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.
Lesson 3 - Missing Persons
What are the three groups known as ‘Absconders’?
1) A child who fails to return to local authority care or other residential establishment where they have been placed by a Supervision Order.
2) A person who leaves a hospital after being admitted as a compulsory or voluntary patient and is more vulnerable to harm.
3) A person who fails to return to custody (prison) e.g. fails to return after a home visit.
Lesson 3 - Missing Persons
What should the Police do with regards to Absconders?
Child Absconding from a Place - police have the power to return them to that place. If they believe they are within a premises, a court may grant a warrant to search the premises for the child.
Child Absconding from a Person - police have the power to return them to that specific person who has authority.
Missing from hospital - Depending on circumstances treated as either MP enquiry or Concern For Person. Compulsory detention under the Mental Health (Care and Treatment) (Scotland) Act 2003 can be considered.
Absconding Prisoners - Reported as attempting to defeat the ends of Justice. Report to COPFS with a view to obtaining a warrant with powers to force entry. Apprehend the individual. Logged on ‘STORM’ as MP. All absconding prisoners will be dealth with as a policing priority.
Lesson 4 - Mental Health & Suicide Intervention
What are your initial approach considerations?
- Monitor the individual’s behaviour prior to approach (if practical)
- Be alert to operational safety, do not place yourself or anyone else in danger.
- Reduce immediate danger by preventing access to lethal means.
- Assume a calm, non-threatening manner.
- Consider personal space issues.
Lesson 4 - Mental Health & Suicide Intervention
What does the ALERT mnemonic stand for?
ASK - the person about what is troubling them and if they are thinking about suicide.
LISTEN - actively, non-judgementally and show you care.
ENCOURAGE - them to get help and support them to do so.
REASSURE - and give information.
TAKE - all signs of distress seriously and take action.
Lesson 4 - Mental Health & Suicide Intervention
How should you deal with someone who is having delusions?
Do not confirm or feed into those delusions by asking questions about it.
Do not use the delusion as a mechanism to mediate.
Lesson 4 - Mental Health & Suicide Intervention
What are the elements of Active Listening?
- Use open questions in particular.
- Use simple, direct language.
- Speech should be slow, clear and simple.
- Show empathy/trust - show personal concern.
- Let them vent - this is a useful prompt for future dialogue.
- Don’t argue - prove to them you are listening.
- Be honest - don’t make promises you can’t keep.
- Firm tone but not intimidating.
- Use non-judgemental phrases.
Lesson 4 - Mental Health & Suicide Intervention
What medical considerations should be made when attending a mental health incident?
- Look for obvious signs of injury or evidence of medication or drugs having been consumed. If so, contact an ambulance.
- Consider any head injuries which could be causing behaviour. Ask the person if they had any knock to the head in the past 48 hours. Not response in notebook. If yes, seek medical assisstance.
- Community Triage - advice from mental health services over the phone or face to face appointment.
Lesson 4 - Mental Health & Suicide Intervention
What actions should Police take when crimes/offences have been committed but mental health issues are involved?
- Where a crime has been committed or an apprehension warrant in force, unless there are exceptional circumstances involved, a person should be dealt with as normal regardless of any perceived mental disorder.
- Exceptions: Crime is of a minor nature and not in the public interest to prosecute.
- Seek guidance from the duty Custody Sergeant and inform them of circumstances.
- Consider an Appropriate Adult.
Lesson 4 - Mental Health & Suicide Intervention
Define: Mental Disorder (as per Section 328 of the Mental Health (Care and Treatment) (Scotland) (Act) 2003).
Any mental illness; personality disorder; or learning disability, however caused or manifested.
Lesson 4 - Mental Health & Suicide Intervention
Complete the following: Section 328(2) specifically states that a person is NOT mentally disordered by reason only of the following:-
- Sexual Orientation
- Sexual deviency
- Trans-sexualism
- Transvestism
- Drug and/or alcohol dependency
- Behaviour that causes, or is likley to cause, harassment, alarm or distress to any other person; or
- By acting as no prudent person would act.
Lesson 4 - Mental Health & Suicide Intervention
What is a place of safety?
“A hospital, premises which are used to provide a care home service or any other suitable place (other than a police station) where the occupier is willing to temporarily receive a person with mental disorder”.
As a last resort, if no place of safety is immediately available, a Police Station can be used
A person can be detained her for up to 24 hours in order for medical examinations/assessments to occur.
Lesson 4 - Mental Health & Suicide Intervention
What are the responsibilities of the Mental Welfare Commission?
- Monitoring and promoting best practice in the use of mental health legislation.
- Visiting individuals who are receiving compulsory treatment.
- Conducting investigations and inquiries into deficiences in care and treatment.
- Providing advice and information to professionals and Service Users.
- Challenging policy makers and service providers.
Lesson 4 - Mental Health & Suicide Intervention
What can a Compulsory Treatment Order stipulate?
- That the person is detained in a hospital; or
- Is kept in the charge of an authorised person; or
- Resides at a specified place; or
- Obtains the approval of a Mental Health Officer prior to changing address.
Lesson 4 - Mental Health & Suicide Intervention
What happens if a person fails to comply with a CTO?
- They can be taken into Custody by a MHO, Constable or member of Staff from the hospital/establishment.
- When the person is traced to a place where the Constable can legally be i.e. public place or a private place by invitation or as a result of a common law power of entry, then the Constable can take them to custody.
Lesson 4 - Mental Health & Suicide Intervention
What are the Police Powers for Absconding patients?
Voluntary Patients - returned to hospital on a voluntary basis OR if refused using police emergency powers if applicable OR detained by a doctor if in a prvate place.
Compulsory Patients - a Constable may return them to the place where they were receiving care and treatment. These powers can be used in PUBLIC or PRIVATE places.
However, if person is traced within a private dwelling and entry is refused, a warrant is required to force entry.
Forced Entry is only an option under warrant OR there is an imediate risk to life or property.
Lesson 4 - Mental Health & Suicide Intervention
What legislation can be used for someone who has Absconded?
Section 292 - Warrant to Enter Premises for Purpose of Taking a Patient
An authorised person (MHO) or other health professiona may obtain a warrant authorising the MHO, Health Professional or Constable to enter premises, open a lock-fast place to do so and to take or retake a patient to a place they should be. These warrants are issued by a Sheriff/Justice of the Peace.
