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
What are the red flags under the MH act 1983? What do we do?
Acute behaviour disorder Dangerous mechanism Serious physical injury Attempt self harm Psychiatric crisis
Take em straight to A&E
What is S18 of the MH act 1983?
Do we have a power of entry?
Absent without leave
No power of entry
What is the nemonic for the Mental capacity act 2005?
Impairment Disturbance And Communicate Understand Retain Employ
Do we have a power of entry for the mental capacity act 2005?
Where can we detain someone under this piece of legislation?
No unless they qualify for S17 PACE
Anywhere
What does the nemonic RAVE apply to? What does it stand for?
Transportation of someone mentally unwell
Resistance
Aggressive
Violence
Escape
What is the definition of HBV?
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
What does S1, S2, S3 of the FGM act 2003 relate to?
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
What is S3A of the fgm act 2003?
If the girl is under 16 then parents are also found guilty
Under what section and act are forced marriages illegal?
S121 anti-social behaviour, crime and policing act
Under S1 of the modern slavery act 2015, when does a person commit an offence
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
What is S2 of the modern slavery act?
A person commits an offence if they arrange or facilitate the travel of another with the view of them being exploited
What is S4 of the modern slavery act?
Committing an offence with intent to commit S2
What is domestic abuse?
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.
Under DV who constitutes family?
Mum dad siblings in-laws step-relations children or grandparents
What are the five types of abuse?
Emotional Psychological Physical Financial Sexual
What are the three sections under civil law used in DV?
42- Non-molestation order
39- occupation order
63- forced marriage protection order
What is S5 of the DV, crime and victim act 2005?
Causing or allowing the death of or serious physical harm to a child or vulnerable adult by means of an unlawful act
Under S76 of the serious crime act, what does it refer to and who is included with family and ex-partners?
Coercive and controlling behaviour
Family includes all but in the same house
Ex-partners are included if they still live together
What is Clare’s law? Who may initiate Clare’s law? Who is told information?
Criminal history maybe shared by the police regarding a. Iolent offender
Anyone may initiate
Only the relevant person will be told
Under what section and act can DVPOs be issued?
S24 crime and security act 2010
How long do DVPOs last?
48 hours before they must be heard in court and then the court can extend to 28 days
Who gives us permission to issue a DVPO?
Superintendent
What is a child in need?
A child who is thought to have suffered some harm but this falls short if significant harm
Under S1 of the child and young person act 1933, who is guilty of an offence?
Anyone over the age of 16 who neglects etc a child or wilfully allows this to happen
What are the four sections under the child act 1989?
S44- emergency protection order
S46- police protection order
S47- the local authority must take action to safeguard children subjected to EPO or PPO
Who is a designated officer?
Inspector
What is definition of CSE?
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
What is a harborers warning?
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
If the child is in care, what’s the maximum age a HW can be issued?
Under 18
Who has to give the authority for a HW?
Inspector
What are the MISPER 1,3,7 forms?
1- initial
3-HW
7- return
