Unit 6: Protection and Wellbeing in our Communities

Question 1

1: Valuing Diversity and Inclusion

Explain the importance of diversity and equality awareness and its requirement within the organisation

Answer 1

Recognising uniqueness and individual differences
Building inclusivity, respect, equity and fairness
Fairness through equality for staff, witnesses and offenders

Question 2

1: Valuing Diversity and Inclusion

What is stereotyping, and what can be the negative impact on communities

Answer 2

Prejudice based on bias

Prejudice can lead to discrimination, undermining the principles of fairness, integrity and respect

This can then lead to damage (or further damage) to relationships with groups within the community

Question 3

1: Valuing Diversity and Inclusion

Diversity legislation

Answer 3

Human Rights Act 1998
Equality Act 2010
Breastfeeding etc (Scotland) Act 2005
Work and Families Act 2006
Civil Partnership (Scotland) Act 2020
Sex Discrimination (Gender Reassignment) Regulations 1999
Gender Recognition Act 2004
Children and Young People (Scotland) Act 2014
Marriage and Ciil Partnership (Scotland) Act 2014

Question 4

1: Valuing Diversity and Inclusion

Describe appropriate action to be taken if unacceptable behaviour contravenes the law

Answer 4

Speak to the person
Explain impact on others
State that you want an immediate end to the behaviour
Warn that you will escalate
Respond to hate speech

Question 5

2: Hate Crime

What is the definition of a Hate Crime?

Answer 5

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

Question 6

2: Hate Crime

Describe the effect Hate Crime can have on an individual, group, or community

Answer 6

Can have a devastating impact on the victim - whether it’s a physical or verbal assault.

Effects can include, trauma, fear/distress/alarm, financial losses, physical injury, isolation and more

Question 7

2: Hate Crime

What is the definition of a Hate Incident

Answer 7

Where no crimininality has been established, but an incident still appears to be partially or wholly motivated by the membership, or perceived membership, of a specified group

Question 8

2: Hate Crime

Describe the importance of victim perception in identifying Hate Crime

Answer 8

While the evidence of a single victim/witness is not enough to show sufficiency, the perception of the victim is enough to libel a Hate Crime aggravation to another crime

Question 9

2: Hate Crime

Describe the offences related to ‘racially aggravated harassment’ and ‘racially aggravated behaviour’

Answer 9

Two standalone statutory offences:

Section 50A (1) (a) Criminal Law (Consolidation) (Scotland) Act 1995
Makes it an offence to pursuse a course of racially aggravated harassment, where it is intended to amount to harassment, or where it could appear to amount to harassment to a reasonable person.

Require 2x or more incidents involving the accused (not necessarily the same victim)

Section 50A (1) (b) Criminal Law (Consolidation) (Scotland) Act 1995
Makes it an offence to act in a manner which is racially aggravated which causes, or intends to cause, a person alarm or distress

Conduct can be deemed to be racially aggravated if IMMEDIATELY before, during, or after, the offender displays malice or ill will towards the victim based on the membership, or perceived membership, of a racial group

Question 10

2: Hate Crime

Describe the aggravations of the crimes and offences as detailed in:

Section 96 Crime and Disorder Act 1998
Section 74 Criminal Justice (Scotland) Act 2003
Sections 1 & 2 Offences (Aggravated by Prejudice) (Scotland) Act 2009

Answer 10

Section 96 Crime and Disorder Act 1998
Can be applied to all types of crimes, and adds an aggravation based on race

Section 74 Criminal Justice (Scotland) Act 2003
Can be applied to all types of crimes, and adds an aggravation based on religion

Sections 1 & 2 Offences (Aggravated by Prejudice) (Scotland) Act 2009
Aggravations based on disability (Section 1), or sexual orientation/transgender identity (Section 2)

Question 11

3: Missing Persons

Explain the definitions of a missing person, and a concern for person

Answer 11

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 a crime, or
- The person is at risk of harm to themselves or another

Concern for person
A person whose whereabouts are know, or believed to be known, and there are concerns of risk or harm to the individual

Question 12

3: Missing Persons

What are some of the reasons a person may go missing?