Section 293/294 Removal Orders
293 - A MHO may apply for a removal order authorising an MHO specificed in the order, other persons specified in the order and a Constable to remove a person with a mental disorder to a place of safety, This allows for continued detention for a period not exceeding 7 days. A Sheriff will authorise the order to be executed within 72 hours. This warrant further authorises a Constable to open lock-fast places on the premises if necessary to gain access.
294 - a removal order, however used where urgent application to Justice of the Peace is necessary as application to a Sheriff would be impracticable and a delay in obtaining an order from a Sheriff would be detrimental to the person subject of the order.
Section 35 Warrant -
Where a person ages 16+ who has a mental disorder is living in the community and may be suffering from ill-treatment, neglect, living alone or without care and unable to look after themselves or their property or financial affairs, then a Sheriff of JoP can grant warrant to enter premises where that person is.
Those that can act under this warrant are: specified MHO, any other person specified and any Constable. The warrant allows the person subject of the warrant to be detained for a period of no more than 3 hours to carry out a medical assessment by a medical practicioner. Warrant must be executed within 8 days from day warrant granted. The warrant would only be used if person not willing to agree to an assessment on a voluntary basis. This warrant authorises a Constable to open lock-fast places. We should ask the person with the warrant to read it out so that you can ascertain its legality and powers under it. This warrant DOES NOT GIVE POWERS TO DETAIN AND REMOVE A PERSON TO A PLACE OF SAFETY. Following initial assessment, a further order would be required to authorise detention and removal.
Note: legislation is silent on use of force permitted in order to ‘open lock-fast places’. However the Mental Health (Care and Treatment) (Scotland) Act 2003: Code of Practice’ indicates that it is accepted where necessary.
Lesson 4 - Mental Health & Suicide Intervention
What legislation can be used for those with a Mental Disorder in a Public Place?
S297 of the Mental Health (Care and Treatment) (Scotland) Act 2003, provides that a Police Officer may remove a person to a place of safety from a public place where the following criteria has been met:-
- They reasonably suspect that a person in a public place has a mental disorder; and
- That person is in need of immediate care or treatment; and
- That it is considered to be in the interest of that person or necessary for the protection of any other person to remove the person to a place of safety.
Note: such persons should be taken to a PoS directly. Going via a police station should only be done in exceptional circumstances. Consideration should be given to the individual’s willingness to attend voluntarily. The person may be detained in the place of safety for no more than 24 hours from the time of their initial removal, for a medical assessment to be taken.
Lesson 4 - Mental Health & Suicide Intervention
What should be recorded when a person is removed under the S297 legislation?
- Whether removed under the S297 powers or voluntary basis.
- Name & Address.
- The date and time when they were removed from the public place.
- Address of the place of safety, and, where relevant, any subsequent places of safety and reason for more than one.
- The circumstances giving rise to their removal to a place of safety.
- If they have been moved to a police station, the reason why this action has been taken.
- Reason you have been unable to inform the nearest relative/person residing with or carer.
- Disposal e.g. admission to hospital, released from police custody.
- Once a psychiatric assessment has been carried out at a place of safety, a decision will be made on whether to admit to hospital or not. Once admitted (voluntary or detained) or released, the S297 police powers will cease.
- To comply with these statutory responsibilities, the Constable should ensure that the aforementioned information is recorded on police systems prior to termination of duty.
Lesson 4 - Mental Health & Suicide Intervention
Under Section S298 of the Act, where a constable removes a person to a place of safety using S297 of the Act, who must the police share information with?
- The Local Authority in whose area the place of safety is situated (as soon as reasonably practicable).
- The person’s nearest relative as soon as reasonably practicable.
- The Mental Welfare Commission within 14 days of the relevant person being removed under S297 of the Act and taken to a place of safety.
Lesson 4 - Mental Health & Suicide Intervention
What are the responsibilities of the Removing Officer?
- Ensure the relevant person’s ‘nearest relative’ is informed of the removal to a Place of Safety, or where not possible the person with whom they reside or their carer.
- If unable to meet this requirement, the reason must be recorded on the associated iVPD concern form and Place of Safety form (POS1).
- Submit a POS1 form to notify the Mental Welfare Commission of the removal electronically to the Divisional Concern Hub.
- Submit an iVPD concern form (to faciliate sharing with the local authority).
Lesson 4 - Mental Health & Suicide Intervention
Removing a person suspected of having a mental disorder in a private place to a place of safety for a psychiatric assessment is unlawful, with the exceptions of what?
- The person leaves the private place on a voluntary basis.
- The person has committed an offence or crime and officers use powers afforded to them under that legislation.
- The circumstances are that there is immediate risk to life i.e. house fire, suspected drug overdoes etc.
- Officers use the powers afforded to them by a Removal Order (section 293 or 294) obtained by and under direction of MHO.
Lesson 4 - Mental Health & Suicide Intervention
Can the Police arrest someone for their own safety?
No. This cannot be a reason for arrest or a tactical option e.g. arrest for a Breach of the Peace for the sole purpose of operational expediency.
Lesson 4 - Mental Health & Suicide Intervention
If admission to hospital following assessment is not necessary, what should an officer record:-
- Full personal details
- Outcome of joint risk and MH assessments and rationale in notebook.
- Details of the MH professional who carried out assessment and any information which could help inform risk assessment.
- Clinical information - e.g. prescribed medication.
- Is person safe to travel home alone e.g. ability and means to get home/time of day/location/clothing/weather/persons vulnerability/health. Consider taking them home and leaving them in the care of a suitable person.
- If possible arrange for a suitable person who is willing and capable of accepting responsibility for the person, having advised them of circumstances (discuss with supervisor first).
- Any other relevant information including care plans and aftercare options.
Lesson 5 - Dealing with Death
Describe what is meant by a Medical Death and what the role of the Police is in these circumstances.
- Death is expected or attributed to natural causes.
- This includes the majority of deaths (which are a result of obvious medical conditions within a medical environment).
- Role of police is limited, and there may be no involvement at all.
- Health care professionals have primary responsibility to provide a Medical Certificate of Cause of Death & to provide support and guidance to families.
Lesson 5 - Dealing with Death
What is an ‘Unexplained Medical Death’ and how are the police involved?
- Death is sudden & unexplained.
- A healthcare professional (deceased’s doctor) may report the circumstances of a death to COPS.
- Not all of these will involved police involvement.
- Police may be asked to assist in initial assessment of the circumstances e.g. intelligence, criminality at the locus etc. but wouldn’t take lead on investigation.
Lesson 5 - Dealing with Death
Which deaths are always investigated and reported to police?
