Vulnerability Flashcards
What is the definition of a vulnerable person?
“A person is vulnerable if, as a result of their situation or circumstances, they are unable to take care of or protect themselves or others from harm or exploitation.”
How old is a vulnerable adult?
18 and over
How old is a vulnerable child?
Under 18
What classifies as a repeat victim?
A repeat victim is a person who has within 12 months reported a similar offence in the same location or an offence in respect of the same premises.
What should you do if adult safeguarding concerns are identified?
- Communicate with local adult social care and record a PPN on your handheld device
- In an emergency and outside of normal working hours, the adult social care emergency duty team should be contacted
S.136 of the Mental Capacity Act 2005
- power to detain someone under the mental health act
- can only be applied in public
- must prove that you have exhausted all other options before using this power
- must do everything in a way that protects their human rights and is the least restrictive
What is the test to decide whether or not someone has capacity?
- if at the material time, they are unable to make a decision for themselves in relation to the specific matter at hand because of an impairment or disturbance in the functioning of the mind or brain – this can be temporary (e.g., drugs, drink, head injury)
- You can utilise other people to assess a person’s capacity, however, police officers are the only ones that can detain.
S.4B Mental Capacity Act 2005
allows for a person to be deprived of their liberty if it is to enable life sustaining treatment or treatment believed necessary to prevent a serious deterioration in the person’s condition.
What is the acronym to determine stalking? (FOUR)
F - Fixated
O - Obsessive
U - Unwanted
R - Repetitive
What are the legislations for stalking and harassment?
Protection from Harassment Act 1997
S.2 Harassment - No fear of violence (summary)
S.2a Stalking - No fear of violence (summary)
S.4 Harassment - with fear of violence (either way)
S.4a Stalking - with fear of violence (either way)
What is the legislated definition of harassment?
There is not a legislated definition of what harassment is. We would consider whether the behaviour is alarming or distressing the victim.
For something to be classed as stalking/ harassment, how much conduct must have occurred?
S.7(3) – A “course of conduct” must involve conduct on at least two occasions in relation to that person. (There must be a gap between the two occasions)
However, if anything is longer than 6 months apart between incidents, we would not have the offence.
Examples of stalking
- following
- contacting
- publishing
- monitoring
- loitering
- interfering
- watching
- spying
What is the unofficial test for stalking?
If a suspect has altered their daily routine on two or more occasions then it is stalking
How would an ex-partner domestic crime with harassment get recorded?
It would get automatically recorded as stalking so it goes through to CPS
For s.4 harassment and s.4a stalking, what is the test for fear of violence?
- threat of violence - has to be threatened on two or more occasions
- receive violence - one or more occasion
- has such a significant effect on the victim that they are unable to go about their daily life
- violence can be against person/ property
- victim must believe that violence will occur, not that it may
- victim cannot fear violence for someone else
- fear of violence cannot be conveyed through a third party
In any domestic offences, what must you fill out?
DASH (domestic abuse, stalking and harassment/ honour based)
What are the three main defences for stalking/ harassment?
- harassed/ stalked in the prevention or detection of crime (surveillance officers)
- enactment/ rule of law (e.g., failing to pay mortgage repayments, can send multiple letters)
- course of conduct was reasonable (e.g., if someone fails to pay for a service, they can continuously call under three times to get the payment)
What are the protection options for victims of stalking?
- Sentencing Act 2020 s.360 - Restraining Order
- Stalking Protection Order
- Protection from Harassment Act 1997 s.3 (civil remedy)
What is malicious communication?
Malicious Communications Act 1988
- send a letter, electronic communication or article of any description which conveys a message which is indecent or grossly offensive, a threat, or information which is false and known or believed to be false by the sender, with the intent to cause distress or anxiety to the sender.
- can be a one off occassion
- to be grossly offensive it should shock, offend or disturb
What is revenge porn?
- Criminal Justice and Courts Act 2015 s.33
- disclose private sexual photograph/ film without consent of the person who appears in the photograph/ film with the intention of causing the person distress
What is a PPO?
- Police Protection Order
- Used when there is a significant risk of harm to a child
- warn social services before PPO’ing a child
- remove the child from the address to a safe place, such as hospital and then put them in suitable accommodation
- no child can be kept in police protection for more than 72 hours
- don’t need to be in uniform to exercise the power
- don’t need parent’s permission
- inspector authorises PPO
- a police station is not a safe place but in real life, they usually get taken here
If someone is a human trafficking/ modern day slavery victim, who should you refer to?
- National Referral Mechanism (NRM) online form
- victim must consent but you can consent on behalf of the child
- if they meet the criteria, they will assist in support
- if they do not meet the criteria, they may still assist in housing or access to a passport to return home