Answer 12

Avoiding the legal system/evading the police
Relationship breakdown
Financial problems
Emotional problems
Mental health problems
Victims of abuse
Suicide
Drugs, alcohol, or gambling
Stress
Depression
Accident
Dementia
Abduction

Question 13

3: Missing Persons

Initial investigative considerations and actions

Answer 13

Obtain misper’s particulars
Complete a risk assessment
Obtain statements
Identify a SPOC
Assess levels of support required by family
Update supervisor
Obtain a recent photograph and circulate
SEARCH MISPER’S HOME/RESIDENCE, LAST PLACE SEEN AND PLACE MISSING FROM/VEHICLES
Check all police systems
Identify missing items/possessions
Check local transport hubs/hospitals
CCTV
Consider capture of electronic devices
Raise a misper report on National Missing Persons Application
Raise to UK Missing Persons Unit after 72hrs

Question 14

3: Missing Persons

Explain the risk assessment process for missing persons

Answer 14

Must be carried out by the Initial Attending Officer for every missing person.

Supervisor must be informed

Three risk categories:
High Risk
Medium Risk
Low Risk

NMPA should be added

Risk assessment tool in the Aide Memoire must be used

Question 15

3: Missing Persons

Explain information that must be gathered to complete a comprehensive return interview

Answer 15

Level of detail will depend on level of risk and general circumstances.

Return interview information will be recorded on NMPA.

Required information is set out in Aide Memoire, and includes:

Circumstances of return (self return vs traced and info of who traced them)
Health and vulnerability issues (injury, illness, mental health, self harm etc)
Other relevant information (history of similar behaviour, religion/cults)

May also include:
Reason for disappearance
Circumstances while away (what they did, who they saw, what they did for money)

Question 16

3: Missing Persons

What are Looked After & Accommodated Children (LAAC)?

Answer 16

Children and young people who are looked after or reside in a care setting.

Often this will mean a vulnerability which is easier to exploit.

Repeated instances of absconding/running away should be treated with the same importance. Just because a person has gone missing previously and returned home safely does not mean that they are at any less risk.

Question 17

3: Missing Persons

Examples of Absconders

Answer 17

A child who fails to return to local authority care

A person who leaves hospital after being admitted as a compulsory or voluntary patient

A person who fails to return to custody

Question 18

3: Missing Persons

Outline of legislation relating to absconding from care, hospital or prison

Answer 18

Section 169 Children’s Hearings (Scotland) Act 2011
Gives police the power to return a child to a place where the child is required to be kept there and absconds.

Section 170 Children’s Hearings (Scotland) Act 2011
Gives police the power to return a child to a person where the person has control of that child

Section 171 Children’s Hearings (Scotland) Act 2011
Creates an offence to knowingly assist a child to abscond, to harbour a child who has absconded, or prevent a child from returning to a place of safety

Mental Health (Care and Treatment) (Scotland) Act 2003
Sets out several acts concerning the return of absconders but can be handled on a voluntary basis, under the terms of Section 297, Section 35 Warrant + Section 293/294 Removal Orders etc.

Absconded Prisoners will be dealt with a priority via a warrant sought by COPFS from the courts.

Question 19

4.2: Mental Health and Suicide Intervention

Initial approach considerations

Answer 19

Reduce immediate danger
Assume a calm, non-threatening manner
Consider personal space

Engage appropriately by using the ALERT mnemonic:

Ask
Listen
Encourage
Reassure
Take action

Question 20

4.2: Mental Health and Suicide Intervention

What is Active Listening?

Answer 20

Using open questions, in simple, direct language
Slow, clear and simple speech
Show concern and empathy
Allow them to vent, and prompt for further dialogue
Avoid arguing
Be honest
Adopt a firm, but non-intimidating, tone

Question 21

4.2: Mental Health and Suicide Intervention

Identify appropriate actions when dealing with persons who are suffering mental health disorder or are at risk of suicide

Answer 21

Reduce danger
Assume a calm manner
Consider personal space

Ask
Listen
Encourage
Reassure
Take

Engage Active Listening skills

Seek medical assistance where appropriate

Deal with the crime/warrant as normal (unless there are exceptional circumstances)

Question 22

4.2: Mental Health and Suicide Intervention

Procedures to adopt if a person with an apparent mental health illness has committed a crime or offence

Answer 22

Unless there are exceptional circumstances (crime is of a minor nature/not in the public interest to prosecute), deal with the crime/warrant as normal.