- Drug misuse
- Accidental deaths - including deaths from falls and industrial accidents.
- Any death of a child or young person under 18 years of age which is unexplained.
- Incidents of suicide.
- Deaths occuring as a result of neglect or fault.
- Any death where the identity of the deceased is unknown and cannot be readily ascertained.
- Deaths in legal custody (up to 72 hours following release from custody).
- Any death as directed by COPFS.
- Suspicious death - circumstances are unkown AND give cause for concern e.g. age of deceased, location, public place, circumstances, intelligence, lifestyle or suggestion of homicide).
Lesson 5 - Dealing with Death
What is Homicide and what are the different categories of Homicide?
- when a human being kills another human being.
- not an unborn child but as soon as baby takes it’s first breath.
Criminal - Murder & Culpable Homicide
- the unlawful killing of a person by another.
- category depends on intent & circumstances.
Non-criminal - Casual Homicide and Justifiable Homicide
Lesson 5 - Dealing with Death
What is the difference between Murder and Culpable Homicide?
Not a lot - depends on circumstances (case by case basis).
Murder = a common law crime and is committed when a person kills another without necessary cause and where there is either:
- an intention to kill, or
- a wilful act so reckless as to show utter disregard for the consequences.
Culpable Homicide = a common law crime and it committed by any person who unlawfully kills another person, where death is caused by improper conduct but the guilt is less than murder. 3 ways it can be committed:
1) an intentional killing, 2) a consequence of unlawful acts or 3) through undue negligence. E.g. husband kills his adultering wife and her lover immediately after finding out from the lover. Culpable homicide as done in the heat of passion. If had taken time to consider, then murder.
A charge or murder would be libelled in the first instance and then the court can reduce this to culpable homicide if need be.
Lesson 5 - Dealing with Death
What is casual homicide?
- non-criminal
- death by ‘misadventure’
- no intent to cause injury
- occurs whilst perfroming a lawful act in a proper manner
- this does not include death by culpable negligence
- e.g. a motorist driving properly and carefully past a line of parked cars hits a child who darts out from behind a car into their path, resulting in a death of the child.
Lesson 5 - Dealing with Death
What is Justifiable Homicide?
- non-criminal
- killing in circumstances where, in the eyes of the law, the taking of life is a right and proper thing to do
- an intention to kill OR an intention to seriously injure but where circumstances free the killer from any blame.
- Includes self-defence or defence of others where no other reasonable course of action could be taken and no more force than necessary was used.
- e.g. a person being raped strikes the attacker with a stone to the head in attempt to get them to stop.
Lesson 5 - Dealing with Death
What 4 offences relating to causing death whilst driving are covered under The Road Traffic Act 1988?
- Section 1 - an offence to cause death by dangerous driving.
- Section 2B - an offence to cause death by careless or inconsiderate driving.
- Section 3A - an offence to cause death by careless driving when under the influence of drink or drugs
- Section 3B - an offence to cause death whilst driving when the driver is unlicensed, disqualified or uninsured.
Lesson 5 - Dealing with Death
What are the 3 stages of the Process for Dealing with Death?
1) Preserve Life
- Operational First Aid Training
- Assess & treat casualty
- Request emergency healthcare i.e. ambulance
- Exception: healthcare professional has pronounced life extinct or it is evident that death is indesputible.
- Only health professionals can confirm that a person has died. It is a clinical decision and is referred to as ‘Pronouncing Life Extinct’ (PLE).
- Where death is indisputable, there is no requirement to request emergency medical care or a healthcare professional to PLE. Make a note of the time the deceased was found.
2) Initial Assessment
- Visual examination of deceased e.g. injuries, blood, bruising, weapons, signs of drug misuse, signs of violence, damage to clothing, marks/scars or tattoos for ID.
- Police Systems Checks i.e. SID, iVPD, STORM, Crime Recording Applications, SHOGUN.
- Visual Examination of the Locus i.e. other people within (casualties, children, witnesses, suspects, signs of drug misuse, signs of forced entry, signs of a struggle or violence, keys for the property, personal items, suicide note, personal papers to aid ID, medication.
3) Response
Dependent on category of death which will be determined by the supervisor in attendance.
Lesson 5 - Dealing with Death
What is the police response for a medical death/unexplained death?
- support and guide the NOK, relative and friends in next steps.
- death certificate required before death can be registered & funeral takes place.
- notify the deceased’s GP doctor
- they should manage ongoing needs of the bereaved and certification process/reporting to COPFS
- it is the statutory duty of the GP who has had dealings with th deceased during illness and who is familiar with medical history to issue a certificate if they are able to identify cause of death to the best of their ability.
What should the police response be to an enquiry during GP surgery hours?
- encourage the NOK to contact the GP practice themselves to inform the doctor of the death.
- they will be best placed to answer any questions from the doctor about the deceased.
- if they are unable, then we can contact the surgery on their behalf.
- ensure the GP is aware that it is not a Police Reportable Death at this time.
- The GP will review the medical history and circumstances in good time and issue a death certificate.
- The family can then arrange for deceased to be taken to a place of rest by a funeral director of their choice.
- If the doctor is unable to issue a death certificate but has not concerns about circumstances, it is still a medical death and therefore responsibility lies with the doctor to report the matter to COPFS.
- The family can still have deceased taken to a place of rest but funeral director should be advised that a death certificate has not yet been issued.
- No preparatory work should be carried out until this has been issued.
- No further involvement from the Police at this time.
What is the Police Response to a death enquiry outwith GP Surgery hours?
- all releveant info passed to NHS 24 who will contact GP surgery electronically.
- advise the NOK to contact the surgery when it re-opens to inform them of death.
- family can then make arrangements with funeral director.
- advise that no death certificate issued yet. No preparatory work should be undertaken at this time.
- Remain at the locus until the funeral director (or attending doctor) arrives.
- No further police action.
What if there is no NOK or can’t establish them within reasonable time or refusal to take responsibility?
- death should be treated as a Police Reportable Death.
- arrangements can then be made with Police Scotland contracted Funeral Director to remove the body.
What are the priorities when responding to a police reportable death?
- Protect the scene
- Secure available evidence
- Conduct an appropriate investigation.
You should:
- Secure the scene
- Implement a scene entry log
- Enforce counter contamination measures
- Notify relevant supervisors and the on duty CID resource. An SIO may be appointed - A Senior Investigating Officer (SIO) will be either a Detective Inspector (drugs death, child death, suspicious death) or Inspector.
