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Police Training > Vulnerability > Flashcards

Vulnerability Flashcards

1
Q

What is the definition of a vulnerable person?

A

“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.”

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2
Q

How old is a vulnerable adult?

A

18 and over

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3
Q

How old is a vulnerable child?

A

Under 18

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4
Q

What classifies as a repeat victim?

A

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.

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5
Q

What should you do if adult safeguarding concerns are identified?

A
  • 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
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6
Q

S.136 of the Mental Capacity Act 2005

A
  • 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
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7
Q

What is the test to decide whether or not someone has capacity?

A
  • 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.
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8
Q

S.4B Mental Capacity Act 2005

A

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.

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9
Q

What is the acronym to determine stalking? (FOUR)

A

F - Fixated
O - Obsessive
U - Unwanted
R - Repetitive

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10
Q

What are the legislations for stalking and harassment?

A

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)

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11
Q

What is the legislated definition of harassment?

A

There is not a legislated definition of what harassment is. We would consider whether the behaviour is alarming or distressing the victim.

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12
Q

For something to be classed as stalking/ harassment, how much conduct must have occurred?

A

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.

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13
Q

Examples of stalking

A
  • following
  • contacting
  • publishing
  • monitoring
  • loitering
  • interfering
  • watching
  • spying
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14
Q

What is the unofficial test for stalking?

A

If a suspect has altered their daily routine on two or more occasions then it is stalking

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15
Q

How would an ex-partner domestic crime with harassment get recorded?

A

It would get automatically recorded as stalking so it goes through to CPS

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16
Q

For s.4 harassment and s.4a stalking, what is the test for fear of violence?

A
  • 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
17
Q

In any domestic offences, what must you fill out?

A

DASH (domestic abuse, stalking and harassment/ honour based)

18
Q

What are the three main defences for stalking/ harassment?

A
  • 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)
19
Q

What are the protection options for victims of stalking?

A
  • Sentencing Act 2020 s.360 - Restraining Order
  • Stalking Protection Order
  • Protection from Harassment Act 1997 s.3 (civil remedy)
20
Q

What is malicious communication?

A

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
21
Q

What is revenge porn?

A
  • 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
22
Q

What is a PPO?

A
  • 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
23
Q

If someone is a human trafficking/ modern day slavery victim, who should you refer to?

A
  • 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

Police Training (36 decks)

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