Unit 6 Flashcards
What are the five protected groups under Hate Crime?
Race and Ethnicity. Sexual Orientation. Religion. Disability. Transgender Identity.
Section 50A (1) (a) of the criminal Law Consolidation Scotland Act 1995
Is a Rascially Aggravated Harassment.
It is intended to harass that person or
Where it would appear to a reasonable person that it would amount to harassment to that person.
Must happen on more than one occasion.
Section 50A (1) (b) of the Criminal Law Consolidation Scotland Act 1995
Racially Aggravated Behaviour.
When a person acts in a manner which is racially aggravated AND
Causes or intents to cause alarm and distress.
Section 50 A (1) (a) and (b) requirements
The accused has either :-
- pursued in racially aggravated conduct
Or - acted in a racially aggravated manner
When would you use Section 96 of the Crime and Disorder Act 1998
It can be applied to any crime or offence that have an element of ‘racially aggravated conduct’.
An ‘add on’ to the crime committed.
When would you use Section 74 of the Criminal Justice Scotland Act 2003
Where an offence had been committed but has an element of religiously aggravated conduct.
It is an ‘add on’.
Section 1 of the Offences (Aggravated by Prejudice) Scotland Act 2009
Offences aggravated by a Prejudice based on disability.
Section 2 of the Offences (Aggravated by Prejudice) Scotland Act 2009
An offence aggravated by Prejudice base on Sexual Orientation or Transgender Identity
What is a Person for Concern
A person whose whereabouts are known or believed to be known and there are concerns of risk of harm to the individual.
*not a missing person. If whereabouts are checked the person is not there they turn to a missing person.
What is the key role to the Initial Attending Officer to a Missing Persons investigation.
Investigate (take statements)
Search (the home thoroughly)
Risk Assess (low, med, high)
Missing Persons initial investigation considerations and actions.
- Missing persons details & description.
- Recent photograph.
- Thoroughly search MP home including outbuildings and cars.
- Risk assessment.
- Statements from family, friends or anyone who last saw MP.
- Identify a single point of contact (to not over whelm MP relative.
- Check all police systems (CHS, SID, iVPD)
- PNC marker for missing person & National Missing Person Application.
- If high risk consider electronic devices, social media.
- Update supervisor.
- What items are missing from the MPs room/home.
- Any vehicles they have access to.
- if not found in 72 hours UK Missing Persons Unit must be informed.
Why would you conduct a Missing Person Return Interview?
MUST be conducted to gain better understanding of why/what lead to the disappearance.
The opportunity to identify the cause and factors of the missing persons disappearance.
In case they go missing again better idea of where they might go.
Able to give support to the MP.
- ALL MISSING PERSONS MUST BE PHYSICALLY SEEN BY POLICE. Communication via phone is not sufficient.
Section 171 of the Children’s Hearings Scotland Act 2011
It is an offence for a person to knowingly assist or encourage a child to abscond.
Harbour or conceal a child who has absconded.
Prevent a child from returning.
Intial Approach Considerations
A L E R T
Ask Listen Encourage Reassure Take
Section 292. Warrant to enter premises for purposes of taking a patient.
This warrant is for mental health officers or other health professionals or PC to enter premises to take or retake a patient to a place where they should be.
(Already a patient, police there for the warrant and to assist in the situation)
Section 293/294 removal Orders.
S293
Mental health officer maybe apply for removal order to remove a person to a place of safety this allows continued detention for a period not exceeding 7 days. The warrant give the power to force entry in necessary to gain access.
S294
Is a removal order but doesn’t give the power to force entry.
Section 35 warrant.
Where a person over 16 may be suffering ill treatment, neglect, living alone without care or unable to look after themselves. The warrant is grant to entry a premises and to detain the subject for 3 hours with a medical assessment takes place by a medical practitioner.
Must be executed within 8 days.
Only used if the person is not willing to agrees to an assessment.
Does not you powers to remove a person
Categories of death
Medical death
Unexplained medical death
Police reported death
Categories of homicide
Criminal - murder and culpable homicide.
Murder - intention to kill or an act so reckless to show utter disregard for the consequences.
Culpable - unlawful killing cause by improper conduct but the guilt is less than murder.
3 ways can be committed. intentionally killing.
Consequence of unlawful acts.
Through undue negligence.
Non-criminal causal homicide and justifiable homicide.
Casual homicide - no intent to cause harm while performing a lawful act in a proper manner (an accident)
Justifiable homicide - self defence where the act to protect yourself or another where is it justified to cause serious harm and no more force than necessary.
The process of Dealing with Death.