In such circumstances, seek guidance from Supervisor.

Question 23

4.2: Mental Health and Suicide Intervention

Powers and responsibilities when dealing with someone in apparent mental health crisis

Answer 23

Section 297 Mental Health (Care and Treatment) (Scotland) Act
Gives police the power to remove a person to a place of safety from a public place when they reasonably suspect that person of having a mental disorder, that they are in need of immediate treatment, and it is deemed to be in the interest of safety to do so.

They can be detained in this way for no more than 24 hours.

Relevant info should be noted and VPD raised.

Section 298 requires the police to share information with the Local Authority, nearest relative and Mental Welfare Commission.

Section 292 Warrant (for absconders) or Section 35 Warrant and Section 293/294 can achieve the same objective but from a private place. Otherwise it is unlawful, unless removal is achieved on a voluntary basis.

Question 24

4.2: Mental Health and Suicide Intervention

What is a place of safety?

Answer 24

A hospital or care setting, or any other suitable place other than a police station (other than as a last resort).

Question 25

4.2: Mental Health and Suicide Intervention What are Compulsory Treatment Orders?

Answer 25

An instruction that requires a person with a mental disorder to be detained in a hospital, kept in the charge of an authorised person, reside at a specified place, or otain the approval of a Mental Health Officer prior to moving address. Failure to comply can mean the subject of the CTO being taken into custody. There is no power of entry attached to a CTO.

Question 26

4.2: Mental Health and Suicide Intervention Procedure following no admission to hospital

Answer 26

Following a mental health assessment, if there is no requirement for hospital admission, police powers under S297 end and the person is free to leave. Duty of care still exists. The following should be recorded: Particulars Outcome of joint risk assessment and MH assessment Particulars of the MHO Clinical information Is the person safe to travel home? Is there someone capable who can take responsibility for the person? Any other info (care plans, aftercare etc)

Question 27

6: Honour Based Abuse Define Honour Based Abuse

Answer 27

No specific crime, but 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'."

Question 28

6: Honour Based Abuse Signs that a girl may be at risk of FGM

Answer 28

Belonging to a community known to practice FGM The family preparing to take or send the girl on holiday Arranging vaccinations or planning an absence The child talking about a 'special procedure' Prolonged absence from school Changes in behaviour

Question 29

6: Honour Based Abuse FGM and the law

Answer 29

Prohibition of Female Genital Mutilation (Scotland) Act 2005 Updated and strengthened legislation carries up to 14 years imprisonment for those guilty of carrying out FGM

Question 30

6: Honour Based Abuse Forced marriage vs Arranged marriage

Answer 30

An arranged marriage is lawful and involves the free consent of the two individuals due to be married. A forced marriage typically will be between a young girl, and an older male which has been arranged and organised by her parents. There is no consent, and often the girl will be physically taken away to be married elsewhere. She in unable to refuse, and faces ostracisation, assault, abduction or worse should she take steps to avoid the marriage.

Question 31

6: Honour Based Abuse Considerations for victims of HBA

Answer 31

The victim must be spoken to alone, and if willing, in a neutral place. Any interpreter should not be known to the victim - family or community members should not be used. Priority should be given to the victim's welfare. Supervisor and relevant teams should be informed (HBA SPOC and Domestic Abuse Investigation Unit). Fast and accurate risk assessment and action should be undertaken.

Question 32

6: Honour Based Abuse What is the One Chance Rule?

Answer 32

You may have one 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 concerns Do not approach family or community members as interpreters Do not share information without consent Do not attempt to mediate

Question 33

7.1: Domestic Abuse - Introduction Define Domestic Abuse

Answer 33

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.

