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National Police Promotion Exam > Hatred Harrassment and Anti-Social Behaviour > Flashcards

Hatred Harrassment and Anti-Social Behaviour Flashcards

1
Q

For Harassment dose the course of conduct need to be the same

A

No just two types courses of conduct

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2
Q

What is the test for harassment

A

Object person - Would a reasonable person see the actions would amount to harassment.

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3
Q

Can a company be the victim of harassment

A

No

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4
Q

Can employees of the company be victims of harassment

A

Yes

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5
Q

Can a company commit harassment

A

Yes

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6
Q

In order to commit racially or religiously aggravated harassment what has to be proven at each step

A

That each course of conduct was motivated by a religious or racial aspect.

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7
Q

What are the defences to harassment

A

The defence prove on a balance of probabilities that they were doing it for the purpose of preventing crime or detecting crime, that they were acting under a rule of law or that the conduct was reasonable.

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8
Q

What is stalking

A

When a person carries out the offence of harassment via stalking activities.

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9
Q

Is monitoring a personal electronic communication stalking

A

Yes - If it can be proven that there is a course of conduct.

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10
Q

Putting people in fear of violence - Section 4 Harassment what is specific against the fear of violence.

A

It must be the fear that the violence will be used against them and not a third party.

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11
Q

For section 4 Harassment does there have to be a result on each occasion

A

Yes this is a result offence.

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12
Q

In relation to Section 4 harassment if two threats are made, however the victim does not take the first threat seriously until the second threat has been made can the court apply the ‘gift of hindsight’

A

Yes

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13
Q

In relation to Section 4 Harrassment can the threats be made to conduct the act in the future

A

Yes as long as the fear is in the present tense.

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14
Q

In relation to section 4 Harrassment what if the victim only fears that violence might be used? Is it an offence?

A

No they have to fear that violence WILL be used

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15
Q

in relation to section 4 Harassment, you have to put the victim in fear of violence on each occasion is this the same for section 4 Harassment through stalking

A

No this can include serious alarm or distress which has a substantial adverse effect on the day to day activities of the victim.

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16
Q

What is the difference between an injunction and a restraining order

A

An injunction is civil and a restraining order has been imposed by the criminal court on conviction

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17
Q

Who can apply to vary a restraining order

A

The prosecutor, the defendant or any other named person mentioned in the order.

18
Q

Can a restraining order be made for an indefinite period

A

Yes

19
Q

Under section 42 of the criminal justice an Police Act Police directions to prevent intimidation who can make a direction?

A

The most senior officer present.

20
Q

Does the officer have to be in uniform for a Section 42 direction to leave

A

No

21
Q

Who has to give the authority to prosecute use of words behaviour or display of written material to stir up racialAtton hatred.

A

Attorney General

22
Q

on a ASB injunction which is made before the subject has turned 18 how long can it last

A

It must not last more than 12 months.

23
Q

Ona ASB injunction if a person is 18 how long must it last

A

There is NO minimum duration or NO maximum duration

24
Q

Can an ASB injunction be made ex parte

A

Yes if an urgent injunction is required.

25
Q

Can a Power of arrest be attached to an injunction for ASB

A

Yes - Normally if there is significant risk of har,.

26
Q

When can a person be given a CBO

A

When they have been sentenced or given a conditional discharge

27
Q

Who can apply for a CBO

A

The Police or the Local authority - if consultation has been sought from the YOT

28
Q

What are the duration for a CBO for a person under the age of 18

A

Minimum 1 year duration Maximum 3 years duration

29
Q

When must the CBO be reviewed

A

Yearly by the Police or Local Authority

30
Q

What are the durations for a CBO for a person over the ae of 18

A

Minimum duration of 2 years - Maximum duration unlimited.

31
Q

Who can authorise dispersal powers

A

Inspector or above

32
Q

What is the maximum duration of dispersal powers

A

48 hours.

33
Q

What is the mind set to authorise dispersal powers for an inspector

A

They must reasonably believe.

34
Q

Can a PCSO give a direction to leave

A

Yes

35
Q

How does a direction to leave have to be given

A

Written unless not practicable and then can be orally.

36
Q

What is the additional power to a direction to leave if a person is below a certain age and what is that age

A

If a person is under the age of 16 then they may be taken home or removed to a place of safety.

37
Q

Can an officer take items away from people under ASBO powers direction to leave

A

Yes if the items are likely to cause ASB

38
Q

What must the officer do if they confiscate items under the ABS power

A

They must give written notice of when the person can have the items back. If the person is under 16 the person must be accompanied by an adult - The period they collect cannot be within the 48 hours of the dispersal order.

39
Q

Who has the power to issue a CPN

A

Police PCSO local authority.

40
Q

What rank is the officer who must issue a closure notice

A

An inspector

41
Q

How long can a closure notice last

A

If issued by an Inspector - 24 hours.

It can be extended by a Superintendent for 48 hours.

42
Q

What is specific about Christmas Day and Closure Notices

A

It is discounted in the 48 hours period.

National Police Promotion Exam (50 decks)

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