- Report to The Scottish Fatalities Investigation Unit - the day after the death or failing that the day after.
- Record the following:
Exact date and time you arrived at scene.
Security of the house.
Position and description of the body.
Counter contamination measures taken.
Description of the deceased’s clothing
Full particulars of the deceased.
The full particulars of any witnesses
The exact wording used by witnesses when explaining the circumstances surrounding the discovery of the body
Details of anyone else who may arrive at the locus includning any other officer
Any other observations which may assist the enquiry at a later stage (e.g. position of any weapon/layout of property/dogs).
- Identification of the body (preferable and best practice if this is done at the locus). All investigated death need minimum of one person to confirm person’s identity. 2 require for suspicious or criminal deaths.
- If ID not been possible prior to removal of body, arrangements must be made to have required person(s) attend the mortuary for ID purposes.
- If a person is unrecognisable due to extent of injury, then dental impressions or fingerprints can be used instead.
- It is important that family are prepared for any viewing. You should view the body first and provide a detailed description so they can decide who will view the body. Relatives should be given the opportunity to view the body and should be neither discouraged or encouraged from doing so.
- ## Post Mortem then carried out by a pathologist. Once this is complete and cause of death established, the pathologist will issue a death certificate.
What are your priorities as a first responder when dealing with a Child Death?
- Police Scotland investigate ALL deaths of U18’s.
1. Preserve Life (check for signs of life and administer CPR). If child pronounced deceased by medical professional they will likely be taken to hospital by ambulance. Unless the death is overtly suspicious, this should not be prevented. An officer should accompany the child to the hospital regardless of any suspicion. The family should not be prevented from travelling with the child, unless you are informed otherwise by an SIO.
2. Protect the scene - even in the absence of suspicious circumstances. If you consider the death suspicious convey these concerns to your supervisor. This may require asking relatives/carers to vacate and not to move any items (this should be done in a tactful and sensitive manner). Explain that this is common practice to assist in finding out why the child died.
3. Early notification to PPU/CID - must be notified at earliest opportunity to allow specialist support to be provided and a child death trained SIO to be appointed.
4. Record early comments made by witnesses including children - remaining sensitive to the needs of the family, you should record details of any conversation held with them or explanations about how the child died. Recording exact phrases or words used could be vital to the investigation. Be prepared to make a note of other relevant conversations between carers and medical staff/ambulance crew.
5. Ensure the safety and wellbeing of any other children - consider the safety of surviving siblings or other children (including pregnancy). Where the death is not overtly suspicious conduct a locus walk through recording observations which may have increased risk to the diceased child, or other children e.g. poor living conditions, evidence of controlled drug misuse and/or recent alcohol consumption.
Note: Officers should accommodate parents’ wishes where appropriaete, including holding their infant, which should be done in the presence of police of Health staff, however where death is overtly suspicious this should be prevented.
What considerations must you take into account with regards to emotions when dealing with death?
- always act in a professional manner
- maintain composure
- range of emotions - initial shock and sadness.
- infant death and suicides can be particularly harrowing.
- emotionally exhausting
- possibl confusion
- repeated questioning of NOK from different police officers should be avoided.
- consider behavioural responses of the family and take particular note of inappropriate or unusual responses to questions.
- cultural considerations - family members and friends may seek a quick resolution to enquiries and release of the body.
- take a compassionate and sensitive approach when giving a death message.
Define Honour Based Abuse.
No specific crime. It’s an umbrella term.
“The terms ‘honour crime’, ‘honour-based abuse’ and honour-based violence’ embrace a variety of incidents or crimes of violence (mainly but not exclusively against women), including physical abuse, sexual violence, abduction, forced marriage, imprisonment and murder where the person is being punished by their family or community. They are punished for actually, or allegedly, ‘undermining’ what the family or community believes to be the correct code of behaviour.
In transgressing this, the person shows that they have not been properly controlled to conform by their family and this is to the ‘shame’ of the family. ‘Honour Crime’ may be considered by the perpetrator as justified to protect or restore the ‘honour of the family’.
Detail the considerations for dealing with HBA.
Identifying HBA
- Could start as missing persons cases.
Considerations for Victims
- Must be spoken to alone
- Take to a neutral place to be interviewed.
- Interpreters - must not be known to the victim. Should never used family or community member.
Initial Actions
- Safety and wellbeing of victim’s family and others present.
- Officer’s must inform supervisory officers/HBA SPOC and Domestic
- Abuse Investigation Unit (DAIU) or equivalent and give full briefing.
- If out of hours contact Senior Detective Officer on duty.
- Make a fast and accurate assessment of danger victim is in.
- Dynamic Risk Assessment to ensure safety of themselves, victims, and any other relevenat person e.g. sisters.
- Section 1 of HBV and FM Risk Assessment and Protection Plan form will be completed.
- Then forwarded to DAIU or PPU where info centrally collated.
Info gathering:
- Personal description of victim.
- Photo of victim.
- Elimination prints and DNA reference swab should be considered. If taken, this should be recorded on iVPD (no legal basis so only if consents).
- If victim a child/young person then details of school attended.
- Details of immigration status.
- Passport number and copy of passport - some nationalities have 2 passports. Officers should encourage the victim to travel using british passport only.
- National insurance number.
- Drivers license details.
- List of vehicle used by victim family and suspects.
- Details of extended family including addresses.
- Details of any proposed forced marriage including name of spouse and location.
- Any travel itinerary including return date.
- Info in relation to risk identification.
- Consider safekeeping of passport as additional safety measure (again with consent only).
- A concern report should be completed on iVPD on every occasion, a crime report if appropriate and a SID log.
- A DAQ should be carried out as a matter of routine.
- The protection and wellbeing of any associated children must be considered.
- All reports must be completed prior to the conclusion of the shift.
ONCE CHANCE RULE - Officers may only have ONE chance to speak to the potential victim of HBA or FN, you may have 1 chance to save a life.
- DO TAKE THEM SERIOUSLY
- DO SEE THEM IMMEDIATELY AND ALONE
- DO RESPECT THEIR WISHES AND REASSURE THEM
- DO ESTABLISH A MEANS OF SAFE CONTACT
- DO NOT SEND THEM AWAY/MINIMISE THEIR CONCERNS
- DO NOT APPROACH FAMILY OR COMMUNITY (INTERPRETERS)
- DO NOT SHARE INFORMATION WITHOUT CONSENT
- DO NOT ATTEMPT TO MEDIATE
What are some signs of FGM?
