Unit 6: Protection and Wellbeing in our Communities Flashcards
1: Valuing Diversity and Inclusion
Explain the importance of diversity and equality awareness and its requirement within the organisation
Recognising uniqueness and individual differences
Building inclusivity, respect, equity and fairness
Fairness through equality for staff, witnesses and offenders
1: Valuing Diversity and Inclusion
What is stereotyping, and what can be the negative impact on communities
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
1: Valuing Diversity and Inclusion
Diversity legislation
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
1: Valuing Diversity and Inclusion
Describe appropriate action to be taken if unacceptable behaviour contravenes the law
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
2: Hate Crime
What is the definition of a 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
2: Hate Crime
Describe the effect Hate Crime can have on an individual, group, or community
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
2: Hate Crime
What is the definition of a Hate Incident
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
2: Hate Crime
Describe the importance of victim perception in identifying Hate Crime
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
2: Hate Crime
Describe the offences related to ‘racially aggravated harassment’ and ‘racially aggravated behaviour’
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
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
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)
3: Missing Persons
Explain the definitions of a missing person, and a concern for person
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
3: Missing Persons
What are some of the reasons a person may go missing?
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
3: Missing Persons
Initial investigative considerations and actions
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
3: Missing Persons
Explain the risk assessment process for missing persons
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
3: Missing Persons
Explain information that must be gathered to complete a comprehensive return interview
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)
3: Missing Persons
What are Looked After & Accommodated Children (LAAC)?
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.
3: Missing Persons
Examples of Absconders
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
3: Missing Persons
Outline of legislation relating to absconding from care, hospital or prison
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.
4.2: Mental Health and Suicide Intervention
Initial approach considerations
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
4.2: Mental Health and Suicide Intervention
What is Active Listening?
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
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
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)
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
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.
4.2: Mental Health and Suicide Intervention
Powers and responsibilities when dealing with someone in apparent mental health crisis
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.
4.2: Mental Health and Suicide Intervention
What is a place of safety?
A hospital or care setting, or any other suitable place other than a police station (other than as a last resort).
4.2: Mental Health and Suicide Intervention
What are Compulsory Treatment Orders?
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.
4.2: Mental Health and Suicide Intervention
Procedure following no admission to hospital
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)
6: Honour Based Abuse
Define Honour Based Abuse
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’.”
6: Honour Based Abuse
Signs that a girl may be at risk of FGM
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
6: Honour Based Abuse
FGM and the law
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
6: Honour Based Abuse
Forced marriage vs Arranged marriage
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.
6: Honour Based Abuse
Considerations for victims of HBA
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.
6: Honour Based Abuse
What is the One Chance Rule?
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
7.1: Domestic Abuse - Introduction
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.
7.1: Domestic Abuse - Introduction
Outline the concept of coercive control
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
7.1: Domestic Abuse - Introduction
Outline the offence created by Section 1 Domestic Abuse (Scotland) Act 2018
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
7.1: Domestic Abuse - Introduction
Outline the aggravation of an offence as detailed in Section 5 Domestic Abuse (Scotland) Act 2018
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)
7.1: Domestic Abuse - Introduction
Identify trigger points for domestic abuse
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
7.2: Domestic Abuse - Initial Investigation
State which crimes are commonly associated with domestic abuse
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
7.2: Domestic Abuse - Initial Investigation
Describe the responsibilities you have when investigating a domestic abuse incident
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)
7.2: Domestic Abuse - Initial Investigation
Explain the Domestic Abuse Questionnaire questions and risk assessment process
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.
7.2: Domestic Abuse - Initial Investigation
Outline the Disclosure Scheme for Domestic Abuse Scotland (DSDAS)
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)
7.3: Domestic Abuse - Police Powers
Explain the options available regarding the release or otherwise of accused persons
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.
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
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.
7.3: Domestic Abuse - Police Powers
Explain the terms ‘matrimonial home’ and ‘family home’
‘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
7.3: Domestic Abuse - Police Powers
Define occupancy rights under the Matrimonial Homes (Family Protection) (Scotland) Act 1981
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.