Question 34

7.1: Domestic Abuse - Introduction Outline the concept of coercive control

Answer 34

A pattern of controlling and abusive behaviour, seeking to take away someone's liberty or freedom, and strips away their sense of self. Abusive behaviours may include isolation, degradation, mind games, monitoring phone calls, controlling social contact, money, clothing etc. ``` The Power and Control Wheel sets out 8 types of coercive behaviour profiles: Using intimidation Using emotional abuse Using isolation Minimising, denying and blaming Using children Using male privelege Using economic abuse Using coercion and threats ```

Question 35

7.1: Domestic Abuse - Introduction Outline the offence created by Section 1 Domestic Abuse (Scotland) Act 2018

Answer 35

A person commits an offence if all 3 of the following conditions are met: Engage in a course (2+ examples) of abusive behaviour A reasonable person would consider such behaviour as likely to cause physical or psychological harm The intent of said behaviour is to cause harm, or is reckless as to whether or not harm is caused

Question 36

7.1: Domestic Abuse - Introduction Outline the aggravation of an offence as detailed in Section 5 Domestic Abuse (Scotland) Act 2018

Answer 36

The aggravator is added should the offence involve a child under the age of 18. If the behaviour is directed at, or involves a child. If the child sees, hears, or is present during an incident. A reasonable person would consider the behaviour likely to adversely affect the child. Only a single point of evidence is required (no corroboration necessary)

Question 37

7.1: Domestic Abuse - Introduction Identify trigger points for domestic abuse

Answer 37

Opportunities for an abuser to exercise their power, and will often be life changing events which effect the balance of a relationship, such as: ``` Moving in together Engagement Marriage Pregnancy Birth of a child Termination of a relationship ```

Question 38

7.2: Domestic Abuse - Initial Investigation State which crimes are commonly associated with domestic abuse