What are the signs that a girl may be at risk?
- Knowing that the family belongs to a community, in which FGM is practiced.
- Preparing for the child to take a holiday.
- Arranging vaccinations or planning an absence from school.
- The child may talk about a special procedure.
Signs that it has already occurred?
- Prolonged absence from school.
- Noticeable behaviour change on return.
- Long periods away from classes/other normal activities.
- Bladder or menstrual problems.
Name some barriers that may cause the non-reporting of Honour Based Abuse.
- Fear or further worse violence and abuse
- Love
- Feelings of obligation/duty towards the perpetrators
- Shame and guilt, fear of dishonor
- Fear of the unknown
- Fear of deportation or destitution
- Unaware of rights, services and lack of English language
- Fear of isolation and social ostracism
- Financial worries
- Impact on children and siblings
- Community and religious leaders encouraging problems to be solved within the community
Define: Domestic Abuse.
“Any form of physical, verbal, sexual, psychological or financial abuse which might amount to criminal conduct and which takes place within the context of a relationship. The relationship will be between partners (married, cohabiting, civil partnership or otherwise) or ex-partners. The abuse can take place in the home or elsewhere including online”.
What is meant by the term “Coercive control”?
- A pattern of controlling and abusive behaviour which seeks to take away someone’s liberty or freedom and strips away their sense of self.
- May include isolating, degrading, mind games, unreasonable demands, controlling everyday aspects of their lives, monitoring phone calls, how they dress, food they eat, social activity. Finances, destroying possessions.
- A world where the victim is constantly monitored and criticised, with their every move checked against an unpredictable and ever-changing set of rules. Based on the perpetrator’s stereotyped view of how the victim should behave, rules about how they cook, house-keep, parent, perform sexually and socialise.
- This surveillance can continue even when the perp is not present by way of constant phone calls or texts, spyware on computers, knowledge of email and social media passwords and using children to report on movement.
- This environment creates fear and confusion for the victim, who will often inform officers that “it is like constantly walking on eggshells”.
- It can intensify when the individual is brainwashed into accepting and adopting rules, and adapting their behaviour to survive within the relationship.
What legislation is used for Domestic Abuse?
Domestic Abuse (Scotland) Act 2018
- Existing common law and statutory offences linked to domestic abuse are largely focused on the more physical aspect of abuse e.g. threatening and violent behaviour. This doesn’t really reflect the wide range of behaviours associated with coercive control.
- The Act addresses this gap, in order to hold perpetrators to account for a much wider range of behaviours that are as damaging and impactful as physical harm and which limit the victim’s freedom.
- Can only be applied to offences committed after 1st April 2019.
Offence
Section 1 of the Act states that a person commits an offence if all of the following 3 conditions are met:-
- They engage in a course of behaviour (at least 2) which is abusive of their partner or ex-partner and;
- That a reasonable person would consider the course of behaviour would be likely to cause the victim physical or psychological harm; this includes fear, alarm and distress and;
- That they intend the course of behaviour to cause the victim to suffer phsyical or psychological harm, or is reckless as to whether it causes harm.
What would a defence for Section 1 be?
- the course of behaviour of the accused was reasonable in the particular circumstances.
- Example: a person ‘controlling’ their partner to prevent them causing harm to themselves or their children OR because that person was suffering from dementia OR limiting access to money to prevent an alcoholic partner from buying alcohol.
What constitutes abusive behaviour?
Under Section 2 of the legislation a non-exhaustive list of abusive behaviours include:-
- Violent (physical or sexual) behaviour.
- Threatening or intimidating.
- Directed at the person, a child (under 18) or any other person that has its purpose one or more of the following effects: Making the person feel dependant or subordinate, isolating them from friends/relatives/support, controlling or monitoring their activities, depriving or restricting their freedom of action, frightening, humiliating, degrading or punishing them.
- A “course of behaviour” = at least 2 occasions. Does not need to be the same behaviour on each occasion.
- Corroboration is required for a course of behaviour. So corroborated evidence (2 sources) of at least 2 separate incidents of abusive behaviour to show that:-
- The abusive behaviour took place
- That the accused was the perpetrator
Key Points
- the test is an objective test.
- it is not required that each individual incident likely to cause harm but the course of behaviour as a whole.
How is a Domestic Abuse incident aggravated?
Section 5 - Aggravation
- When a child under 18 years old is involved.
This aggravation should be added if:-
-At any time during commission of the offence: - Behaviour is directed at a child
- The person makes use of a child
- A child sees, hears or is present during an incident (the relationship of the child to either party is irrelevant).
- A reasonable person would consider the course of behaviour to be likely to adversely affect the child residing with either party (the child must usually live with the victim or accused).
Note: there only needs to be a single source of evidence to prove the aggravation and there is no need to prove that the child was aware or understood the behaviour.
List some trigger points for domestic abuse.
- Moving in together
- Engagement/marriage
- Pregnancy/birth
- Termination of a relationship
What crimes are associated with domestic abuse?
- Assault, which refers to any attack (included an attempted attack or menaces), directed to take effect physically on the person of another.
- Breach of the Peace, which refers to behaviour such as disorderly conduct, threatening behaviour, shouting and swearing which is likely to have the effect of putting others in a state of fear or alarm.
- Stalking, where a person engages in a course of conduct i.e. on at least 2 occasions where:
- The conduct is intended to cause fear or alarm, or;
- The person ought to have known the conduct, in all circumstances would cause fear or alarm (recklessness), and;
- It does in fact cause the victim to suffer fear or alarm.
Note: not all victims show outward sign of distress and as such, the absence of distress does not mean an incident has not occured.
- Threatening and abusive behaviour - where likely to cause a reasonable person to suffer fear or alarm, and the person intends to cause fear or alarm, or is reckless….
This can be things said or things done, can be a single act or course of conduct. - Sexual crime, including rape, sexual assault, revenge porn, sexual coercion.
What are the three tiers for tackling domestic abuse?
Tier 1
Local policing response, made up by officers and staff across Scotland, working with local communities to support victims and bring domestic abuse perpetrators to justice.
Tier 2
Domestic Abuse Investigations Unit (DAIU), committed to undertaking investigations of a more complex nature or of greater risk. These are specialists, based in local policing divisions who are best placed to support officers and work with specialist partners in our communities to support victims and bring offenders to justice.
