Child Protection Flashcards
Steve is 18 years old and has a friend Dennis who is 15 years old. Dennis visits Steve at his flat where they play computer games. Dennis’ mother doesn’t like Steve and believes he is a bad influence. Likewise Steve thinks that Dennis’ mother is a busy body. Dennis is round at Steve’s playing computer games when his mother turns up at the door. She tells Steve that she wants to see Dennis, Dennis shouts to his mum that he is fine and isn’t leaving Steve’s house. Steve says ‘you heard him, now go away, he will be home later’, he then locks the door.
Considering the offence of Child Abduction (person not connected with the child) which of the following is correct?
(a) Steve has committed the offence as he has detained Dennis in his flat.
(b) Steve has not committed the offence as it is his house and Dennis consents.
(c) Steve has not committed the offence as he would need to transport Dennis somewhere.
(d) Steve has committed the offence as soon as the door is locked.
(a) Steve has committed the offence as he has detained Dennis in his flat.
A person commits an offence if without lawful authority or reasonable excuse takes or detains a child under the age of 16 so as to remove them from the lawful control of any person having lawful control of the child or keep them out of the lawful control of any person entitled to lawful control of the child. The offence is made out prior to the door being locked, as soon as Steve tells her to go away. Dennis consent is irrelevant.
Helen and Gary have a daughter Lucy who is 15 years old. They were not married at the time she was born and have since broken up. Gary sees Lucy every other weekend and wants to take her to see his sister Amelia in France. He asks Helen for permission to take her but she says no. Lucy wants to go and rows with her mother about it. Lucy tells her father that she will tell her mother that she has a school trip and will be gone for a week. Helen believes the lie and Gary drives Lucy to the airport after school, he puts her on the plane and explains that he will join her in two days as he has to work.
Considering the offence of Child Abduction (person connected with the child) which of the following is correct?
(a) Gary has committed the offence of child abduction.
(b) Gary does not commit the offence of child abduction as Lucy consents and is over 14.
(c) Gary has committed the offence along with his sister Amelia.
(d) Gary does not commit the offence as Helen (the mother) consents to her going away.
(a) Gary has committed the offence of child abduction.
A person who is connected with a child under the age of 16 takes or sends the child out of the United Kingdom without the appropriate consent. The consent from the mother is for a school trip and not ‘appropriate’
Considering Parenting Orders (Sections 8 and 9) what is the maximum time period that the parent must comply with the requirements for?
12 months.
These orders require the parent to comply with the requirements given in the Order for a period not exceeding 12 months.
Sarah is 21 years old and comes home drunk one night and decides to pick her 6 month old baby up and cuddle her in bed, the baby falls asleep next to Sarah in Sarah’s double bed. Tragically Sarah rolls over and suffocates the baby in her sleep.
What offence has been committed here?
Child cruelty
Sarah has committed Child Cruelty contrary to Section 1(2) of the Children and Young Persons Act 1933 which tells us that a parent or other person legally liable to maintain a child or young person, or a guardian, will be deemed to have neglected a child if they fail to provide adequate food, clothing, medical aid or lodging for the child or young person, or when it is proved that a child who was an infant under three years old, died as a result of suffocation (other than by disease or blockage of the airways by an object) while in bed with someone of 16 years or over who was under the influence of drink or a prohibited drug when they went to bed or at any later time before the suffocation.
Geoff is in his 50s. He sets up an internet chat group all about ‘Star Trek’. He starts chatting with a young girl Bethany, who is 12 years old. They speak regularly as she is a huge Star Trek fan and as such form a bond around the programme. They speak for several weeks about the show with nothing sexual mentioned at all. Geoff suggests that they start performing an internet play where they each have a role. Geoff is the role of the Captain and Bethany is his female assistant. After a while he starts writing lines that will illicit sexual responses from Bethany. Bethany however doesn’t like it and as such terminates the conversation.
Considering the offence of Sexual Communication with a Child (Section 15A of the Sexual Offences Act 2003), has Geoff committed an offence?
Geoff commits the offence as he is intending to encourage Bethany to make sexual comments.
A person aged 18 years or over who for the purposes of obtaining sexual gratification intentionally communicates with another person and that communication is sexual or is intended to encourage the other person to make a communication which is sexual back to them or to another person and the other person is aged under 16 commits an offence. The encouragement from Geoff is enough, Bethany doesn’t actually need to say anything sexual.
Charlie is employed at a children’s care home. Every Friday night he has a movie night with three of the boys, all aged 14 years old. The boys ask Charlie if he has ever made a ‘sex tape’ and at first denies it and then says yes. They ask if they can watch it. Charlie agrees and puts the sex tape on. Although he put it on for a laugh, he finds himself getting aroused as the boys watch it.
Considering the offence of Abuse of Trust - Cause a Child to Watch a Sexual Act, has Charlie committed an offence?
Charlie has committed the offence when he starts to feel aroused.
A person who being in a position of trust in respect to another person intentionally for the purposes of sexual gratification causes another person to watch a third person engaging in sexual activity, or look at an image of any person engaging in a sexual activity and that other person is aged 13 to 17 or under 13 years of age commits an offence. The fact he was sexually aroused after he had put the tape on means it is at that point he commits the offence as he is intentionally allowing them to watch it and getting sexually aroused.