Answer 38

``` Assault Breach of the Peace Stalking (S39 Criminal Justice and Licensing (Scotland) Act 2010 S38 Criminal Justice and Licensing (Scotland) Act 2010 Sexual crime (Rape, Sexual Assault, Sexual Coercion, Revenge Porn) Vandalism Theft Fraud Extortion Animal Cruelty Fire raising Abduction Threats Possession of offensive weapons Murder ```

Question 39

7.2: Domestic Abuse - Initial Investigation Describe the responsibilities you have when investigating a domestic abuse incident

Answer 39

As a Tier 1 responder, I have a responsibility to work with local communities to support victims and bring domestic abuse perpetrators to justice. Tier 2 and 3 responses will involve specialist units. Operational policing response involves: Assuming operational responsibility Prioritising and establishing safety and welfare of the victim and family members, including immediate medical attention where required Ensuring the victim is spoken to separately from the perpetrator Carry out enquiries as to the welfare of any children present, and make efforts to speak to the child where they have been witness to the abuse Afford the victim an opportunity to specify the gender of the interviewing officer Note a full statement Complete the Domestic Abuse Questionnaire Consider the need to check SHOGUN Conduct a full and thorough investigation Offer access to Victim Support and Advocacy Services Complete a Victim Care Card Complete VPD and other administrative updates Create a SID log where a crime has been submitted Update supervisors Update the victim regularly Proactively pursue the perpetrator Make victim aware of civil remedies (NHO, interdict)

Question 40

7.2: Domestic Abuse - Initial Investigation Explain the Domestic Abuse Questionnaire questions and risk assessment process

Answer 40

Comprises 27 questions, 15 of which relate to High Risk areas. Questions are set out in the Domestic Abuse Aide Memoire and cover areas like extent of any injuries, whether the victim is frightened, mental health concerns, conflict with the perpetrator, history of stalking/harassment, history of abusive behaviour etc. Responses are then tallied and scored. A score of 14 or above is automatically graded as High Risk A score of 14 or below is graded as Standard Risk, except where there is concern the perpetrator is likely cause Serious Harm. This is based on your professional judgement.

Question 41

7.2: Domestic Abuse - Initial Investigation Outline the Disclosure Scheme for Domestic Abuse Scotland (DSDAS)

Answer 41

Aims to provide a way of sharing information about a partner's abusive past with a potential victim or someone who can help keep them safe. Right to Ask - Anyone who has concerns can raise them with police or ask the police to conduct enquiries, but unlikely a third party would receive information about the partner Power to Tell - Triggered when police receive intelligence about a person at risk of suffering domestic abuse Step 1 - Applications to the Scheme (online, in person, 101) etc. Information sharing (especially important for police officers) Step 2 - Initial checks and contact (including risk assessment) Step 3 - Meeting and Background Checks (applicant may be invited to a meeting where a DAQ may be completed. Step 4 - Decision making forum (Multi Agency forum to discuss available info and make a decision about disclosure) Step 5 - Disclosure (a record of DA offences would be made to individual at risk of harm, or advice that information is held about partner, but not sufficient to suggest they pose a risk, or that no information is held)

Question 42

7.3: Domestic Abuse - Police Powers Explain the options available regarding the release or otherwise of accused persons

Answer 42

Options to be considered include release on an undertaking, or held pending appearing in court. A risk assessment should be carried out by the custody sergeant.

Question 43

7.3: Domestic Abuse - Police Powers State the options open to the court when a person appears from custody charged with a crime relating to domestic abuse

Answer 43

Generally they will be liberated that day. A date may be fixed for trial, and the accused released on bail, normally with special conditions attached prohibiting the accused from approaching or contacting the victim.

Question 44

7.3: Domestic Abuse - Police Powers Explain the terms 'matrimonial home' and 'family home'

Answer 44

'Matrimonial home' - the shared dwelling of a married couple (or civil partners) 'Family home' - the shared dwelling of a couple who are not married or in a civil partnership Extends beyond the residence itself and includes any grounds, gardens, other buildings etc

Question 45

7.3: Domestic Abuse - Police Powers Define occupancy rights under the Matrimonial Homes (Family Protection) (Scotland) Act 1981

Answer 45

The right to continue occupation of the matrimonial home, to enter and occupy the matrimonial home, and to do so with any child of the family. Occupancy rights differ between 'entitled' and 'non-entitled' members of a marriage or partnership. All parties within a matrimonial home have occupancy rights but only the person on the deeds/rent book have ownership rights Only entitled parties within a family home have occupancy rights - if a partner's name doesn't appear on the deeds/rent book, then they are non-entitled.

Question 46

7.3: Domestic Abuse - Police Powers Explain the provisions of Section 22 of the Rent (Scotland) Act 1984 with regards to domestic incidents

Answer 46

Creates a criminal offence for anyone to deprive a residential occupier of access to their premises, i.e. harassing a partner from the home, changing the locks etc. Covers protection from landlords, but also extends to co-habiting couples.

Question 47

7.3: Domestic Abuse - Police Powers Explain the purpose of interdicts

Answer 47

Court orders issues under civil law, often (but not always) with a power to arrest attached. Used in relation to domestic abuse as a civil alternative to a criminal non-harassment order. Used to prohibit specific behaviours, such harassing conduct, entry to the matrimonial home etc. Where no power to arrest exists, police would have to consider whether any additional law had been broken before taking any action against a person who breaches an interdict.

Question 48

7.3: Domestic Abuse - Police Powers State the course of action available for interdicts with a power of arrest

Answer 48

A constable may arrest the interdicted person without warrant if there is reasonable cause to suspect the person of being in breach of the interdict, and if there is a risk of abuse or further abuse if the person is not arrested. Power of arrest under S4 Protection from Abuse (Scotland) Act 2001 The victim within the relationship does not have the power to waive the interdict without it being repealed by the court, and even where a reconciliation has taken place, if the interdict is still live then the accused should still be arrested.

Question 49

7.3: Domestic Abuse - Police Powers State the purpose of an Exclusion Order

Answer 49

An exclusion order means that the non-applicant partner must leave the matrimonial/family home (usually with 7 days notice). Associated interdicts may be issued at the same time (prohibiting the non-applicant partner from other places, such as workplaces, damaging the property etc).

Question 50

7.3: Domestic Abuse - Police Powers Explain the purpose of Non-Harassment Orders in relation to domestic abuse under the Protection from Harassment Act 1997 and their associated police powers

Answer 50

Prohibits behaviour that amounts to harassment (must be 2+ examples). Must be applied for (not automatic), and evidence/remarks must be gathered and considered before it will be granted. Views of the victim should also be sought. Generally harder, and more time-consuming than an interdict. Breach of an NHO is punishable by imprisonment under S1 Criminal Justice (Scotland) Act 2016

Question 51

8.1: Child Protection and GIRFEC Explain GIRFEC values and principles

Answer 51

Promotion of the wellbeing of children, keeping them safe and putting them at the centre. Promoting resilience, building strengths and valuing diversity. Working in partnership with families, respecting confidentiality and sharing information with partner agencies.

Question 52

8.1: Child Protection and GIRFEC What are the SHANARRI Wellbeing Indicators?

Answer 52

