Unit 6 Flashcards
Lesson 2 - Hate Crime
What is the “drip drip” affect?
Sometimes victims have endured years of abuse before they report it to the Police. Sometimes this can be more damaging than a single more serious act. Something that seems minor may not feel minor to the victim due to the frequency or duration of abuse.
Lesson 2 - Hate Crime
Define: Hate Crime
Any crime which is perceived by the victim or any other person, as being motivated (wholly or partly) by malice and/or ill-will towards a social group.
Lesson 2 - Hate Crime
Which 5 social groups are protected under Hate Crime?
Disability - physical or mental impairment that has a substantial and long term negative effect on your ability to do normal day-to-day activities. Substantial = more than minor/trivial. Long-term = 12 months or more.
Race - refers to a group of people defined by their race, colour, nationality, ethnic or national origins.
Religion - a set of beliefs held by a group of people.
Sexual Orientation - a person’s identity based on who they are physically and/or romantically attracted to.
Transgender Identity - Umberella terms for those whose gender is not the same as, nor sits comfortably with their sex at birth.
Lesson 2 - Hate Crime
What is a Hate Incident?
When a Hate Crime is reported to the Police but after investigation, no criminality is established, the circumstances will be recorded as a Hate Incident.
Lesson 2 - Hate Crime
Who can perceive a crime to be a Hate Crime?
Anyone - victim, witness, police witness, friend/family member, guardian/carer, 3rd party reporting organisation.
The evidence of a single person is not sufficient to prove a charge of a crime. HOWEVER, it is competent to libel a hate crime aggravation based on the evidence of one person.
Lesson 2 - Hate Crime
What is the difference between a Substantive Crime and a Standalone Offence?
Substantive Crime = a crime or offence which already exists in its own right e.g. assault, theft, murder. A person may be charged with this.
Standalone Offence = an offence that is recognised only as a Hate Crime e.g. Racially Aggravated Harassment, Racially Aggravated Behaviour.
Lesson 2 - Hate Crime
What is Racially Aggravated Harassment and what legislation is used for this?
This could include: attacking, badgering, disturbing, pestering, tormenting etc. Section 50A (1) (a) of the Criminal Law (Consolidation) (Scotland) Act, 1995 states:-
- A person is guilty of an offence if they pursue a racially aggravated course of conduct which amounts to harassment of a person and it:
- is intended to amount to harassment of that person, or
- occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person.
Note: there needs to be an obvious course of harassment against the victim or victims i.e. more than one incident. The location or type of incidents do not have to be the same.
Lesson 2 - Hate Crime
What is Racially Aggravated Behaviour and what legislation is used for this?
Section 50A (1) (b) of the Criminal Law (Consolidation) (Scotland) Act, 1995 states:-
A person is guilty of an offence under this Section if they act in a manner which is racially aggravated and which:
- causes, or
- is intended to cause,
a person alarm or distress.
Note: this should be used for incidents that seem to be a “one-off”.
Lesson 2 - Hate Crime
What does it mean if something is racially aggravated?
If immediately:
Before, during or after carrying out the course of conduct or action, the offendor displays towards the person affected by the conduct or action, malice and ill will based on that person’s membership (or presumed membership) of a racial group.
Lesson 2 - Hate Crime
What are statutory aggravations and what legislation can be used against them?
When a crime is made worse by the motivation behind them.
Legislation:
Section 96 of the Crime and Disorder Act 1998 highlights offences which are wholly or partially racially aggravated.
Section 74 of the Criminal Justice (Scotland) Act 2003 for crimes aggravated by religious prejudice.
Section 1 of the Offences (Aggravation by Prejudice) (Scotland) Act 2009 for crimes aggravated by prejudice based on Disability.
Section 2 of the Offences (Aggravation by Prejudice) (Scotland) Act 2009 for offences aggravated by sexual orientation or transgender identity.
Lesson 2 - Hate Crime
What evidence is required to prove an aggravation?
Substantive offences - The standard and sufficiency or evidence required to prove such an offence in court is “proof beyond all reasonable doubt” supported by fully corroborated evidence.
Aggravations - “proof on the balance of probabilities”. No requirement for corroboration.
Lesson 2 - Hate Crime
Give some examples of initial actions when attending a suspected Hate Incident/crime.
- Reassure the victim.
- Victim-centred approach.
- Understand and record the impact on the victim.
- Ensure support and advocacy is provided based on victim needs.
- Any cultural considerations, language or alternative communication methods, appropriate adult requirements.
- Do not directly question the victim in relation to them being a member of a social group. If they disclose, it should be recorded. Treat this with strictest confidence.
- Identify if the victim is a repeat victim.
- Explore perception.
- Consider if impact on local community.
- Ensure crime report and iVPD hate concern form completed and summary of Modus Operandi (MO) included.
- Abusive words should be noted verbatim.
- Devise an investigative strategy.
- Consider advice from other departments such as Safer Communities, Hate champions, Equality and Diversity Unit and CID.
Lesson 2 - Hate Crime
What are the steps for reporting a Hate Crime?
