Guidance

Offences in Scotland which would disqualify transport security personnel

Updated 4 November 2012

This list explains the offences in Scotland that would disqualify a person from certain positions in the transport security sector.

English Offence	Scottish Offence
Administering chloroform	Common Law Assault and Drugging, Drugging & Attempts
Administering poison so as to endanger life	Common Law Assault and Poisoning, Poisoning & Attempts
Administering poison	Common Law Administration of a noxious substance, poisoning, Drugging and attempts
Assault occasioning actual bodily harm	Common Law Assault to injury; Assault to severe injury
Assault on police	Assault/Molest/Hinder Police Section 41.(1)(a) Police (Scotland) Act 1967
Racially or Religiously aggravated actual bodily harm	No Scottish Equivalent
Attempting to choke	Common Law Assault
Affray	Common Law Disorderly Crowd
Causing bodily injury by explosives	Common law Assault by explosive device and attempts
Child Abduction	Statute Offence under s.6 (taking sending child out of United Kingdom) of Child Abduction Act 1984; Offence under s. 83 (Harbouring) of Children (Scotland) Act 1995 Common Law Abduction; Plagium; Theft of a child
Child Destruction	No Scottish equivalent
Cruelty to person under 16	Statute Offence under s.12 (cruelty to persons under 16) of Children and Young Persons (Scotland) Act 1937
Endanger safety of an aircraft	Common to England and Wales Article 63 Air Navigation Order 2000
Endangering safety of railway passengers	Common law Endanger life on a railway
False Imprisonment	No Scottish equivalent
Ill treatment of Mental Patients	Statute Offence under s. 105 (ill-treatment of patients) of Mental Health (Scotland) Act 1984; Offence under s.83 of the Adults with Incapacity (Scotland) Act 2000
Kidnapping	Common law Abduction; Plagium; Theft of a child
Manslaughter	Common law Culpable homicide
Murder	Common law Murder
Attempted Murder	Common law Attempted Murder
Sending explosive substance with intent	Statute Explosive Substances Act 1883 Section 3; Postal Services Act 2000 Section 85 Common Law Post an incendiary device with intent to cause severe injury
Soliciting to murder	Common law Incitement to commit murder; Conspiracy to commit murder
Threats to kill	Common Law Threats
Unlawful wounding/inflicting grievous bodily harm	Common Law Assault to injury; Assault to severe injury
Wounding/causing grievous bodily harm with intent	Common Law Assault to injury; Assault to severe injury

1. Theft and dishonesty

Aggravated burglary	Common law Housebreaking Housebreaking and abduction Housebreaking and assault Housebreaking and assault and robbery Housebreaking and assault to severe injury Housebreaking and attempted fireraising Housebreaking and attempted open lockfast place with intent Housebreaking and attempted open lockfast place using explosives Housebreaking and attempted theft of motor vehicle Housebreaking and culpable and reckless fireraising Housebreaking and malicious damage Housebreaking and malicious mischief Housebreaking and reckless conduct Housebreaking and robbery Housebreaking and theft byopening lockfast place Housebreaking and wilful fireraising Housebreaking and assault and attempted robbery Housebreaking rape and robbery Housebreaking withintent to rape Housebreaking attempted murder and robbery Housebreaking, attempted opening lockfast place and theft
Aggravated vehicle taking	Common law Theft of motor vehicle
Assault with intent to rob	Common law Assault with intent to rob; Attempted robbery
Blackmail	Common law Extortion
Burglary (entering and stealing)	Common law Housebreaking
Burglary (entering with intent to steal or to attempt to steal)	Common law Housebreaking with intent Housebreaking with intent and theft by opening a lockfast place Housebreaking with intent to steal Housebreaking with intent malicious damage or attempted murder Housebreaking with intent, wilful fireraising and murder
Company Director publishing false statement	No Scottish equivalent
Dishonestly retaining a wrongful credit	No Scottish equivalent
Dishonest representation for obtaining benefit etc.	StatuteOffence under section 111(a) (dishonest representation for obtaining benefit) of Social Security Administration Act 1992
Forgery of Passport	Common law Forgery and Fabrication
Evasion of liability by deception	No Scottish equivalent
False Accounting (making false entry) (omission of material particular) (furnishing false information)	No Scottish equivalent
Going equipped for stealing	Statute Civic Government (Scotland) Act 1982 Section 58(1)
Handling stolen goods (receiving, undertaking or assisting the retention etc.)	Common law Reset
Making off without payment	Common law Theft Fraud board and lodgings Fraud taxi fare Fraud train fare
Obtaining a money transfer by deception Obtaining pecuniary advantage by deception Obtaining property by deception Obtaining services by deception Procuring the execution of a valuable security by deception	Common law Fraud
Removing article from place open to the public	Common law Theft
Robbery	Common law Robbery
Taking conveyance without authority	Statute Offence under s 178(1)(taking motor vehicle without authority) Road Traffic Act 1988
Theft (from a person, a dwelling, automatic machine or meter, from mail, by an employee, from shop, from or of a vehicle)	Common law Theft

