1 Flashcards
Child or young person at risk of significant harm
children and young persons protection sct 23
- Physical or psychological needs not being met or at risk of not being met
- Parent or care giver not arranging medical care
- Parent or care giver not arranging school
- has been or at risk of being sexually or physically abused
- psychological affects of seeing domestic violence
Mandatory reporting of a child at risk of harm
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(1) Outlines who what a duty to report (includes law enforcement)
(2) Outlines when it must be reported ( where we SORG the child is at risk of harm throughout our work duties)
(3)
What are the differing types of child abuse and/or neglect?
physical
sexual
psychological/ Emotional
neglect
Removal of children and young persons without warrant
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(1) Police can remove children (without warrant) when
If the Secretary or a police officer is satisfied, on reasonable grounds
a) Immediate risk of serious harm
b) And an AVO will not help, the secretary or a police officer may remove the child
(2) Police can remove a children in a public place (without warrant)
a) Need for care and protection
b) No supervision of a responsible adult
c) Living in or frequenting a public place
(3) Police can remove a children from places with prostitution or child exploitation (without warrant)
a) Is in need for care and protection
b) Present at a place where there has been prostitution / child prostitution or where people are used for producing child abuse material
Relevant concepts of Assault
- Recklessness
- Criminal Liability
- Temporal Coincidence
- Mens rea and actus reus
- Legal defences to assault
Define Assault
Any act committed either intentionally or recklessly that threatens another person with immediate and unlawful violence.
It is not necessary for actual physical harm to be inflicted.
examples of assault
- Advance towards someone with a clenched fist (threats)
- Using a dog as a weapon
- Non-consenting kiss
- Spitting on a person
- Striking a horse causing the rider to fall
- Pointing an unloaded/loaded firearm or toy pistol
(if the victim believes it to be a pistol/taser) - An unlawful arrest
- Excessive force
Assault occasioning actual bodily harm
Crimes act 1900 s 59
- The accused
- The Accused
- Assaulted
- A person
- Occasioning actualbodily harm
What constitutes proper entry PAPO
PAPO
Notice of your PRESENCE (knocking)
Notice of your AUTHORITY (this is the police)
Notice of the PURPOSE / cause (reason for demanding entry
OPORTUNITY to comply
Requirements for forced entry to be legal. (PAPO)
- Notice of your presence - knocking
- Notice of your authority - its the police
- Notice of cuase or purpose -
- Oportunity to comply
S27 Crimes (domestic and personal violence act 2007)
Obligation of police to make and application of a provisional order
S49 Crimes (domestic and personal violence act 2007)
Circumstance in which police must make an application for an order.
Intellectual disability - Guardian
victim of violence / threat of
Examples of Personal Violence Offences
Assault
Property Damage
B&E
Intimidation
Stalkiing
Formula for a DVO
DVO = PVO + DR