Establish - the ethnic origin and first language of witnesses and accused. Include in a police report to the Fiscal.
Ensure - any appropriate aggravation is libelled, in particular, highlight aspects of hate motivated behaviour.
Dismised - where there is no evidence to substantiate a hate motive, you must justify and evidence why this is not being libelled.
Assessment - a language interpreter should be offered/arranged on every occassion where the person’s first language is not English. Or where sign language is required. If used, details should be included in the SPR.
Advise/Report - the PF must always be advised as to whether ot not an incident has been reported and recorded as a Hate Crime Incident. This can be done in 2 ways: 1) Under the ISCJIS system. Hate Crime marker field. 2) In the body of the report, further mention should be made of the impact the incident has had on any witnesses.
Libel - the reporting officer should always libel a statutory charge rather than a common law charge where it is appropriate to do so.
Police - officers who suffer hate crime should be treated in the same way as any victim of hate.
Lesson 2 - Hate Crime
Where is Hate Crime Recorded?
- STORM
- iVPD
- Crime Report
- SPR
- SID - intelligence log.
Lesson 3 - Missing Persons
What is a Missing Person?
Anyone whose whereabouts is unknown and;
- where the circumstances are out of character, or
- the context suggests the person may be subject to crime, or
- the person is at risk of harm to themselves or another.
Lesson 3 - Missing Persons
What is a ‘Concern for a Person’ incident?
A person whose whereabouts are known or believed to be known and there are concerns of risk or harm to the individual.
Examples: someone who has left a hospital ward without telling anyone or being discharged.
Lesson 3 - Missing Persons
What are the 3 purposes of the Initial Attending Officer?
1) Investigate
2) Search (the premises e.g. could be hiding in a cupboard or hanging from a loft).
3) Risk Assess
Lesson 3 - Missing Persons
Name some of the Initial Investigative Considerations and Actions.
- Obtain initial information regarding the missing person. Record in notebook/mobile device.
- Complete a Risk Assessment.
- Obtain statements from family, friends or other significant witnesses that have had contact recently.
- Identify a Single Point of Contact (SPOC) within the family to avoid communicating with multiple number of relatives.
- Assess levels of support the family may need and provide info on support services.
- Request that the SPOC contacts police with any new info or if the person returns home!
- Update Supervisor immediately.
- Obtain a recent photograph and circulate the description.
- Make a thorough search of missing person’s home address/place of residence, place last seen and place missing from.
- Ensure that all Police systems are checked i.e. iVPD, Custody System etc.
- Identify and check any vehicle the missing person may have access to. Arrange for PNC marker to consider ANPR.
- Identify any items that are missing that may have been taken by the MP.
- Carry out checks with local transport and hospitals.
- Consider CCTV opportunities.
- In all HIGH or MEDIUM risk cases, consider capture of all electronic equipment. Where possible obtain passwords, user details etc.
- Raise a Missing Person report on the National Missing Person Application.
- If the MP is not found within 72 hours, the UK Missing Person Unit must be informed.
- When conducting a search, make a note of any areas which are inacessible and inform your supervisor.
- Keep in touch with the family of the MP but don’t promise to speak to them at certain times as this may not be possible.
Lesson 3 - Missing Persons
Describe the 3 categories of Risk.
High - The risk posed is immediate and there are substantial grounds for believing that the MP is in danger through their own vulnerability; or may have been the victim of a serious crime; or the public is in danger.
Medium - The risk posed is likely to place the MP in danger or they are a threat to theselves or others. (but not Immediate).
Low - The apparent threat of danger to either the MP or the public is low.
Lesson 3 - Missing Persons
What are the 3 considerations of Risk?
V.I.P
Vulnerability - including medical or mental health issues and infirmity.
Influences - variety of factors that may have attributed to their going missing e.g. forced marriage, relationship/family/financial issues or domestic abuse.
Past Behaviour - Behaviour that is out of character is often a strong indicator of risk.
Lesson 3 - Missing Persons
What are the benefits of a Missing Person Return Interview?
- Ensures their wellbeing and any necessary medical assistance is provided.
- Helps gain better undrstanding of the circumstances leading to the disappearance.
- Opportunity to identify the causes and factors of the missing person’s disappearance and to ascertain where they have been.
- Saves time and resources should they go missing again.
- Can then remove the ‘live’ missing person record.
Lesson 3 - Missing Persons
Should you always let the person who reported them know where they are if they are found safe and well?
No.
Adults - must respect their wishes. If they don’t want the individual to know then can’t tell them anything other than that they are safe and well. E.g. female fleeing from domestic abuse.
Children - Let a parent/guardian know asap.
Lesson 3 - Missing Persons
What should you do if you find a child?
- If the child is known, inform their parent/guardian asap.
- If unknown/child is unable to give their name and address - enquiries should be made in the vicinity they are found. Keep control informed.
- If the child seems to have been abandoned/other child protection concerns - seek assistance from social work services.
Lesson 3 - Missing Persons
When should an iVPD submission be made?
- Where there is genuine concern for a person.
- Where Force Policy dictates.
- All child missing persons cases.