2. Sexual offences

Abduction of unmarried girl under 16 from parent or guardian	Common law An Offence of Plagium (Theft of a Child below the age of Puberty); Abduction Theft of a child
Abduction of unmarried girl under 18 from parent or guardian	Statute An Offence under Section 8(Abduction of Girl under 18 for the purposes of unlawful intercourse) of Criminal Law (Consolidation) (Scotland) Act 1995 Common Law Offence of Abduction
Abduction of woman by force or for the sake of her property	Common law Abduction
Assault with intent to commit buggery	Common law
Assault with intent to commit an indecent assault; Assault with intent to commit sodomy; Attempted sodomy; Indecent assault; Lewd, indecent and libidinous practices
Detention of woman against her will for unlawful sexual intercourse(or in a brothel)	Common law Abduction with intent to rape or ravish Statute An offence under Section 8 (1)(Abduction and Unlawful Detention of Unmarried Girl under 18) or s.8(3)(Detention of Any Woman or Girl against her Will for Unlawful Sexual Intercourse) of Criminal Law (Consolidation) (Scotland) Act 1995
Indecency with a child	Statute An offence under Section 6 (Indecent Behaviour towards Girl between 12 and 16) of the Criminal Law (Consolidation) (Scotland) Act 1995 Common law Indecent Assault; Lewd, indecent or libidinous behaviour or practices; Shameless indecency
Indecent Assault on a female	Common law Indecent assault
Indecent Assault on a male	Common law Indecent assault
Living on earnings of prostitution	Statute An offence under Section 11 (Trading in Prostitution and Brothel Keeping) of Criminal Law (Consolidation) (Scotland) Act 1995
Procuration of intercourse by false pretences	Statute An offence under Section 7(2)(b) (Procuring) of the Criminal Law Consolidation (Scotland) Act 1995
Procuration of woman to become prostitute	Statute An offence under Section 7(1)(b) (Procuring) of the Criminal Law Consolidation (Scotland) Act 1995
Attempted Rape	Common law Attempted rape; Assault with intent to rape or ravish
Rape	Common law Rape
Exploitation of prostitution	Statute An offence under Section 11 (Trading in Prostitution and Brothel Keeping) of Criminal Law (Consolidation) (Scotland) Act 1995
Trafficking	Section 7(1) and (2) Criminal Law (Consolidation) (Scotland) Act 1995
Preparatory offences	No Scottish equivalent
Offences outside the United Kingdom	No Scottish equivalent