7.3: Domestic Abuse - Police Powers
Explain the provisions of Section 22 of the Rent (Scotland) Act 1984 with regards to domestic incidents
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.
7.3: Domestic Abuse - Police Powers
Explain the purpose of interdicts
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.
7.3: Domestic Abuse - Police Powers
State the course of action available for interdicts with a power of arrest
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.
7.3: Domestic Abuse - Police Powers
State the purpose of an Exclusion Order
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).
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
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
8.1: Child Protection and GIRFEC
Explain GIRFEC values and principles
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.
8.1: Child Protection and GIRFEC
What are the SHANARRI Wellbeing Indicators?
Safe Healthy Achieving Nurtured Active Respected Responsible Included
8.1: Child Protection and GIRFEC
Explain Section 12 of the Children and Young Persons (Scotland) Act 1937
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
8.1: Child Protection and GIRFEC
Identify warning signs in relation to child abuse
Parental reactions (reluctance to talk, inconsistencies, hostility etc) Child reactions (undue fear of adults, irritability, unexplained injuries)
8.1: Child Protection and GIRFEC
Explain the provisions of the Children (Equal Protection from Assault) (Scotland) Act 2019
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.
8.2: Youth Offending and Grounds for Statutory Referral
Explain the procedures and guidelines for the arrest of youth offenders
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.
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.
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
8.2: Youth Offending and Grounds for Statutory Referral
Explain the procedures for youth offenders including Early and Effective Intervention
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.
8.3: ACRA
Define what constitutes an Age of Criminal Responsibility (Scotland) Act 2019 Incident
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.
8.3: ACRA
Urgent powers available when dealing with an ACRA incident
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
8.3: ACRA
What is a place of safety?
Dwelling Residential Community Home Hospital Other Police station
8.3: ACRA
Questioning of children under ACRA and non-ACRA incidents
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.
9.1: Sexual Offences - Initial Actions
Initial actions when investigating sexual offences
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
9.1: Sexual Offences - Initial Actions
Considerations for welfare of victims of sexual abuse
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.
9.2: Sexual Offences - Legislation
Explain consent and withdrawal of consent
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.
9.2: Sexual Offences - Legislation
Define the terms ‘Young Child’ and ‘Older Child’
Young child
0-12 years old
Older child
13-15 years old
9.2: Sexual Offences - Legislation
Identify key sexual offences
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)
9.2: Sexual Offences - Legislation
Identify key sexual offences involving children
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
9.2: Sexual Offences - Legislation
Children and consent
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.
10: Vulnerability and Interim Vulnerable Persons Database (iVPD)
Define Vulnerability and Adversity
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
10: Vulnerability and Interim Vulnerable Persons Database (iVPD)
Identify the iVPD and its role in information sharing with partners
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
10: Vulnerability and Interim Vulnerable Persons Database (iVPD)
Explain the criteria for submitting an iVPD report
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
10: Vulnerability and Interim Vulnerable Persons Database (iVPD)
List the statutory partners that we share information with
NHS Scotland Education Social work Scottish Fire and Rescue Scottish Children's Reporter Administration
10: Vulnerability and Interim Vulnerable Persons Database (iVPD)
List the exemptions from seeking an individual’s views
Where it may be prejudicial to the prevention or detection of crime, or where there is a risk of identifiable harm
11: Adult Protection
Define the term ‘adult at risk’
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
5: Dealing With Death
Outline criminal and non-criminal homicide and statutory offences
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
5: Dealing With Death
Explain the process for dealing with death
- 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).
- 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 - 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.
5: Dealing With Death
Describe the formal identification process when dealing with a death or sudden death
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.
5: Dealing With Death
Discuss considerations when delivering a death message
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.
5: Dealing With Death
Dealing with Child Deaths
All deaths of under 18s (outwith hospital/care settings) will be investigated.
Priorities:
- Preserve life
- Protect the scene
- Early notification to PPU/CID
- Record early comments
- Ensure the safety and wellbeing of other children
5: Dealing With Death
Information to record
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