``` Safe Healthy Achieving Nurtured Active Respected Responsible Included ```

Question 53

8.1: Child Protection and GIRFEC Explain Section 12 of the Children and Young Persons (Scotland) Act 1937

Answer 53

Creates and offence for any person over the age of 16, who has parental/caring responsibilities for a child to mistreat, neglect or abandon said child

Question 54

8.1: Child Protection and GIRFEC Identify warning signs in relation to child abuse

Answer 54

``` Parental reactions (reluctance to talk, inconsistencies, hostility etc) Child reactions (undue fear of adults, irritability, unexplained injuries) ```

Question 55

8.1: Child Protection and GIRFEC Explain the provisions of the Children (Equal Protection from Assault) (Scotland) Act 2019

Answer 55

Protects children from physical punishment by a parent or carer. Very minor incidents may be dealt with via a Recorded Police Warning. Otherwise, incidents should be treated as a common law assault with a child aggravation.

Question 56

8.2: Youth Offending and Grounds for Statutory Referral Explain the procedures and guidelines for the arrest of youth offenders

Answer 56

Age of Criminal Responsibility is 12. Children under 12 cannot be held criminally responsible or arrested. Younger children may be dealt with by diret measures, agency referral or report by SPR to COPFS or SCRA (although Lord Advocate's guidelines dictate that this would be for more serious offences that would be dealt with by indictment or solemn procedure). Older children may be dealt with by RPW, Early Intervention or SPR to COPFS. Arrest of a child is a serious thing to consider and should be judged carefully before taking action. Caution and charges should be done in the presence of a parent or guardian. Retention in custody should be only as a last resort. Younger children should generally be held in a place of safety instead. Older children should be dealt with through the adult Criminal Justice system.

Question 57

8.2: Youth Offending and Grounds for Statutory Referral Explain the statutory grounds that must be satisfied to determine if a report should be submitted to the Reporter to the Children's Panel.

Answer 57

S61 Children's Hearings (Scotland) Act 2011 places obligation on police to provide info when we consider a child is in need of protection, and that it is necessary for a complusory supervision order to be issued. S67 Children's Hearings (Scotland) Act 2011 lists the grounds which must be satisfied: - Child must be likely to suffer - A schedule 1 offence has been committed in respect of the child, or child has a close connection to a person who has committed a schedule 1 - Child is at risk of exposure to abuse - Child is at risk of exposure to sexual abuse - Child is being supported by the Local Authority - Risk of harm due to substance abuse - Child is out of control - Child is dodging school - Child is at risk of a forced marriage or civil partnership

Question 58

8.2: Youth Offending and Grounds for Statutory Referral Explain the procedures for youth offenders including Early and Effective Intervention

Answer 58

Earlier intervention leads to better outcomes for youth offenders (or potential offenders). A whole systems approach allows for multi-agency partnership working, referring youth offenders to relevant partners who can help with counselling services and support in place of arrest and imprisonment.

Question 59

8.3: ACRA Define what constitutes an Age of Criminal Responsibility (Scotland) Act 2019 Incident

Answer 59

An ACRA incident is one where a child is below the age of 12, and causes, or risks causing, significant or serious physical or sexual harm to another.

Question 60

8.3: ACRA Urgent powers available when dealing with an ACRA incident

Answer 60

S28 Age of Criminal Responsibility (Scotland) Act 2019 Power of removal to a safe place where there is offending behaviour, or risk of offending behaviour, or risk of self-harm S69 Urgent taking of physical data and forensic samples (authorised by Superintendent or above). Emergency power only. Does not cover intimate samples. S74 Use of force to remove a child, interview a child, obtain samples, or search under warrant/statutory search power S75 Makes it an offence to obstruct taking a child to a place of safety or prevent urgent questioning

Question 61

8.3: ACRA What is a place of safety?

Answer 61

``` Dwelling Residential Community Home Hospital Other Police station ```

Question 62

8.3: ACRA Questioning of children under ACRA and non-ACRA incidents

Answer 62

Under ACRA Except in limited, urgent circumstances, a child may only be interview by means of an ACRA investigative interview. Non-ACRA No formal powers to interview the child. Limited, informal questioning, with parental consent, is permissible. Urgent Questioning Must be authorised by Superintendent or higher, and only where there are reasonable grounds to suspect the child has behaved in a violent, dangerous way, AND that there is risk to life if the child is not questioned immediately. Questioning must be limited to preventing loss of life.