3. Harmful or dangerous drugs

Being concerned in the production of a controlled drug	Common to England and Wales and Scotland under s. 4(1) and 4(2)(b) of the Misuse of Drugs Act 1971
Being concerned in the supply of a controlled drug	Common to England and Wales and Scotland under s. 4(1) and 4(3)(b) of the Misuse of Drugs Act 1971
Possessing a Class A controlled drug	Common to England and Wales and Scotland under s. 4(1) and 5(2) of the Misuse of Drugs Act 1971
Possessing a controlled drug with intent	Common to England and Wales and Scotland under s.5 (3) of the Misuse of Drugs Act 1971
Producing a controlled drug	Common to England and Wales and Scotland under s.4(1)(a) and 4(2)(a) of the Misuse of Drugs Act 1971
Supplying a controlled drug	Common to England and Wales and Scotland under s4(1)(b) and 4(3)(a) of the Misuse of Drugs Act 1971
Import or Export of controlled drug	Common to England and Wales and Scotland under s.3 of the Misuse of Drugs Act 1971
Concealing or transferring the proceeds of drug trafficking	Statute An offence under Section 14 (Concealing or transferring proceeds of drug trafficking) of the Criminal Justice (International Co-operation) Act 1990
Assisting another person to retain the benefit of drug trafficking	Statute An offence under Section 38 of the Criminal Law (Consolidation) (Scotland) Act 1995
Acquisition, possession or use of proceeds of drug trafficking	An offence under Section 37 of the Criminal Law (Consolidation) (Scotland) Act 1995
Failure to disclose knowledge or suspicion of money laundering	An offence under Section 39 of the Criminal Law (Consolidation) (Scotland) Act 1995

4. Criminal damage

Destroying or damaging property (including arson)	Common law Malicious Mischief Fire Raising Malicious damage Statute An Offence under Section 52 (Vandalism) of The Criminal Law (Consolidation) (Scotland) Act 1995 offence under Section 320 of the Housing (Scotland) Act 1987
Threats to destroy or damage property	Common law Threats
Possessing anything with intent to destroy or damage property	No Scottish equivalent
Causing an explosion likely to endanger life or property	Common to England and Wales and Scotland under Section 2 Explosive Substances Act 1883
Attempt to cause explosion, or making or keeping explosive with intent to endanger life or property	Common to England and Wales and Scotland under Section 3 of Explosive Substances Act 1883
Conspiracy to cause explosion	Common to England and Wales and Scotland under Section 3 of Explosive Substances Act 1883
Making or possession of explosive	Common to England and Wales and Scotland under Section 4 Explosive Substances Act 1883
Burning, maiming etc by explosion	Assault to severe injury by explosive device

5. Terrorism

Common to England and Wales and Scotland under Anti Terrorism Crime and Security Act 2001 and Terrorism Act 2000

Except Part VI and Part XII

6. Aviation

Common to England and Wales and Scotland under Aviation Security Act 1982

7. Maritime

Common to England and Wales and Scotland Aviation and Maritime Security Act 1990

8. Channel Tunnel

Common to England and Wales and Scotland Channel Tunnel Security Order 1994

9. Railways

Common to England and Wales and Scotland under Channel Tunnel Security Order 1994

