Safeguarding Flashcards

1
Q

What is section 1 of the harassment act 1997?

A

A person must not pursue a course of conduct
Which amounts to harassment of another and
He knows or ought to know amounts to harassment of the other

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2
Q

How many times must it occur for it to be harassment? Which section is differs and why?

A

2

Section 3 civil injunctions only needs to occur once

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3
Q

What is the difference between section 2 and 2a of the harassment act 1997?

A

Section 2 Is harassment
Section 2A is stalking

This is the same as 4 and 4a

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4
Q

What is the difference between section 2 and section 4 of the harassment act 1997?

A

Section 2 the victim doesn’t have to fear where as section 4 the victim has to fear violence

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5
Q

How does an individual get a restraining order?

A

The OIC applies for one on the MG5 and then the courts decide

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6
Q

What must the violence be carried out on?

A

Them or their property

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7
Q

What are the defences to harassment and stalking?

A

Preventing or detecting crime
Enactment of law
The course of conduct was reasonable

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8
Q

Who authorises a harassment notice?

A

Sergeant

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9
Q

What is the definition of the malicious communication act 1988?

A

Sends any form of message
Conveying indecent or grossly offensive, threats or information known to be false
Causing harassment alarm or distress to the participant

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10
Q

How long is it before someone is presumed dead? Under which section?

A

7years

Presumption of death act 2013

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11
Q

What is the definition of a misper?

A

Anyone whose whereabouts cannot be established and where the circumstances are out of character or the context suggests the person may be subject of crime or at risk of harm to themselves or another

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12
Q

What’s the definition of an absent person?

A

A person not at a place where they are expected or required to be and there is no apparent risk

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13
Q

How often are absent persons reviewed?

A

8hours

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14
Q

Under the MH act 1983 what is the definition of a Mental health disorder?

A

Any disorder or disability of the mind and mentally disordered shall be construed accordingly

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15
Q

What is the definition of a learning disability under the MH act 1983?

A

A state of arrest or incomplete development of the mind which includes significant impairment or intelligence and social functioning

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16
Q

What is S2, S3, S4, S5 of the mental health act?

A

2- compulsory admission
3- detained for treatment
4- emergency admission
5- holding power

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17
Q

Who applies for a warrant under S135 of the MH act 1983?

A

Health professional

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18
Q

What does S136 allow a constable to do?

A

A constable can detain and move to a place of safety, someone who they believe has a mental disorder if there is an
Immediate need for care and control
And it is in the interest of the person
Or protection of others

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19
Q

How long can an individual be detained for under S136 of the MH act 1983?

A

24 hours

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20
Q

Can custody be considered a place of safety?

A

Children- No

Adults- yes if no where else is available

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21
Q

What are the red flags under the MH act 1983? What do we do?

A
Acute  behaviour disorder
Dangerous mechanism 
Serious physical injury
Attempt self harm 
Psychiatric crisis

Take em straight to A&E

22
Q

What is S18 of the MH act 1983?

Do we have a power of entry?

A

Absent without leave

No power of entry

23
Q

What is the nemonic for the Mental capacity act 2005?

A
Impairment
Disturbance
And 
Communicate
Understand
Retain
Employ
24
Q

Do we have a power of entry for the mental capacity act 2005?

Where can we detain someone under this piece of legislation?

A

No unless they qualify for S17 PACE

Anywhere

25
Q

What does the nemonic RAVE apply to? What does it stand for?

A

Transportation of someone mentally unwell

Resistance
Aggressive
Violence
Escape

26
Q

What is the definition of HBV?

A

Any incident or crime involving violence, threats of violence, intimidation, coercion or abuse which has or may have been committed to protect or defend the honour of an individual, family and or the community code of behaviour

27
Q

What does S1, S2, S3 of the FGM act 2003 relate to?

A

S1- the offence of fgm
S2- assisting a girl to mutilate her own genitalia
S3- assisting a non U.K. Resident to mutilate overseas a girls genitalia

28
Q

What is S3A of the fgm act 2003?

A

If the girl is under 16 then parents are also found guilty

29
Q

Under what section and act are forced marriages illegal?

A

S121 anti-social behaviour, crime and policing act

30
Q

Under S1 of the modern slavery act 2015, when does a person commit an offence

A

Holds another in slavery or servitude and knows or ought to know that the other person is held in slavery or servitude

Requires another person to perform forced or compulsory labour and knows or ought to know the person is required to person this labour

31
Q

What is S2 of the modern slavery act?

A

A person commits an offence if they arrange or facilitate the travel of another with the view of them being exploited

32
Q

What is S4 of the modern slavery act?

A

Committing an offence with intent to commit S2

33
Q

What is domestic abuse?

A

Any incident or pattern of incident of controlling, coercive, threatening violence or abuse between those aged 16 plus who are or have been intimate partners or family members.

34
Q

Under DV who constitutes family?

A

Mum dad siblings in-laws step-relations children or grandparents

35
Q

What are the five types of abuse?

A
Emotional 
Psychological
Physical
Financial
Sexual
36
Q

What are the three sections under civil law used in DV?

A

42- Non-molestation order
39- occupation order
63- forced marriage protection order

37
Q

What is S5 of the DV, crime and victim act 2005?

A

Causing or allowing the death of or serious physical harm to a child or vulnerable adult by means of an unlawful act

38
Q

Under S76 of the serious crime act, what does it refer to and who is included with family and ex-partners?

A

Coercive and controlling behaviour
Family includes all but in the same house
Ex-partners are included if they still live together

39
Q

What is Clare’s law? Who may initiate Clare’s law? Who is told information?

A

Criminal history maybe shared by the police regarding a. Iolent offender
Anyone may initiate
Only the relevant person will be told

40
Q

Under what section and act can DVPOs be issued?

A

S24 crime and security act 2010

41
Q

How long do DVPOs last?

A

48 hours before they must be heard in court and then the court can extend to 28 days

42
Q

Who gives us permission to issue a DVPO?

A

Superintendent

43
Q

What is a child in need?

A

A child who is thought to have suffered some harm but this falls short if significant harm

44
Q

Under S1 of the child and young person act 1933, who is guilty of an offence?

A

Anyone over the age of 16 who neglects etc a child or wilfully allows this to happen

45
Q

What are the four sections under the child act 1989?

A

S44- emergency protection order
S46- police protection order
S47- the local authority must take action to safeguard children subjected to EPO or PPO

46
Q

Who is a designated officer?

A

Inspector

47
Q

What is definition of CSE?

A

An individual takes advantage of an imbalance of power to coerce, manipulate or deceive a child or young person under the age of 18 into sexual activity

  • in exchange for something the victim needs or wants
  • for the financial advantage or increased status of the perpetrator or facilitator
48
Q

What is a harborers warning?

A

If a child under 16 goes missing regularly and arrives at the same address regularly we can issue a HW informing the individual if they are found with that child again they will be arrested

49
Q

If the child is in care, what’s the maximum age a HW can be issued?

A

Under 18

50
Q

Who has to give the authority for a HW?

A

Inspector

51
Q

What are the MISPER 1,3,7 forms?

A

1- initial
3-HW
7- return