Tier 3
Domestic Abuse Task Force (DATF) of the Specialist Crime Divisions leads on investigation of the ‘worst of the worst’, the serial perpetrators who move from relationship to relationship causing harm to others. They don’t only focus on the most recent victim(s) but also look at the lifetime of a perpetrator’s domestic relationships and offending history, seeking to build a strong evidential case and prevent further abuse. They also work with local divisions in investigating complex abuse, both recent and non-recent.
What are your responsibilites in regards to tackling domestic abuse and what actions should be taken?
- Attend and assume operational responsibility
- Prioritise and establish the safety and wellbeing of the victim. -Medical attention must be an immediate consideration; options include requesting the attendance of an ambulance or a doctor.
- Prioritise the safety and wellbeing of the victim’s family and any other relevant persons, including the perpetrator. This includes considering matters of Adult and Child Protection and where concerns are present, taking appropriate action.
- Ensure the victim is spoken to separately from any potential perpetrators outwith both their hearing and sight.
- Officers will carry out enquiries to ensure the welfare of any child present. If a child was present but is no longer at the locus of the incident, measures must be taken to ensure their wellbeing.
- Where it is suspected that a child has seen or heard or experienced domestic abuse, the attending officers should make efforts to speak with the child to establish if they are a witness to domestic abuse, if they feel safe and if there is anything that is upsetting them. ***
- Afford the victim the opportunity to specify the gender of the interviewing officer.
- Complete the DAQ’s with the victim, recording all replies whilst proving the responses and take appropriate action to maximise safety.
- Consider the need to check SHOGUN (national firearms database) to ascertain if any party including the victim hold a Firearms, Shotgun or Air Weapon certificate. If so, there is an expectation these will be seized unless in exceptional circumstances.
- Conduct a full and thorough investigation, securing all available inculpatory and exculpatory evidence and take appropriate action.
- Offer the Victim access to Victim Support and Advocacy services.
- A Victim Care Card MUST be completed, explained and left with the victim.
- Complete relevant admin updated including submission of iVPD, SID log.
- Ensure supervisors are kept updated throughout the initial response and investigation.
- Ensure the victim is regularly updated throughout the investigative progress.
- Proactively pursue the perp so they can be processed promptly by the CJS.
- Augment existing criminal law by making the victim aware of civil remedies available to them i.e. NHO/Interdict.
- Unless there are exceptional circumstances, all reports must be made using the Domestic Abuse template.
What should be included in a Victim Statement for a Domestic Abuse?
- The victim’s vulnerability and dependence upon the perpetrator.
- Victim’s age.
- Victim’s physical, mental and emotional health.
- Victim’s ethnic and cultural background.
- Presence or absence of family support.
- Presence or absence of social work support.
- Employment status and financial circumstances.
- Dependents of the perpetrator and, in particular, the arrangements for residence, contact and financial support pending trial.
- Info in relation to the employment of the perpetrator.
- Details of previous allegations of Domestic Abuse, whether reported to the PF or not.
- The existence of any interdicts or court orders whether civil or criminal and any ongoing proceedings in relation to child custody.
What are the Domestic Abuse Questions (DAQ) and how does this help us assess risk?
- Set of 27 questions used to identify, assess and manage risk.
- 15/27 relate to HIGH RISK Areas.
- All the questions must be asked at EVERY incident and answers recorded with the exception of non-attributable, non-criminal incidents.
- Must be explained to the victim why these questions are being asked, for their safety and protection and an initial assessment to establish the level of risk posed to the victim.
- Answers must be fully recorded and any YES responses must be expanded on.
- An iVPD report must always be submitted afterwards.
- Completion of the DAQ and subsequent disclosure will ultimately contribute to a safety plan for victims and children.
What are the High Risk questions?
- Have you separated or tried to separate from the perpetrator within the past year?
- Is there conflict over child contact?
- Does the perpetrator constantly text, call, contact, follow, stalk or harass you?
- Are you pregnant or have you had a baby in the past 18 months?
- Has the perpetrator ever hurt the child(ren)?
- Has the perpetrator ever threatened to hurt or kill the children?
- Is the abuse happening more often?
- Is the abuse getting worse?
- Does the perpetrator try to control everything you do and/or are they excessively jealous?
- Has the perpetrator ever used weapons to hurt you?
- Has the perpetrator ever attempted to strangle/choke/suffocate/drown you?
- Does the perpetrator do or say things of a sexual nature that make you feel bad or that physically hurt you or someone else or that you didn’t want to do or happen to you?
- Is there any other person who has threatened you or who you are afraid of?
- Has the perpetrator ever mistreated an animal or the family pet?
- Has the perpetrator had problems in the past year with drugs (prescription or other), alcohol or mental health leading to problems in normal life?
- Has the perpetrator ever threatened or attempted suicide?
What are the levels of risk related to the DAQ?
14 or above = HIGH RISK automatically. Indicators of risk of SERIOUS HARM could happen at any time and impact would be serious.
Below 14 = MEDIUM RISK - perp likely to cause serious harm if there are a change in circumstances.
If you have serious concerns about the situation, your professional judgement can raise the risk level to HIGH because of your experience, instinct etc.
Standard = below 14 and no significant current indicators of risk or serious harm.
What does the RARA Risk Management mneumonic involve?
- Remove the Risk - detain subject, arrest and seek remand in custody.
- Avoid the Risk- rehouse the victim in a place unknown to suspect.
- Reduce the Risk - joint intervention with partner agencies to provide the victim with suitable advice and assistance. Request bail conditions for the suspect and carry out bail checks.
- Accept the Risk - only applicable to Standard cases where no likelihood of further risk to the victim.
What is MARAC?
- Multi-Agency Risk Assessment Conference
- All high risk cases will be considered for referral to a MARAC.
Purpose of MARAC is to:
- Share info across agencies.
- Identify the level of risk presented by the perpetrator.
- Produce multi-agency action plans to reduce the risk to victims and their children.
Partners include: Police Scotland, Criminal Justice Social Work, Children and Families Social Work, Health, Housing and Independent Domestic Abuse Advocates.
What is the Disclosure Scheme for Domestic Abuse Scotland?
AKA Clare’s Law - gives people at risk of Domestic Abuse the info they need to make informed decision about whether to continue the relationship. Two main pathways - RIGHT TO ASK and POWER TO TELL.
Right to Ask - Public. Anyone who has concerns about a new partner’s abusive past can ask police to conduct inquiries into this, with the aim of keeping them safe from harm. Can also be done by a third party. However, they would not be likely to receive this information, but it would be given to the person in the relationship.
