Short Answer Flashcards
Statutory Defence – s134A C.A 1961. What is the defence under s134 C.A 1961?
It is a defence to a charge under section 134 if a person charged proves:
a) before the time of the act concerned, s/he had taking reasonable step to determine whether the young person concerned was of or over the age of 16 years, and
b) at the time of the act concerned, s/he believed on reasonable grounds that the young person was of or over the age of 16 years, and
c) the young person consented
Discuss whether a 16-year-old girl can be charged with having consensual sex with a 14-year-old boy?
Yes, the girl can be charged as it is the offence of sexual conduct with a young person under 16 years (s134(1), C.A 1961).
Name three circumstances where Police would remove a child from a household:
-Serious wilful neglect
-Serious physical abuse
-Sexual abuse
-It is not safe to leave the child there, and you believe on reasonable grounds that if left they will suffer, or likely to suffer ill treatment, neglect, deprivation, abuse, or harm
and
-There is no other practical means to ensure there safety,
- Section 42 CYPFA 98, Without warrant - when It is critically necessary to remove that child to prevent injury or death
- Section 39 CYPFA 98, Place of safety warrant - Police may remove a child if they still believe the child has suffered, or likely to suffer ill treatment, serious neglect, serious deprivation, abuse, or serious harm
- Section 40 CYPFA 98, With Warrant - When the courts are satisfied that the child needs care and protection, the warrant allows police to remove the child from any place to be placed into the care of CYF
s195A C.A 1961, What is necessary to prove criminal liability in failing to protect a child?
The offence applies to:
- Members of the same household as the victim
- People who are staff members of any hospital, institution or residence where the victim resides.
Criminal liability will arise if such a person has frequent contact with a child (or vulnerable adult) and:
- Knows (mens rea) the victim is at risk of death, GBH or sexual assault as a result of the acts or omissions of another person; and
- Fails (actus reus) to take reasonable steps to protect the victim from that risk.
In what other ways can a witness give evidence?
Section 103 to 105 of the Evidence Act 06 provides victims and witnesses with an alternate way of giving evidence, for example, by way of DVD interview played in court, or oral evidence given by CCTV from a safe location, or inside the court room behind a screen, concealed from the view of the defendant or others
Before attending a Medical Examination, what should you explain to a victim?
- The examination will be conducted by a medical forensic practitioner specially trained to examine victims of sexual assault
- benefits of the forensic examination including:
potential benefits to their physical, sexual and mental health
how it can help police obtain forensic evidence to apprehend the offender
-the expected time frame for the examination and if appropriate, possible outcomes
ask the victim if they have any concern with the gender of the examiner and advise them that you will do your best to accommodate their wishes. ( research shows that most ASA victim ID gender as an issue, check their preference to gender.
What are the three areas to consider in determining whether physical abuse is serious and therefore meets the threshold for referral as a CPP case?
- The action of abuse
- The injuries inflicted
- The circumstances (factors of the case)
In negating consent, the Crown has to prove one of three things. List the three things.
the Crown much prove
- The complainant did not consent to the act, (Subjective test) and
- the offender did not believe the complainant was consenting, (Subjective test) or
- If he did believe the complainant was consenting the ground for such a belief were not reasonable. (Objective test)
When is the offence of sexual grooming complete?
Section 131B(1)(a) CA61
Sexual grooming
(1) Every person is liable to imprisonment for a term not exceeding 7 years if,
(a) Having met or communicated with a person under the age of 16 years (the young person) on an earlier occasion, he or she takes one of the following actions.
(i) Intentionally meets the young person
(ii) Travels with the intention of meeting the young person
(iii) Arranges for or persuades the young person to travel with the intention of meeting him or her
Before attending a MEK, what should you remind the victim?
to refrain from:
- Eating or drinking
- Going to the toilet, (if necessary use a Toxicology kit to capture the urine and ask victim not to wipe)
- Washing or showering
- Washing there hands or biting their fingernails
- Changing clothes
- Smoking
- Brushing or combing hair
- Brushing teeth or rinsing mouth
In certain circumstances s87 Evidence Act 2006, the Judge can ask the witness to state their address details. In what circumstances will this occur?
if the judge is satisfied that the questions to be put, the evidence to be given, or the statement or remark to be made, is of sufficient direct relevance to the fact in issue that to exclude it would be contrary to the interest of justice
When is the offence of having exploitative sexual connection with a person with a significant impairment complete:
- Has sexual connection with an impaired person knowing that the person is a person with significant impairment, and
- Has obtained the impaired person acquiescence in, submission to, participation in or undertaking of the connection by taking advantage of the impairment
What does CALMTEA stand for?
CONDUCTING your dealings in a sensitive manner
ACCEPT they are telling the truth until/unless there is evidence to prove to the contrary
LISTEN to what they are telling you, give them an opportunity to give there account, even if it is just venting
Establish whether they require MEDICAL attention
TREAT them courteously
EXPLAIN the process to them and why you are following that process
Advise them of the local counselling services available.
Section 129A(5), C.A 1961 – Sexual Conduct with consent induced by certain threats…..
(a) a threat that the person making the threat or some other person will commit an offence that –
(i) is punishable by imprisonment; but
(ii) does not involve the actual or threatened application of force to any person; and
(b) a threat that the person making the threat or some other person will make an accusation or disclosure (whether true or false) about misconduct by any person (whether living or dead) that is likely to damage seriously the reputation of the person against or about whom the accusation or disclosure is made; and
(c) a threat that the person making the threat will make improper use, to the detriment of the person consenting, of a power or authority arising out of-
(i) an occupational or vocational position held by the person making the threat; or
(ii) a commercial relationship existing between the person making the threat and the person consenting.
Outline the ingredients for Indecent Assault
Indecent Assault
Section 135, C.A 61
Penalty 7yrs
.1 A person
.2 Indecently assault
.3 Another person
