GPD Flashcards
Mental Health - Public Place
Mental Health (Care and Treatment) (Scotland) Act 2003
S.297, Duration?
S.298 - Stipulations
- Police may remove a person to a POS from a public place, where:
1) they reasonably suspect the person has a mental disorder
2) the person is in immediate need of care or treatment
3) it is in their interests or the interests of the public to remove them to a POS - Person may be detained at POS for up to 24 hours.
- Upon relying on s.297, Police must ensure info is shared with Local Authority where POS is, persons nearest relative, and mental welfare commission (within 14 days for the latter )
Mental Health - Private place
A)Protocol
B)Police Powers
A) Police have no authority to remove in this case. Try to seek assistance from family member or Community Triage Service.
A GP or MHO has to attend who has powers to detain and remove to POS, or apply for warrants and orders.
B) Power of entry is only created by:
-Warrants or Removal Orders obtained by MHO (S.292-294)
-P&FRA2012 S.20
Prot. of Vuln. Adults and Groups - Definitions
‘Adult at risk’
‘Harm’
- Individuals over 16 y/o who are unable to safeguard themselves, their property rights or other interests, are at risk of HARM, and owing to them having a disability etc which makes them more vulnerable
- Physical harm, psychological harm, conduct which would cause self harm, property harm
Prot. of Vuln. Adults and Groups -Council measures, Can make application to Sheriff for: A)Assessment Order B) Removal Order C) Banning Order
A) Allows Council to conduct private interview and medical. no power to detain. 7 day validity.
B) Authorises removal where there is a serious risk of harm if not moved. Must be actioned within 72 hours.
-Order expires after 7 days and person cannot be detained.
C)Granted against another to protect vulnerable person from serious harm. 6 month validity. Can also get interim banning orders pending full one.
Prot. of Vuln. Adults and Groups
- Police Powers
- If Sheriff has granted council officer a warrant to visit and examine vulnerable person(72 hour validity from granting), constable can use reasonable force for entry
- Power of arrest may be attached to a banning order.
Dealing with Death
A)Medical
B)Unexplained medical
C) Police Reportable
A)Where someone dies of natural, foreseeable causes. There will be little to no police involvement and it is healthcare professionals responsibility
B) Generally sudden deaths - If necessary, it is Dr’s responsibility to report death to COPFS. Police may assist in assessment of death, but not take the lead.
C) Our responsibility to report to COPFS deaths of the following nature: Suspicious, accidental, drugs, suicide, unexplained if <18 y/o, suicide, death in custody.
Dealing with Death - Police response to:
A)Medical and Unexplained Medical
B)Police Reportable
A)-Duty of deceased Dr to issue death cert.
-You can contact Dr on behalf on NOK (who if not traced, Police reportable)
-If death occurs outwith GP hours, contact NHS 24.
-Remain at locus until Dr or funeral director arrives.
B)-Secure scene and protect evidence
-Set up scene entry log
-Notify Sgt and CID
Dealing with Death - Info to record at scene
- Time and date of arrival
- Position and description of body
- Counter contamination measures taken
- Deceaseds clothing
- Particulars of witnesses
- Details of anyone else at locus
- Any other relevant observations
Missing Persons - Definitions
‘Mis Per’
‘Concern for’
A)Anyone who’s whereabouts are unknown and:
- the circumstances are out of character OR
- the context suggests the person may be subject to crime OR
- the person is at risk of harm to themselves or others
B) A person who’s whereabouts are known or believed to be known and there are concerns of risk of harm to the individual.
Missing Person
A) Initial info to Obtain for investigation
B) Additional lines of enquiry
A)- Record circumstances and search home address and last place person was seen.
- Risk assess - consider police dogs etc
- Submit PNC marker request
B) CCTV, ANPR, visit school / work address, friends, media appeal?
Missing Person - Risk Assessment Grading
A)Low
B)Medium
C)High
A) There is no apparent threat of danger to subject or public, no proactive involvement required.
B)Risk posed is likely to place subject in danger or they are a threat to themselves or others. Some proactive involvement required.
C) Risk posed is immediate and there are substantial grounds for believing subject is in danger due to their own vulnerability or belief that there is risk to the public
Domestic Abuse - Definition
Any form of physical, verbal, sexual, psychological or financial abuse which might amount to criminal conduct & which takes place within the context of a relationship. The relationship will be between partners or ex-partners. The abuse can take place in the home, or elsewhere, including online.
Domestic Abuse (S) Act 2018
-S.1
-S.1 Defence
S.5 Aggravation
A) Person commits offence if:
i)They engage in a course of behaviour which is abusive of partner or ex
ii) That a reasonable person would consider it likely to cause physical or psychological harm
iii) That they intended to do it or were reckless as to the result.
B) Behaviour was reasonable
C) If the offence involves (includes, seen by, heard by) a child of the victim.
Domestic Abuse - Police Powers A) Dealing with the Accused B) Court options C)Occupancy Rights D) Intterdicts
A) Will be arrested and released on undertaking or held in custody.