Tom is 18 years old and in a relationship with Terri who is 16 years old. Terri wants to go on holiday with Tom to Spain but her mother refuses. Her mother tells Tom this and he agrees not to take her away. The following day he tells Terri however that it is fine, her mother agreed and they can go. They board a plane to Spain.
Considering the offence of Child Abduction (Person not Connected with the Child), has Tom committed an offence?
Tom does not commit the offence in these circumstances.
A person who without lawful authority or reasonable excuse takes or detains a child under the age of 16. Terri has attained the age of 16 therefore no offence here.
For the purpose of the offence of Indecent Photographs s1 Protection of Children’s Act 1978, the ‘child’ for the purpose of this act is classed as which age?
‘Child’ for the purpose of this Act is Under the age of 18.
Cameron is a rather unlikeable man who pays little attention to his seven children. His wife sends him to the nursery to collect their youngest daughter Darcy. He collects a child called Darcy, the same age and in similar looks but who is not his daughter. Cameron drives him to their home address when the mistake is pointed out.
Considering the defence (s.2 (3) associated with Child Abduction, does Cameron have a defence?
Cameron does not have a defence under section 2(3)(a) although he may have a defence under a different section.
The Child Abduction Act 1984, s.2 states.
(3)…..it shall be a defence for the defendant to prove –
(a) where the father and mother of the child in question were not married to each other at the time of his birth –
(i) that he is the child’s father
(ii) that, at the time of the alleged offence, he believed, on reasonable grounds, that he was the child’s father; or
(b) that, at the time of the alleged offence, he believed that the child had attained the age of 16.
PC Lee uses the powers under S46 of The Children’s Act 1989 to remove a child whom he takes to the police station. Owing to the lateness he uses one of the cells in custody to give the child a bed for the night.
Which of the following is correct in relation to procedures in relation to s46?
(a) It has been held that the police station may be suitable accommodation and can be used for ease.
(b) It has been held that the police station is not suitable accommodation and should not be relied upon.
(c) It has been held that the police station is not suitable accommodation and should only be relied upon in exceptional circumstances but never placed in the custody block.
(d) It has been held that the police station is not suitable accommodation and should only be relied upon in exceptional circumstances and the use of the custody block is only ever a last resort.
(c) It has been held that the police station is not suitable accommodation and should only be relied upon in exceptional circumstances but never placed in the custody block.
Susan is mother to Harris who is 18 months old. Susan is a drug addict. One evening she has Terry, another drug user come to her door. She tells Terry (who agrees) to mind Harris whilst she goes to score some drugs. Terry shoots up on the sofa and passes out. Police attend the address and force entry, seeing Terry unconscious on the sofa. They also see Harris crawling around exposed needles.
Considering the offence of child cruelty, who is guilty of an offence?
Both are responsible and commit the offence.
Both are over 16 and have responsibility for Harris. The fact he is crawling around with exposed needles would be enough on it’s own, let alone that Terry is passed out on the sofa and Susan has left Harris with someone in no way appropriate to look after a child.
In relation to the offence of Indecent Photographs s1 Protection of Children’s Act 1978, who’s consent is required to prosecute this offence?
The Director of Public Prosecutions.
Harry is the father of Ted who is 8 years old. Mary, the mother, gives Harry permission to take Ted on holiday for one week to Lanzarote. Half way through the holiday Harry messages Mary and says that he has got a job out there and wont be coming back.
Has Harry committed the offence of Child Abduction (s.1)?
No, he took Ted with consent and is now failing to return with him.
The offence can only be committed if the father had taken Ted without consent abroad. He has consent and not returning him does not satisfy this offence. Likewise it is only if they leave the country so taking the child to a different city, again would not satisfy the offence.
Tony works in a cinema, for a bet he swaps the kids matinee film ‘Toy Story’ instead for the pornographic film ‘Debbie Does Dallas’. He intends only to run the opening titles so the children do not see anything but actually fumbles and they see approximately 30 seconds of soft core pornography.
Considering the offence of Causing a Child to Watch a Sexual Act, which of the following is correct?
(a) Tony commits the offence even if his intention was to switch it off after the titles.
(b) Tony has not committed the offence as the offence does not relate to moving or static images.
(c) Tony has committed the offence as he knew that there was a chance that they could see pornography
(d) Tony has not committed the offence as he has swapped the film for a bet.
Tony has not committed the offence as he has swapped the film for a bet.
A person who intentionally for the purposes of sexual gratification causes another person to: watch a third person engaging in sexual activity, or look at an image of any person engaging in sexual activity, and that person is aged under 16 years (or under 13 years). Tony is gaining no sexual gratification for this so the offence is not made out.
Gary (20 years) lives with his girlfriend Aya (17 years). They are struggling to pay the rent so he speaks to Aya and suggests that she pose for some pornographic photographs that they can sell on the internet for money. Gary takes a number of digital images of Aya in various sexual positions and sends them off to a number of websites.
Considering the offence of Child Exploitation, which of the following is correct, has Gary committed an offence?
The offence is made out as Gary has caused Aya to take photographs that will be sold as pornography.
A person who intentionally causes or incites another person to be sexually exploited, controls any of the activities of another person relating to sexual exploitation, arranges or facilitates the sexual exploitation of another person in any part of the world and the other person is aged 13 to 17 years and the person does not reasonably believe them to be 18 years or over or they are under 13 commits the offence.
Even if Aya took the photos herself, Gary has caused this to happen and the offence is made out.
