MOD 5

Question 1

ABE

Answer 1

Achieving best evidence - video recorded interview

Who - anyone vulnerable
- Disabled (access to court may be an issue)
- Under 18 (over 10)
- Intimidated
- Persistently targeted
- Reluctant witness
- Significant witness
- Hostile witness

Question 2

Forced Marriage Offence (s121)

Answer 2

Part of - Anti-social Behaviour, Crime and Policing Act 2014

• he or she uses violence, threats or any other form of coercion
• for the purpose of causing another person to enter into a marriage
• and believes, or ought reasonably to believe, that the conduct may cause the other person to enter into the marriage without free and full consent

Question 3

Forced Marriage Protection Order

Answer 3

FMPO
Issued under section 63A of the family law Act 1996

Why - Safeguard victims, or potential victims of forced marriage

For who:
- Being forced into marriage
- Already in a forced marriage

Question 4

Children Act 1989 - Section 46

Answer 4

Anyone under 18

Section 46 - removal and accommodation of children by police in cases of emergency

reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he may -

(a) remove the child to suitable accommodation and keep him there; or
(b) take such steps as are reasonable to ensure that the child’s removal from any hospital, or other place, in which he is then being accommodated is prevented.

Child cannot be kept in police protection for more than 72 hours

as soon as practicable- Inform local authority (social & inspector)

Question 5

Children Act 1989 - Section 47

Answer 5

imposes a duty on a local authority to make enquiries into the welfare of children that might be a risk.

(a) are informed that a child who lives, or is found, in their area -

(i) is the subject of an emergency protection order; or
(ii) is in police protection;

(b) have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm,

the authority shall make, or cause to be made, such enquiries that they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child’s welfare.

47(2) Where a local authority have obtained an emergency protection order with respect to a child, they shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide what action they should take to safeguard or promote the child’s welfare.

Question 6

Children and Young Persons Act (CYPA) - Child Cruelty (1)

Answer 6

Mistreatment (neglect, ill-treated, harm etc.) of under 16 by a person older than 16 with responsibility of the child

Either way offence
<12 months imprisonment and or fine
<14 years imprisonment and or fine

Question 7

Children and Young Persons Act 1933 - Section 7

Answer 7

Sale of tobacco, etc., to persons under eighteen

own use or not, shall be liable, on summary conviction to a fine not exceeding level 4 on the standard scale.

Defences:
- all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
- automatic machine (owned or operated) if owner takes precautions to prevent the machine being so used by <18
- Child working for cigarette manufacturer for business

Constable to seize any tobacco or cigarette papers in the possession of any person apparently under the age of sixteen years whom he finds smoking in any street or public place, and any tobacco or cigarette papers so seized shall be disposed of.

tobacco(cigarettes, any product containing tobacco and intended for oral or nasal use and smoking mixtures intended as a substitute for tobacco)

cigarette includes cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking.

Question 8

Missing person definition

Answer 8

Anyone whose whereabouts cannot be established will be considered as missing until located, and their well-being or otherwise confirmed.

Question 9

Racially or religiously aggregated S28

Answer 9

at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial or religious group]
or
(b)offence is motivated (wholly or partly) by hostility towards members of a [racial or religious group] based on their membership of that group.

Question 10

Possession of Indecent Images of Children (S160)

Answer 10

Defence for accused to prove:
defence for him to prove—

(a) legitimate reason for having the photograph/AI generated image

(b)that he had not himself seen the photograph and did not know, nor had any cause to suspect, it to be indecent; or

(c)that the photograph was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time.

Question 11

Types of missing people

Answer 11

Lost persons – those who are temporarily disorientated and would wish to be found, e.g., people who have gone walking and do not know where they are

Missing voluntarily – those who have control over their actions and have decided on a course of action e.g., they wish to leave home

Missing ill or injured – those who do not want to be missing, but have suffered some injury or illness that has resulted in them not completing a journey and subsequently being reported as missing

Missing under the influence of a third party against their will, e.g., abduction or murder

Question 12

Crime and Security Act 2010 - S24

Answer 12

Power to issue a domestic violence protection notice

• Superintendent & above able to issue
• Must be 18 & over
• Office believes:
  1. Person has had violence or had violence threatened against them
  2. Protect person person from violence
• Must list all the things suspect isn’t allowed to do/go
• Must be give written notice to perpetrator by hand.
• Last 48 hours
• Can be extended by magistrates up to 28 days who can issue domestic violence protection order