Assaults and Violence Flashcards
Includes Possession of an Offensive Weapon
What is the Legislation for GBH?
Section 20, Offences Against the Persons Act 1861
Unlawfully and Maliciously
Wound or Inflict any Grievous Bodily Harm
With or without any weapon or instrument
What is Section 18 of the Offences Against the Persons Act 1861?
Grievous Bodily Harm with Intent. Committing GBH, With intent to: Do GBH Resist or prevent lawful apprehension / detention
What is the Legislation for ABH?
Section 47 of the Offences Against the Persons Act 1861
Some sort of hurt or injury
Needn’t be permanent or serious, but
Can not be something that passes quickly
What is the legislation for Common Assault and Battery?
Section 39, Criminal justice Act 1988
What is section 1 (1) of the Prevention of Crime Act 1953
Possessing an Offensive Weapon in a Public Place
What is an Offensive Weapon?
offensive weapon means any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him or by some other person
Explain Section 5, Domestic Violence, Crime and Victims Act 2004
Causing or allowing the death of a child or vulnerable adult
Member of the same household and had frequent contact.
Significant risk of serious physical harm being caused to victim by unlawful act
Suspect caused death or aware of risk or failed to take steps to protect victim or suspect foresaw or ought to foreseen.
What is the legislation for controlling or coercive behaviour in an intimate or family relationship?
Section 76, Serious Crime Act 2015
Explain section 76, serious Crime Act 2015
A person (A) commits an offence if—
(a) A repeatedly or continuously engages in behaviour towards another person (B) that is controlling or coercive,
(b) at the time of the behaviour, A and B are personally connected,
(c) the behaviour has a serious effect on B, and
(d) A knows or ought to know that the behaviour will have a serious effect on B.
Explain Section 1, Children and Young persons Act 1933
Child Cruelty
By someone over 16 who responsible for an under 16yo
Directly or in-directly allows them to be significantly harmed (psychologically as well as physically)
Whether effecting them medically or with their development
What is Section 139(1) of the Criminal Justice Act 1988?
Any person in a public place has
Any article with a blade Or sharply pointed
Without
Lawful authority Or reasonable excuse
What is Section 139A of the Criminal Justice Act 1988?
Possession of a bladed article or sharply pointed article or offensive weapon on school premises.
What is the RARA risk assessment
Remove Risk - arrest and remand
Avoid Risk - rehouse victim
Reduce Risk - safety Planning, target Hardening, bail cons, injunctions
Accept Risk - continual risk assessment, intervention planning, support and consent of victim, offender target profiling
What is Section 76 of the Crime Act 2015?
It is an offence if a person:
Engages in controlling / coercive behaviour
Personal connection to victim
Behaviour seriously affects victim
Suspect should know this would be the outcome
What is the Legislation for Rape?
Section 1 of the Sexual Offences Act 2003
What is Rape under Section 1 of the Sexual Offences Act 2003?
Intentionally penetrate with their penis another persons:
Vagina
Anus or
Mouth
The other person doesn’t consent,
And the offender doesn’t reasonably believe that the other consents
What is Section 2 of the Sexual Offences Act?
Assault by Penetration.
Intentionally sexually penetrate another persons:
Vagina or
Anus
With part of their body or anything else.
The victim doesn’t consent, the offender doesn’t reasonably believe that they do
What is a Sexual Assault under the Sexual Offences Act?
Intentionally touching another
The touching is sexual
The victim doesn’t consent, the offender doesn’t reasonably believe that they do
What is the Legislation for Sexual Assault?
Section 3 of the Sexual Offences Act?
What is Section 4 of the Sexual Offence Act 2003?
Intentionally causing another to engage in sexual activity
The victim doesn’t consent, the offender doesn’t reasonably believe that they do.
What is Section 7 of the Sexual Offences Act 2003?
Sexual Assault of a child under 13. A person commits an offence if— (a)he intentionally touches another person, (b)the touching is sexual, and (c)the other person is under 13.
What is Section 9 of the Sexual Offences Act 2003?
Sexual activity with a child.
A person aged 18 or over (A) commits an offence if—
(a)he intentionally touches another person (B),
(b)the touching is sexual, and
(c)either—
(i)B is under 16 and A does not reasonably believe that B is 16 or over, or
(ii)B is under 13.
What is the Legislation for engaging in sexual activity in the presence of a child?
Section 11 of the Sexual Offences Act 2003.
What is Section 13 of the Sexual Offences Act 2003?
Child sex offences committed by children or young persons.
A person under 18 commits an offence if he does anything which would be an offence under any of sections 9 to 12 if he were aged 18.
What is the Legislation for Exposure?
Section 66 Sexual Offences Act 2003
Intentionally exposes genitals
Intending someone will see them
And be caused alarm or distress
What is the Legislation for Voyeurism?
Section 66 Sexual Offences Act 2003
For the purpose of obtaining sexual gratification:
1. Observes someone doing a private act
2. Operates equipment with the intention to(1)
3. Records a person doing a private act
4.Installs, constructs, adapts structure or part of structure with intent to allow self or another to do
What is a DVPN?
DVPN –Domestic Violence Protection Notice
Prevents perpetrator returning to or contacting victim
•Served by any constable, provides emergency protection.
•Must be heard in mags court in 48hrs
What is a DVPO?
DVPO –Domestic Violence Protection Order
Prevents perpetrator returning to or contacting victim
•Issued by the court
•14-28 days
Give 2 injunctions that can be used for a Domestic Violence situation?
Occupation Orders - Allows victim to remain in the home Non-Molestation Order - Forbids threatening, pestering, coming to H/A of victim, specific conditions for different situations. Injunctions must be served in person
What is a Hate Crime incident?
Any Criminal Offence / Incident which is perceived by the victim or any other person, to be motivated by hostility or prejudice Based on: Race Religion (or perceived) Sexual Orientation (or perceived) Disability (or perceived) Transgender (or perceived)
what is ViSOR?
Violent Sex Offenders Register.
Information system