10. Firearms

Possession of a firearm without a certificate	Common to England and Wales and Scotland under s. 1(1) of the Firearms Act 1968
Non-compliance with condition of firearm certificate	Common to England and Wales and Scotland under s. 1(2) of the Firearms Act 1968
Possession of a shotgun without a certificate	Common to England and Wales and Scotland under s.2(1) of the Firearms Act 1968
Non-compliance with condition of shotgun certificate	Common to England and Wales and Scotland under s.2(2) of the Firearms Act 1968
Trading in firearms without being registered as a firearms dealer	Common to England and Wales and Scotland under s 3(1) of the Firearms Act 1968
Selling firearm to person without a certificate	Common to England and Wales and Scotland under s. 3(2) of the Firearms Act 1968
Repairing, testing, etc. firearm for person without a certificate	Common to England and Wales and Scotland under s 3(3) of the Firearms Act 1968
Falsifying certificate, etc with view to acquisition of firearm	Common to England and Wales and Scotland under s 3(5)the Firearms Act 1968
Shortening a shotgun or other smooth bore gun	Common to England and Wales and Scotland under s.4(1) of the Firearms Act 1968
Possessing or distributing prohibited weapons or ammunition	Common to England and Wales and Scotland under s.5 of the Firearms Act 1968
The sale, acquisition and possession or carrying of firearms	Common to England and Wales and Scotland under s.5 (1) of the Firearms Act 1968
Possessing firearm or imitation firearm with intent to commit an indictable offence, or resist arrest, etc	Common to England and Wales and Scotland under section 18 of the Firearms Act 1968
Possessing firearm or imitation firearm with intent to endanger life	Common to England and Wales and Scotland under section 16 of the Firearms Act 1968
Possessing firearm or imitation firearm with intent to cause fear of violence	Common to England and Wales and Scotland under section 16A of the Firearms Act 1968
Carrying loaded firearm, shotgun, loaded air weapon or any other firearm in public place	Common to England and Wales and Scotland under s 19 of the Firearms Act 1968
Trespassing with firearms in a building	Common to England and Wales and Scotland under s.20 of the Firearms Act 1968
Possession of firearms by persons previously convicted of crime	Common to England and Wales and Scotland under s. 21 (1) of the Firearms Act 1968
Supplying firearms to persons denied them under Section 21 Firearms Act	Common to England and Wales and Scotland under s 21(5) of the Firearms Act 1968

11. Immigration

Assisting unlawful immigration to Member State	Section 25 Immigration Act 1971
Helping asylum claimant to enter UK	Section 25A Immigration Act 1971
Assisting entry to UK in breach of deportation or exclusion order	Section 25B Immigration Act 1971

12. Evasion of liability and bail offences

Failure to surrender to bail	Fail to appear at court as a condition of bail Section 27(1)(b) Criminal Procedure (Scotland) Act 1995
Evasion of any duty chargeable on goods	Section 170(1) Customs and Excise Management Act 1979
Evasion of any provision of the Customs and Excise Act applicable to goods	Section 170(2) Customs and Excise Management Act 1979

13. Bomb threats and bomb hoaxes

Placing or dispatching articles to cause bomb hoax	Section 51(1) Criminal Law Act 1977
Communicating false information alleging the presence of bombs	Section 51(2) Criminal Law Act 1977

14. Offensive weapons

Possession of offensive weapon (in a public place) without lawful authority or reasonable excuse	Statute An offence under Section 47(1) of the Criminal Law (Consolidation) (Scotland) Act 1995
Having an article with a blade or point in a public place	Statute An offence under Section 49 (having in public place article with blade or point) of the Criminal Law (Consolidation) (Scotland) Act 1995
Having an article with a blade or point on school premises	Statute An offence under Section 49A (having article with blade or point (or offensive weapon) on school premises) of the Criminal Law (Consolidation) (Scotland) Act 1995
Manufacture and distribution of flick knives and gravity knives	Statute Offence under s.1 of the Restriction of Offensive Weapons Act 1959

15. Protection of children and vulnerable adults

Taking indecent photograph or pseudo photograph of children	Take, permit to be taken, distribute, show, publish or possess indecent photograph of child under 16 years Section 52(1) - Civic Government (Scotland) Act 1982
Child Sex Offences	Sections 5 (1), (2) and (3), Section 6, Section 8(1), (2) and (3) and Section 9(1) Criminal Law (Consolidation) (Scotland) Act 1995
Abuse of position of trust	Section 20 Sexual Offences Act 2003
Familial child sex offences	No Scottish equivalent
Offences against persons with a mental disorder impeding choice	No Scottish equivalent
Inducements etc. to persons with a mental disorder	No Scottish equivalent
Abuse of children through prostitution and pornography	No Scottish equivalent