Stages?
Stage 1. Preserve Life.
Operational first aid should always be considered.
Stage 2. Initial assessment.
Identify any other injuries, signs of drug misuse, violence.
Search locus, Forced entry, other people in the house, medication, phone.
System checks, SID, VPD, STORM.
Stage 3. Response.
Supervisor will decide the category of death.
Power of Control (Domestic Abuse)
Domestic Abuse. Using intimidation Using emotional abuse Using isolation Minimising denying and blaming. Using children Using male privilege Using economic abuse Using coercion and threats.
Section 1 of the Domestic Abuse Scotland Act 2018
DASA
Must have all 3
Behaviour is abusive to partner or ex partner.
Behaviour is likely to cause physical or psychological harm. - fear, alarm, distress.
The intent to cause the victim to suffer physical or psychological harm.
Section 5 Domestic Abuse Scotland Act 2018
It is an aggravation and “add on”
When a child is involved.
Behaviour is directed at a child
The person makes use of the child
A child sees, hears or is present during an incident.
It is likely to affect the child (child must live with the victim or accused!)
Crimes associated with domestic abuse.
Assault. Breach of the peace. Stalking. Section 38 (threatening and abusive behaviour) Sexual crime.
Domestic Abuse Roles and responsibilities (3 tires)
Tier 1.
Local policing response.
Tier 2.
Domestic abuse investigation unit (DAIU) more complex or a bigger risk.
Tier 3.
Domestic abuse task force (DATF) specialist crime divisions. Extremely complex and huge risk. “Worst of the worst”.
Victims statement (Domestic Abuse)
Victims vulnerability & dependence on the prep.
Victims age
Their health (physical, mental, emotional)
Ethnic and cultural background
Any family support.
Social work involvement.
Employment status.
Dependants of the perp.
Employment of the perp.
Details or previous domestic abuse reports.
Any interdicts or court orders. Or any proceedings in relation to child custody.
Domestic abuse questions & the assessment of risk.
DAQ -27 questions.
15 questions relate to high risk.
14 or above - high risk
Below 14 - medium risk (maybe be high if you have serious concerns)
Standard. - below 14 and no significant indication of serious harm
Risk management (Domestic Abuse)
R A R A Remove risk - arrest, detain suspect Avoid risk - rehouse victim Reduce risk - work with partner agencies to provide victim with support Accept risk - standard cases no likely hood of serious harm.
What is Disclosure Scheme or Domestic Abuse Scotland
DSDAS
(Claire’s law in England)
The right to ask about a new partners abusive past - to ask police to conduct inquiries into this to keep potential victim safe.
Prep doesn’t find out only the person potentially at harm. A face to face meeting where victim is told about the partners past - they will not find out the full story only what they need to know and they cannot share the information ( must sign declaration)
Who is an adult at risk?
Three Point Test.
16years or over who
- are unable to safeguard their own well-being, their property, rights or other interests.
- are at risk of harm AND
- because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than others who are not so affected.
What are the protection orders for Adults at Risk
An assessment order.
Only the council can apply for this. Sheriff may also attach a warrant for entry too. This order allows an officer to take adult to suitable place for a private interview and medical examination. (Adult can refuse at any your time)
A removal order.
Council apply to move a specific person to a specific place within 72hours and take reasonable steps to protect the person from harm (eg take phone away) usually a warrant for entry too. Must be removed within 12 hours, expires in 24hours.
A banning or temporary banning order.
Where a adult at risk is banned from being in a specific place for their own well-being and safeguarding. Can last for a max of 6 months.
Banning orders - police response
Section 25.
A sheriff may attached the power of arrest to banning orders.
These should be put on iVPD & SID. & PNC.
Officers may arrest if no arrest powers are attached to the order if :
- some has breached the order AND if they were not arrested are likely to breach the order again! (Section 28)
Obstructing an authorised person from doing anything another is authorised to do so.
Section 1 of the Criminal Justice Scotland Act 2016
arrest for preventing or obstructing
IVPD child protection flagging system
RED- child currently on the register.
BLUE- child has been deregistered (will stay blue for 6months after deregistration)
AMBER- placed on mother for concern of an unborn child.
Identification of the body.
Routinely one person confirms the person identity.
In suspicious or criminal deaths it needs to be 2 people how identify the body.
Domestic abuse trigger points
Moving in together Engagement Marriage Pregnancy Birth of a child Ending a relationship
MARAC - multi agency risk assessment conference.
Share info across agencies to identify the risk level and multi agency action plans to protect and help victims and their children/ family.
For high risk victims
