Safeguarding Flashcards
What is section 1 of the harassment act 1997?
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
How many times must it occur for it to be harassment? Which section is differs and why?
2
Section 3 civil injunctions only needs to occur once
What is the difference between section 2 and 2a of the harassment act 1997?
Section 2 Is harassment
Section 2A is stalking
This is the same as 4 and 4a
What is the difference between section 2 and section 4 of the harassment act 1997?
Section 2 the victim doesn’t have to fear where as section 4 the victim has to fear violence
How does an individual get a restraining order?
The OIC applies for one on the MG5 and then the courts decide
What must the violence be carried out on?
Them or their property
What are the defences to harassment and stalking?
Preventing or detecting crime
Enactment of law
The course of conduct was reasonable
Who authorises a harassment notice?
Sergeant
What is the definition of the malicious communication act 1988?
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
How long is it before someone is presumed dead? Under which section?
7years
Presumption of death act 2013
What is the definition of a misper?
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
What’s the definition of an absent person?
A person not at a place where they are expected or required to be and there is no apparent risk
How often are absent persons reviewed?
8hours
Under the MH act 1983 what is the definition of a Mental health disorder?
Any disorder or disability of the mind and mentally disordered shall be construed accordingly
What is the definition of a learning disability under the MH act 1983?
A state of arrest or incomplete development of the mind which includes significant impairment or intelligence and social functioning
What is S2, S3, S4, S5 of the mental health act?
2- compulsory admission
3- detained for treatment
4- emergency admission
5- holding power
Who applies for a warrant under S135 of the MH act 1983?
Health professional
What does S136 allow a constable to do?
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
How long can an individual be detained for under S136 of the MH act 1983?
24 hours
Can custody be considered a place of safety?
Children- No
Adults- yes if no where else is available