Question 63

9.1: Sexual Offences - Initial Actions Initial actions when investigating sexual offences

Answer 63

``` Initial account (need for medical assistance, exact nature of offence) Identify forensic opportunities (EEK) Time frame Location Suspect (if known) Activities affecting forensics Witnesses Victim care and VPD ``` Evidential considerations Avoiding cross contamination Protecting forensic sources (clothes stay on if not already removed) Preserving evidence in suitable bags/containers ``` Initial briefing report SOLO noting statement Brief details of incident Details of EEK Productions seized Victim's demeanour, injuries etc Details of anyone victim has disclosed offence to Details of any vehicle used to transport the victim ```

Question 64

9.1: Sexual Offences - Initial Actions Considerations for welfare of victims of sexual abuse

Answer 64

Separate victim from suspect Contact PPU/DRIU/CID for instruction Sexual Offences Liaison Officer (SOLO) to make contact within 24hrs They should consider EEK and Full Medical Examination Ensure safety and wellbeing of victim Afford victim opportunity to state gender of interviewing officer Work to victim's availability/schedule Accommodate requests for support person/advocacy worker Offer relevant support services and Rape Crisis Scotland Every consideration should be given to the victim's welfare at all times. They shouldn't be left alone, other than at their request. Explain and support them through each stage of the investigation.

Question 65

9.2: Sexual Offences - Legislation Explain consent and withdrawal of consent

Answer 65

Consent must be freely given by both parties, where they are free from intoxication, threats, unlawful detention, deceit, or where one party is asleep or unconscious. Consent to one type of conduct does not imply consent to anything else. Conset can be withdrawn at any time, and any further conduct which takes place afterwards would constitute an assault.

Question 66

9.2: Sexual Offences - Legislation Define the terms 'Young Child' and 'Older Child'

Answer 66

Young child 0-12 years old Older child 13-15 years old

Question 67

9.2: Sexual Offences - Legislation Identify key sexual offences

Answer 67

Sexual Offences (Scotland) Act 2009 S1 - Rape (penetration - perpetrator must have a penis) S2 - Sexual assault by pentration (objects & body parts) S3 - Sexual assault (penetrating, touching, sexual contact, ejaculating, urine/saliva) S6 - Coercing into looking at a sexual image S7 - Communicating indecently (written communication/texts) S8 - Sexual exposure (flashing) S9 - Administering a substance for a sexual purpose (date rape) Abusive Behaviour and Sexual Harm (Scotland) Act 2016 S2 - Disclosing intimate photographs/films (revenge porn)

Question 68

9.2: Sexual Offences - Legislation Identify key sexual offences involving children

Answer 68

Sexual Offences (Scotland) Act 2009 S23/S33 - Causing a younger child/older child to look at a sexual image S24/S34 - Communicating indecently with a younger child/older child S28 - Having intercourse with an older child (must have a penis) S29 - Engaging in penetrative sexual activity with an older child S37 - Older children engaging in sexual conduct with each other (sex only) Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 S1 - Meeting a child following preliminary contact (grooming) S42 - Sexual abuse of trust (sex with under 18s when in a position of trust) S46 - Sexual abuse of a mentally disordered person

Question 69

9.2: Sexual Offences - Legislation Children and consent

Answer 69

Younger children can never give consent as they are not deemed to have capacity to do so. A person over the age of 16 will never be lawfully able to engage in any sexual activity with a person under that age. Law allows for some natural exploration between consenting older children, with the exception of intercourse and oral sex.

Question 70

10: Vulnerability and Interim Vulnerable Persons Database (iVPD) Define Vulnerability and Adversity

Answer 70

Vulnerability A person is vulnerable if, as a result of their situation or circumstance, they are unable to protect themselves from harm Adversity A difficult or unfortunate event or circumstance

Question 71

10: Vulnerability and Interim Vulnerable Persons Database (iVPD) Identify the iVPD and its role in information sharing with partners

Answer 71

A system used to record incidents involving vulnerable people (children, domestic abuse, adult protection issues, youth offending, hate crimes etc) A Concern Report is then generated and circulated to relevant partner agencies by the Concern Hub team

Question 72

10: Vulnerability and Interim Vulnerable Persons Database (iVPD) Explain the criteria for submitting an iVPD report

Answer 72

When there is a genuine concern for the individual or where force policy dictates you must. Force policies may include: ``` All domestic incidents All hate crimes or incidents Youth offending Sexual crimes Mispers ```

Question 73

10: Vulnerability and Interim Vulnerable Persons Database (iVPD) List the statutory partners that we share information with

Answer 73

