loss of earnings.
Members of the jury must be between 18 and 70 years of age. Certain people do not have to do
jury service, these include ministers of religion, lawyers and police officers. You cannot sit on a
jury if you have been on probation within five years or have been sentenced to prison, a
detention centre or undertaken community service within the previous ten years.
Examples of criminal cases the sheriff court can deal with are:
theft

assault

possession of drugs

soliciting

appeals from the Children's Hearing.
The High Court
Serious cases, such as murder, are dealt with by the High Court, heard by a judge and jury.
Cases held in the High Court are held before a judge and a jury. At an earlier hearing, the charges
were read out and the accused was asked to plead guilty or not guilty. If the plea is guilty the judge
may pass sentence there and then. If the plea is not guilty, a trial is organised for a later date.
At the trial, the prosecution and the defence make speeches, produce evidence and call witnesses.
The judge then sums up the case to the jury and advises them on points of law relevant to the
case. The jury discuss the case in private, which can last several days in complex cases, then
return to the court to announce their verdict. If the verdict is guilty, the judge sentences the
accused. If the accused is found not guilty or the charge is 'not proven' (this means the jury suspect
a person's guilt but the prosecution have not proved this beyond doubt), he or she is discharged, and
in principle, cannot be tried for the same offence again.
Examples of cases which the High Court can deal with are:
murder

rape

incest

treason

Large scale fraud.
If you are not satisfied with the decision of the sheriff court in criminal cases you may be able to
appeal to the High Court. This is the final court of appeal for all criminal cases.
UK Supreme Court
As Scotland remains part of the UK, the UK's Supreme Court is the highest court in the UK. The
Supreme Court can become involved in Scottish criminal cases when the issue is related to the
European Convention of Human Rights. The Scottish Government is currently looking at ways to
stop the UK Supreme Court involving itself with the Scottish criminal justice system.
Practice question:
Describe, in detail the adult court
system in Scotland.
Sentencing
Judges can sentence offenders to time in prison, fines or non custodial sentences.
Prison
Advantages:

seen as a punishment and a tougher option for offenders.

Protects society from violent offenders.
Disadvantages:

Prison not effectively reducing reoffending rates for minor crimes, leading to rising prisoner
numbers and overcrowding.

Human rights abuses within prisons – e.g. prisoners are not allowed to vote.

Prisons can become a ‘school of crime’ where minor offenders come into contact with more
serious offenders.
Non-Custodial Sentencing
Since 2007 the Scottish Government has pursued a policy of increasing non-custodial sentences to
cut reoffending.
From February 2011 the ‘Community Payback order’ can be used to deal with offenders.
When sentencing the offender to a community payback order the court could require them to:

Carry out hours of unpaid manual work in the community

Be subject to periods of supervision

specific conduct requirements Comply with

Pay compensation to the victim(s)

Participate in alcohol, drug or mental health treatment interventions.
At the same time tougher sanctions have been introduced to deal with those who do not comply
with their order.
This means offenders are being punished by being sent out to improve streets and neighbourhoods
to repay communities for the damage caused by their crimes; and at the same time, addressing the
underlying issues that can influence their repeat offending behaviour, such as drugs or alcohol
addiction
Arguments For and Against Prisons
Arguments for Prison Sentences
Arguments Against Prison Sentences
1. Taking away someone’s freedom is a
good punishment.
1. Prisoners often reoffend when they
released from prison.
2. It puts people off committing crimes.
2. Not enough time or money is spent
on rehabilitation of prisoners.
3. It keeps violent prisoners locked up
and the public safe.
4. It keeps people locked up who might
otherwise be committing crimes.
3. First-time prisoners can often
become hardened prisoners and turn
to a life of crime.
The Children’s Hearing System
Children under 16 who have committed an offence (except serious offences) or are in need
of care and protection can be referred to the children’s hearing system.
The Children's Hearings System, unique to Scotland, is based on the recommendations
of the Kilbrandon Report which found that children involved in the criminal justice system,
either as offenders or in need of care, had common needs for both social and personal care.
The system was introduced by the Social Work (Scotland) Act 1968 and replaced the
courts as the principal system for dealing with young offenders and children in need of
care in Scotland.
If a young person is being dealt with under Summary procedures in the adult court system
and they are under the age of 17 and 6 months, the Sheriff has powers to remit a case to
the Children’s Hearing system for advice or possible disposal under the Sheriff Court
(Summary) rules.
Children under 16 are only considered for prosecution in court for serious offences
such as murder, assault which puts a life in danger or certain road traffic offences
which can lead to disqualification from driving.
In cases of this kind the Procurator Fiscal has to decide if prosecution is in the public
interest. Even if so, it is still by no means automatic that the child will be prosecuted. The
Procurator Fiscal may refer the child or young person to the Reporter for a decision on
whether referral to a hearing is more appropriate.
Sources of referrals are usually the police or social work, but other agencies, such as
education or health can also make a referral. It is also possible for any member of the public
or even the child themselves to make a referral. In each case the child will be referred to
the Reporter to the Children's Panel, an independent official, who will make an initial
investigation before deciding what, if any, action is necessary in the child’s interests.
At present, there are three options available to the Reporter. They can decide that no
further action is required, they can refer the child to the local authority for informal
and voluntary assistance or decide that compulsory measures of supervision are
necessary and arrange a children’s hearing.
A hearing, however, can only take place if the person involved and their parent/carer accept
the grounds for the hearing. If they don’t, a sheriff decides whether or not a hearing takes
place or not and refers it back if that is the case.
Grounds for referral
The child:• is beyond the control of parents or carers
• is at risk of moral danger
• is or has been the victim of an offence including physical injury or sexual abuse
• is likely to suffer serious harm to health or development through lack of care
• is misusing drugs, alcohol or solvents
• has committed an offence
• is not attending school regularly without a reasonable excuse
• is subject to an antisocial behaviour order and the Sheriff requires the case to be
referred to a children’s hearing
Each hearing is a tribunal involving three members of the panel and must consist of at
least one man and one woman. It should also where possible reflect a mix of ages and
experience.
The hearing is usually held in a relatively informal setting and is chaired by one of the panel
members. A reporter to the panel is always present too, but they are there to give guidance
and support to the panel in its decision making.
The welfare of the child is the panel’s main concern and any decisions made take that into
account. The panel hears the background to the referral and make its decisions based on all
the circumstances. There is no element of punishment available to the panel.
If the panel decides that the child is not getting proper parental care, the child can still
remain at home if there is suitable supervision within the home area. The panel can decide
though, that a child needs supervision from the social work department and can even
remove the child to a local authority home or voluntary organisation residential home,
including secure accommodation if they think it is necessary.
Who will be at the Children’s Hearing?
• The child or young person, unless the Hearing has decided that they do not have to attend
• The people who look after the child
• Three Panel Members who will make the decisions. These are trained volunteers who
want to make the best decisions to help vulnerable children and young people
• The Children’s Reporter who will record what has been decided
• A social worker
• There may be a person called a Safeguarder – they are there to help the panel make the
right decisions for the child
• The child can bring someone along like a friend or teacher to represent and support
them
• Journalists may be present at a Hearing.