B)Guilty plea will be dealt wit their and then. If ‘Not guilty’ plea he will be released with bail conditions
C) Right to, if in occupation, continue to occupy property, and if not, to enter and in either case to do so with a child of the family.
D) Issues under civil law to prevent wrongful or illegal conduct and there can be a power of arrest attached. Arrest if reasonable cause to suspect suspect is breaching interdict or if there would be risk of further Domestic abuse.
Sporting Events - Terms in context of Crime Law (Consolidation) Act 95
1) ‘Designated sports ground and events’
2) ‘Relevant Area’
3) ‘Period of Event’
4) ‘Controlled container’
5) ‘Controlled article or substance’
1) Scottish Ministers must designate the sport and the ground. All senior football grounds are designated.
2) Any part that spectators are granted access on payment or from which game can be viewed directly
3) Two hours before the start of an event or advertised start to 1 hour after.
4) A ‘controlled container’ means a container of any description which:
- is or was capable of holding liquid AND
- is made from a material which if thrown or propelled, could cause injury
5) Flares, smokes, fireworks etc
Sporting Events
1) Explain ‘presumption of contents’
2) Offences at designated events under Criminal Law (cons) Act 95 S.20
1) Any liquid in a container will be presumed to be what the description states
2) Offence to be within or attempt to enter, the relevant area, during the period of a sporting event, with:
- a controlled container
- any alcohol
- any firework etc
- are drunk
Sporting Events - Offences regarding Public Transport
1) Applies to what and when?
2) Offences : S.19 (1) Crim Law (Con) (S) Act 95
1) -Relates to entire journey to and from the designated sporting event.
- Includes supporters buses or trains hired for purpose
- Doesnt include private motor cars.
2) Offence to: - be drunk or in possession of alcohol,
- while on a public service vehicle or train
- which is being principally used for carrying passsengers
- to or from a designated sporting event.
-Also an offence for the operator or driver to PERMIT the above.
Sporting Events -
1) Minibuses
2) Defence for drivers of vehicles
1) If minibus is constructed or adapted to carry >8 passengers and is used for principal purpose of transporting 2 or more passengers, then the Criminal Law 95 S.19 will apply.
2) They must prove It occurred without their consent or connivance and they took reasonable action to prevent offence from occurring
Sporting Events - Police Powers, Criminal Law 95 S.21
Gives Constable power to:
- Stop and Search vehicles if S.19 offence suspected
- Enter designated sporting events for its duration
- Search anyone reasonably suspected under S.19 or S.20
- Seize container if it is a controlled container or suspected of containing alcohol
- Seize fireworks etc
- Arrest people suspected of committing a S.19 or S.20 offence
Sporting Events - Football Banning Orders
- Where a person >16 is convicted of an offence which involves violence and disorder and is football related a FBO may be imposed.
- Can be made on conviction or on Summary Application by Police
- Prohibits person from entering any football ground in UK, for a set time and is punishable by imprisonment if breached
Protecting Children - CYP (S) ACT 1939 s.12
Creates offence for:
- any person aged 16 or over
- who has parental responsibilities for, or charge or care of a child or young person (person under 16) AND
- wilfully ill treats, neglects abandons or exposes him or her in a manner
- likely to cause unnecessary suffering or injury to health (mental or physical)
Protecting Children - CYP (S) ACT 1939 s.12 - Terms
1) Parental Responsibilities
2) Charge
3) Care
1)All mothers have these automatically.
fathers will if: 1) they married to mother at birth of child 2) conferred by Court 3) Agreed responsibilities with Mum, legally registered 4) If birth after 04/05/06, he is registered as father on birth certificate (CORRECT)
2) Person who has been delegated rights by those who have parental rights or responsibilities
3) In possession or control
Protecting Children - Police Action at incident/locus
-Immediately ensure safety of children
-Contact SAS if required
Contact PPU/CID
-Contact social work
-Note conditions of property and people and attitude of persons present
-note living conditions
Child Offenders
A) Define ‘Child’
B) When may a child be prosecuted?
A)Any person who is <16 or is 16 but not 18 and under a supervision requirement
B) Lord Advocate’s guidelines state a child will only be prosecuted if
- crime is solemn
- offence would result in a child over 15 being DQ’d from driving
- a 16-17 y/o supervision order has been terminated.
Child Offenders
-Procedure for Reporting (5 methods)
1 - Submission of Childs details via VPD
2-Informal warning. Done via vid and way of recording incident.
3-Restorative Warning - Children’s Hearing may impose supervision requirements
4 - Reporting - Child will be C+C’d but not arrested. Report sent to PF or Children’s Reporter
5- Arrest - (see next slide)
Child Offenders - Arrest
Child should only be arrested if
- crime is serious
- it is necessary to remove them from bad associations, or
- liberation would defeat the ends of justice.
If child is to be held then they must be held in a place of safety other than a Police station unless
- it is impractical to hold them elsewhere
- child is so unruly that they cannot be held elsewhere
- should not be released for their physical or mental health