Power to Tell - professional. Police receive info or intelligence about a person thought to be at risk of suffering domestic abuse. The report may come to police as a consequence of completing daily duties.
Outline the different steps to the Disclosure Scheme.
Step 1 - Applications into the Scheme - Online, Police Station, 101, Police on the street, as part of an ongoing enquiry. If dealing with live enquiry, no need to tell the individuals involved of your intention to submit an application on their behalf. This may put them at greater risk.
Step 2 - Initial Checks and Initial Contact - Once application is received, the Division will run initial checks and a risk assessment will be conducted. If it is suspected the person is at immediate risk then action will be taken.
Step 3 - Face to Face Meeting/Background checks - Depending on the outcome of step 2, the applicant may be invited to a face to face meeting where a Domestic Abuse Questions (DAQ) Risk Assessment may be completed. This is a continuation of the application process and will seek to clarify and gather further info about the persons concerned. Further enquiries with partner agencies e.g. social work will also be done. Once this stage is complete the info will be collated and passed on for further evaluation.
Step 4 - Decision Making Forum - Police and other agencies will attend this meeting and review info to make a decision about potential disclosure. They will decide if disclosure is lawful, necessary and proportionate to protect the potential victim from his/her partner.
Step 5 - Disclosure - if person may be at risk of harm, then disclosure made to them or someone who can protect them from the abuse. Info may not be sufficient to suggest that they pose risk to other person so in this case they would be advised of this. If no information held on partner than again this would be explained. However, regardless, if there are concerns about behaviour then advice and support should still be given.
Further Disclosure - must fully explain that the details given are confidential and must only be used to make decisions about staying safe. They will sign a document stating that they understand that any further disclosure constitutes a breach of Data Protection.
Explain the options available regarding the release or otherwise of accused persons.
Where there is sufficiency of evidence & the accused has been cautioned and charged, they will either be:
- Released on an undertaking to appear at court at an early diet, OR
- Held in custody pending appearance at court.
If accused not traced at time of incident and there is sufficient evidence, then a warrant will be sought.
State the options open to the court when a person appears from custody charged with a crime relating to domestic abuse.
Pleads guilty:
- dealt with that day
- if no custodial sentence passed then free to return home
- often the sentence is deferred for reports from social work
Pleads not guilty:
- date will be fixed for the trial
- accused can then be released on bail
- court can attach special conditions to the bail e.g. prohibiting the accused’s return to the family home or from approaching or contacting the victim.
Explain the terms ‘Matrimonial Home’ and ‘Family Home’.
The two terms are almost the same and include traditional homes in the form of house, flats, apartments etc. and also less conventional homes like caravans and houseboats. The term “home” also extends beyond the residence itself and includes associated grounds and gardens and other buildings, e.g. garage, sheds etc.
The difference is that for a “matrimonial home”, the couple occupying it MUST be either MARRIED or in a CIVIL PARTNERSHIP.
Define ‘Occupancy Rights’ under the Matrimonial Homes (Family Protection) (Scotland) Act 1981.
The 1981 Act confers automatic occupancy rights to both “Entitled” and “Non-entitled” partners in a Marriage or Civil Partnership.
Neither can exclde the other from the home.
However, a “Non-entitled” spouse or partner, despite having occupancy right, is in a disadvantaged position in that he/she has no right of ownership or tenancy to the property.
Occupancy rights are:-
- The right, if in occupation, to continue to occupy the matrimonial home.
- If not in occupation, a right to enter into and occupy the matrimonial home.
- And in either case the right to do so together with any child of the family.
Automatic Occupancy Rights can be lost if they are not used by the “non-entitled” partner. If there has been no cohabitation for two continuous years and the “non-entitled” partner has not resided in the home during that period, then he/she loses their occupancy rights. This rule cannot apply to someone with sole or joint ownership of the property. Rights of ownership are never lost.
Explain how occupancy rights are affected by different categories of relationship.
Cohabiting Couples who are Joint Tenants/Owners
- not married or in civil partnership
- joint owners or tenants
- both have automatic right to reside there
- both names would have to be present on the mortgage, rent book, title deeds or lease.
- neither can lawfully exclude the other from the house.
Cohabiting Couples Where Only One is the Sole Owner/Tenant
- not married or in civil partnership
- only one partner is the sole tenant/owner
- the other person does not have automatic occupancy rights regardless of the length of the relationship
- the sole tenant/owner can require the partner to leave, and
- the partner can be refused access to the property.
- however, the partner who is not the sole tenant/owner can apply to the court to have occupancy rights granted (slow process and would only extend rights for 6 months).
Explain the provisions of Section 22 of the Rent (Scotland) Act 1984 with regard to domestic incidents.
Creates a criminal offence for anyone to deprive a ‘residential occupier’ of premises of their occupation of the premises. This can include:
- harassing the occupier from the home
- changing the locks and thereby preventing access
- depriving the occupier of utilities required to make normal habitation possible e.g. turning off the gas or electricity.
This act protects those who have occupancy rights. It does not cover a cohabiting partner with no occupancy rights as they are not by definition a ‘Residential Occupier’.
The Act DOES NOT give a power of entry. This Act is usually used for landlords.
Explain the purpose of interdicts.
- Court orders made to prevent the commission of a wrongful or illegal act.
- Issued under civil law.
- Power of arrest attached to some interdicts.
- Matrimonial, Domestic or Relevant Interdict, depending on the nature of the relationship between the couple.
- Any spouse or partner, of either sex and whether married, unmarried or in a civil partnership can apply to the court for a n interdict to protect them from abus.
- An interdict can prohibit:
- any conduct of one spouse towards the other spouse (or a child of the family), or
- a spouse from entering or remaining in the matrimonial home or a specific vicinity of the matrimonial home
- entering or remainingin any other residence occupied by the applicant spouse
- the abusive partner enterting or remaining in the place of work of the other partner
- the abusive partner entering or reamining in the school attending by any child in the care of the other partner
- Intedicts can offer protection not only to the abused partner but also to children of the family.
State the correct police action in relation to Interdicts without a power of arrest.
- do not have the power to arrest the other partner for a breach of interdict
- the complainer should be advised to contact their solicitor with a view to raising breach of interdict proceedings
- look at all circumstances and consider whether or not a crime has also been committed.
- if their behaviour ammounts to an assault or breach of the peace for example, then Section 1 power of arrest can be used.
- Priority is always the safety of the applicant and any children.
State the police powers and procedures to be followed in relation to Interdicts with a power of arrest.
