Chapter 5 - Victims, RP, Control and Command. Flashcards
Immediate family
victim’s partner, step/child, step/sibling, step/parent, grandparent.
Incapable
lacks wholly/partly the capacity to understand the nature and foresee consequences of decisions in relation to their personal care/welfare.
Or does but lacks the capacity to communicate decisions in that respect.
Victim
A person whom an offence is committed. Includes P/G of a child if they are not the offender.
A person who suffers through or by means of an offence, injury, loss or damage to property.
A member of immediate family where someone dies/is incapable as a result of an offence. Unless they are charged.
Treatment
treat with courtesy and compassion.
respect dignity and privacy.
Access to services
a victim/member of their family who has welfare, health, counselling, medical or legal needs arising from an offence should have access to services that are responsive to those needs.
Information about programmes and services and remedies
As soon as a person comes into contact with an agency they must be given information about any programmes, remedies or services available.
Can also be given to any person disadvantaged by the offence.
Information about proceedings
Investigation progress Charges laid/not, amendments. victim's role as a witness ID orders being made by the court Date and place for each hearing outcome of any hearing
VIS
Information ascertained from the victim.
Includes any recording, summary, transcript or other copy of information.
May include photos, drawings, other visual representations provided by the victim.
VIS purpose
Provide the court with info about the affects of the offending.
Understanding the victims views.
Inform the offender about the impact of the offending from their perspective.
VIS information to be obtained
Any physical injury or emotional harm suffered.
Any loss of/damage to any property.
Any other effects of the offence on the victim.
Any other information consistent with the purpose of VISs.
A child or young person who is present/involved as a victim/witness should be included in the VIS.
Can now include photographs and diagrams and be presented electronically.
Specified offences s.29
An offence of a sexual nature.
An offence of serious assault.
An offence that results in serious injury, death or in a person becoming incapable.
An offence that leads a victim to have ongoing fears on reasonable grounds for their safety/security or a member of their immediate family.
Victim’s views on bail s.29A
If an offender applies to a court for release on bail:
The victim’s views on bail must be ascertained and the court informed.
Victim’s right to nominate a representative s.31
When a representative is appointed, any relevant information that would be provided to the victim shall be given to the rep.
Victim’s rights Act - Complaints s49
Where a victim considers that they were entitled to be accorded a right under certain sections (11-21, 28 -48 and 51) and they have not been accorded that right,
They may complain to the appropriate agency. The complaint must be dealt with promptly and fairly.
Return of property - section 51
When property that has been held for the purpose of evidence is no longer required it must be returned as soon as practicable.
Does not apply to a law agency if the person advises they no longer want the property.
Fleeing driver principle
The overarching principle is that public and police employee safety takes precedence over the immediate apprehension of a fleeing driver.
What is Control and Command?
Leadership, coordination, effective decision making and behaving lawfully and ethically with a prevention and victim focus.
The three elements are:
Leadership
Control
Decision making
Control
Operates horizontally across agencies.
Control sets priorities and objectives and determines how best to implement them. It includes the authority to assign tasks to/and coordinate that agency’s wider actions.
Command
Operates vertically within an agency.
It is the internal ownership, admin responsibility and detailed direction of an agency’s personnel/resources.
5 Response levels of CIMS
National Regional Local Incident Community
Levels of Control and Command
Political Strategic National Regional Local Incident Forward Commander Community
Subject matter experts
Should be involved in the decision making process sooner rather than later.
Warning Orders
A preliminary notice of an order/operation that will follow.
Allows staff the maximum amount of time for prep and must include:
Scope of operation and probable tasks
Earliest time staff are required/degree of notice they will be placed on.
When/how detailed orders will be issued.
Admin Instructions
Are used to coordinate actions that are entirely administrative.
Such as equipment replacements.
Divided into ‘Situation, Mission, Execution’.
Operation Instructions
Lay down the general plan. Allows those receiving the orders to prepare operation orders.
Usually from a higher HQ to a lower HQ where:
- speed of movement/lack of information make specific orders impossible/undesirable.
- A controller/commander wants to communicate an aim/future intentions when specific details are not available.
- Plans are being made for foreseen operations, such as VIP visits, and the specific details of the operation are to be left to the recipient.
Operation Orders
Orders that come directly from the Controller/Commander.
GSMEAC.
Movement Orders
Issued by HQ whenever staff are moved on duty or over any distance.
It must include definite/detailed instructions for control, discipline, responsibility and safety.
Can include: Staff details Time/date/place of assembly/departure/arrival method of travel/route/destination tickets meals/accommodation baggage arrangements financial instructions action on arrival admin arrangements en route appointment of OC groups