``` NHS Scotland Education Social work Scottish Fire and Rescue Scottish Children's Reporter Administration ```

Question 74

10: Vulnerability and Interim Vulnerable Persons Database (iVPD) List the exemptions from seeking an individual's views

Answer 74

Where it may be prejudicial to the prevention or detection of crime, or where there is a risk of identifiable harm

Question 75

11: Adult Protection Define the term 'adult at risk'

Answer 75

Inviduals who are 16 or older, who: Are unable to safeguard their own wellbeing, their property rights or other interests Are at risk of harm 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

Question 76

5: Dealing With Death Outline criminal and non-criminal homicide and statutory offences

Answer 76

Criminal Murder and Culpable Homicide Non-Criminal Casual Homicide & Justifiable Homicide Statutory Homicide Road Traffic Act 1988 Section 1 - Death by Dangerous Driving Section 2B - Death by Careless or Inconsiderate Driving Section 3A - Death by careless driving while under the influence Section 3ZB - Death while driving when unlicensed, disqualified or uninsured

Question 77

5: Dealing With Death Explain the process for dealing with death

Answer 77

1. Preserve life - assume life, take life-saving measures (CPR) and call for medical assistance), unless death is indisputable (only health professionals can confirm that a person has died). 2. Initial Assessment - Visual examination of the deceased, noting injuries, weapons, signs of violence, drug/alchohol misuse, description of the scene and the circumstances. Police systems check (SID, VPD, STORM, SHOGUN) Locus - Other people, conditions, signs of forced entry/struggle, keys, any personal items/notes 3. Response - Category of death agreed with medical consultation. Medical/Unexplained Medical Death - Support NOK, notification of GP/NHS24 who will issue a death certificate. Limited involvement from police. Police Reportable Death - Secure the scene, open entry log, scene contamination measures and notify CID/Supervisor.

Question 78

5: Dealing With Death Describe the formal identification process when dealing with a death or sudden death

Answer 78

A deceased must always be identified. All investigated deaths require a minimum of one person to identify the body, in some suspicious circumstances this may require two people to ID. Preferable where practicable to ID at the locus, otherwise arrangements should be made at the mortuary. Dental or fingerprints can be used in extremis. Family should be given an informed opportunity to view the body, but in suspicious circumstances they should not be allowed to touch the body.

Question 79

5: Dealing With Death Discuss considerations when delivering a death message

Answer 79

Compassion, sensitivity and clarity. Refer to the deceased by name, make sure the NOK is comfortable/sitting down etc, and be clear that the person has died - no room for amiguity.

Question 80

5: Dealing With Death Dealing with Child Deaths

Answer 80

All deaths of under 18s (outwith hospital/care settings) will be investigated. Priorities: 1. Preserve life 2. Protect the scene 3. Early notification to PPU/CID 4. Record early comments 5. Ensure the safety and wellbeing of other children

Question 81

5: Dealing With Death Information to record

Answer 81

It's important to record the following in all cases: ``` Exact time and date Security at the house Position and description of the body Contamination measures taken Deceased's clothing Particulars Exact wording used by witnesses re: discovery Details of anyone else who may arrive at the locus Any other observations ```