- check with control room to confirm existence of any ‘live’ interdicts
- can arrest the person without warrant if you:
- have reasonable cause to suspect the person of being in breach of interdict, and
- consider that there would be, if the person were not arrested, a risk of abuse or further abuse by that person in breach of interdict
- Power of arrest is from S4 of the Protection from Abuse (Scotland) Act 2001 and not usual S1 power.
- Guidelines from the Lord Advocate state that an offending spouse will be arrested in all but the most trivial cases e.g. accidental meeting in a shop where no threatening behaviour is present and the safety of the applicant and/or child is not in doubt.
- The applicant cannot waive the power of the arrest once the interdict is in force. Even if a reconciliation occurs, an arrest should still be made if a person breaches an interdict.
- When arrested for a breach of domestic abuse interdict, they will be brought before the court on the next lawful day.
- A sheriff can authorise the arrested person to be detained in custody for up to 48 hours if the arrested person continues to present a risk to the person names in the interdict.
State the purpose of an Exclusion Order.
- used to suspend one partner’s occupancy rights to the matrimonial/family home.
- usually come with a package of interdicts.
- including an interdict prohibiting the abusive partner from entering or remaining on the premises.
- like interdicts, they are served on the person to whom they are addressed by Sheriff Officers.
Purpose/effect:
- the non-applicant partner must leave the matrimonial /family home (usually given 7 days notice)
- can prohibit the partner from entering or returning to the home AND/OR damaging the property OR removing furnishings and fittings.
- power of arrest is almost always attached to interdicts.
Explain the Getting it Right for every Child (GIRFEC) values and principles.
What is it?
- National approach to improving the wellbeing of children and young people.
- Child-focused
- based on an understanding of the wellbeing of a child in their current situation
- based on tackling needs early
- requires joined up working
- partner agencies should work together to support families, where appropriate, take early action at the first signs of difficulty, rather than only getting involved when a situation has already reached crisis point.
Values & Principles
- Promoting the wellbeing of individual children and young people
- Keeping children and young people safe
- Putting the child at the centre
- Taking a whole child approach
- Building on strengths and promoting resilience
- Promoting opportunities and valuing diversity
- Providing additional help that is appropriate, proportionate and timely.
- Supporting informed choice
- Working in partnership with families
- Respecting confidentiality and sharing information
- Promoting the same values across all working relationships
- Making the most of bringing together each worker’s expertise
- Co-ordinating help
- Building a competent workforce to promote children and young people’s wellbeing
What are the SHANARRI wellbeing indicators?
SAFE HEALTHY ACHIEVING NURTURED ACTIVE RESPECTED RESPONSIBLE INCLUDED
Who has parental responsibility?
- Mothers automatically have parental responsibility (only taken away by a court order).
- Father has these rights and responsibilities IF:-
- He was married to the mother at conception or thereafter
- He has been given them by a court order or
- He has agreed rights and responsibilities with the mother and registered them through a legal process
- He is recorded as the father on the birth certificate (ON or AFTER 4th May 2006).
- Second female parent by agreement with mother.
- Parental rights and responsibilities can also be acquired through adoption and formal surrogacy arrangements.
- Divorce or seperation - both will continue their roles/responsibilities unless court is not satisfied.
- Court can also decide to give parental responsibility to another adult.
Explain Section 12 of the Children and Young Persons (Scotland) Act 1937.
WILNEGABEX and his MANLICUSIN
Creates an offence for:
- Any person aged 16 years or over who has the parental responsibilities for the charge or care of a child or young person under 16 years, and;
- Wilfully ill-treats, neglects, abandons or exposes him/her in a manner likely to cause unecessary suffering or injury to health (including mental health).
Charge = delegated that responsibility e.g. babysitter Care = actual possession or control of that child e.g police officer with a lost child Wilfully = deliberate and intentional
In a manner likely to cause - the child does not actually have to be harmed but must be a likelihood e.g. young person left in a house with knives and sharp objects left within their reach.
MUST prove that the child or young person is Under 16 years of age. Seize the birth certificate and lodge it as a production.
How should Police respond to a potential Section 12?
- Note the circumstances of how you were informed
- Gather relevant statements
- Ensure the safety of the child/children in the house immediately
- Remain with them until a family member/friend or social work attend.
- Ensure all relevant checks have been completed prior to leaving them in anyone’s care.
- Consider immediate medical attention, whether locally or at a hospital.
- Evidence is paramount so consider whether this is a crime scene and proceed accordingly.
- Contact your supervisor who will alert CID or PPU.
- Social work may attend.
- A check of iVPD should highlight if child is on Child Protection register or if they have been within last 6 months.
- Record all contact with social work.
- Note the conditions and attitudes of all those present, both adults and children.
- A specially trained officer should carry out the interview of the child. However, can ask a general questions like “what happened” in order to get an early verbal account. Note down the questions and answers verbatim.
Identify warning signs in relation to child abuse.
Parents
- reluctance to discuss injuries
- inconsistencies in explanation
- hostility towards an agency
- uncooperative with home visits
- stress related issues
Children
- Undue fear of adults
- Irratibility
- Finger grip bruising
- Disproportionate or repetitive bruising
- Unexplained fractures
- Bites, circular burns
- Unusual bite marks or welts
- Healed injuries, revealed from scars or x-rays
What is “smacking” or “reasonable chastisement” now considered as?
- common law assault with a child aggravation
- can happen anywhere - in public and private places.
- minor = Recorded Police Warning, crime report and iVPD concern report.
- more serious = emergency powers from Sheriff. CPO (Child Protection Order). If immediate intervention required then Section 56 of the Children’s Hearing Act 2011 provides that a constable:
- may remove a child to a place of safety and keep the child there if;
- the constable is satisfied that the child is being beglected or treated in such a way that they are likely to sugger significant harm; and
- removal is necessary to protect the child from harm; and
- it is not practicable in the circumstances for an application for a child protection order to be made to or considered by the sheriff.
The child may be kept in a place of safety under this section for a period of no more than 24 hours during which, typically, further protective measures will be sought.
What do the different colours of iVPD flags correspond to?
Red flag - child or young person currently on the register
Blue flag - has been de-registered (this will be displayed for 6 months)
Amber flag - mother of an unborn child where a decision has been made to place their name on the register.
Explain the procedures and guidelines for the arrest of youth offenders.
Explain the statutory grounds that must be satisfied to determine if a report should be submitted to the Reported to the Children’s Panel.
Explain the procedures for youth offenders including Early and Effective Intervention.
