Week 9 - Assaults, Homicide, Child.protection, Kidnapping, Cybercrime Flashcards
2 offences of child abduction
Child abduction act 1984
S1 - Person connected with a child
S2 - person not connected with a child
Consent of DPP must be sought before charging.
S1 child abduction act
Person connected with a child - offence wording
What does ‘Connected with a child’ mean under s1?
A person connected with a child under 16 commits an offence if he takes or sends the child out of the UK without the appropriate consent.
A person is connected with a child for the purposes of this section if:
- He is a parent of the child
- If parents not married at time of birth then there are reasonable grounds for believing he is the father
- he is the guardian
- he is a special guardian
- he is a person named in a child arrangements order as a person with whom the child is to live
- he has custody of the child
Child abduction… connected with a child…
What is a special guardian?
A special.guardian order (SGO) secures the childs long term placement. It is an order by the court appointing one or more individuals to be the childs special guardian. Intended for children who cannot live with their birth parents and who would benefit from a legally secure placement.
The order can enable a child to remain in his/her family as it does not end the legal relationship between child and parents.
An SGO usually lasts until the child is 18
A parent may NOT be appointed as a special guardian
Child.abduction. connected to a child..
What is a child arangements order?
S8(1) childrens act 1989 .. a child arrangements order regulates arrangements relating to:
A) with whom a child is to live, spend time or otherwise have contact
B) when a child is to live spend time or otherwise have contacts with any person
Child.abduction…
Appropriate consent?
S1 states appropriate consent in relation to a child means:
A) The consent of EACH of the following:
- the childs mother
- the child’s father if he has parental responsibility
- any guardian of the child
- any special guardian of the child
- any person named in a child arrangements order with whom the child is to live
- any person who has custody of the child
B) the leave of the court granted under part 2 of children act
C) if any person has custody of the child, the leave of the court which awarded the custody
** the taking or sending of a child out of the UK must be shown to have been done without the consent of EACH of the persons listed above, or if there is a custody order in force then the courts permission must be sought (alternatively the leave of the court under part 2 of children’s act will suffice)**
Chilld abduction.
S1(4)
Defences for person connected with a child?
S1(4) Person does NOT commit the offence if:
A)If named person in child arrangements order as whom the child is to live with.. and if take out or send out of UK for period of less than 1 month
B) if special guardian and take/send child out of uK for less than 3 months
**s1(4a) notes this defence does not apply if the taking/sending of the child out of uk is in breach of a order under part 2 of children’s act **
S1(5) a person does NOT commit the offence if done without the consent of a person whose consent is required if:
A) - He does it in the belief that the other person has consented
- or in the belief that the other person would consent if they were aware of all the relevant circs
B) - or if he has taken all reasonable steps to communicate with the other person but has been unable to communicate with them
C) - or the other person has unreasonably refused to consent
A further provision under s1(5) states that the s1 (5c) defence will not apply if the person who refused to consent is a person:
- named in a child arrangements order as to with whom the child is to live
- who has custody of the child
- who is a special guardian of the child
- who is (by taking/sending child out of uk) breaching a court order in the uk.
Child abduction s2.
Person NOT connected with child
S2(1) a Person (other than person mentioned in subsection below) commits offence if,
without lawful authority or reasonable excuse
he takes or detains a child under 16
A) so as to remove him from the lawful control of any person having lawful control
B) so as to keep him out of the lawful control of any person entitled to lawful control
S2(2) the persons referred to above are:
A) the father and mother - where the father and mother of child were married to each other at the time of birth
B) the mother - where the father and mother were not married to each other at the time of birth
Child abduction s2.
Person NOT connected with child
Defences
S2(3) states it shall be a defence for the defendant to prove
A) that he is the childs father or at time of offence he reasonably believed he was the father (where the father and mother were not married at time of birth)
b) at time of offence he beleived the child was 16
(The above defence (a) will not apply where D mistakenly takes the wrong child from a nursery thinking it to be his son/daughter. Although he may be able to advance a defence of reasonable excuse under s2(1).)
Child neglect
S1 childrens and young persons act
S1 states…
If any person who is over 16 and has responsibility for a child or young person under 16…
wilfully assaults , ill treats (physical or otherwise), neglects, abandons,
or exposes him, or causes or procures him to to be assaulted, ill treated, neglected, abandoned or exposed
In a manner likely to cause him unnecessary suffering or injury to health (physical or psychological)
..Shall be guilty of an offence
Offence maybbe considered in 2 broad categories ..
Instancrs of violent assault
Cases of cruelty and neglect
‘responsibility’ for the child can be shared and whether the person has such responsibility is a matter of fact and law.
Anyone having parental responsibility will be presumed to have responsibility, that does not cease because the person ceases to have care of the child.
Others such as babysitters may have responsibility for the child whilst in their care.
If a parent, guardian or other person legally liable to maintain the child has failed to provide adequate food, clothing, medical aid, lodging for the child then they will be deemed to have neglected the child for the purpsies of this act.
Likewise a person will be presumed to have neglected the child where a child under 3 dies of suffocation whilst in bed with a person over 16 who was in drink/drugs at the time they went to bed (or a later time before the suffocation)
‘Being in bed’ Includes laying anywhere used by the adult for sleeping.
Police protection
S46 childrens act 1989
S46 states…
S46 (1) Where a constable has reasonable cause to believe that a child would otherwise be likely to suffer signficant harm he may ..
A) remove the child to suitable accommodation and keep him there
B) take such steps as are reasonable to ensure the childs removal from any hospital, or other place, in which he is then being accommodated, is prevented
A ‘child ‘ for the purposes of this act is under 18.
S46 children’s act
Police protection
‘Harm’
Defined under s31(9).
Covers all forms of ill treatment including sexual abuse and forms that are not physical.
Covers the impairment of health (physical or mental) and also physical, intellectual, emotional, social or behavioural development.
Also extends to impairment suffered from seeing or hearing the ill treatment of any other person
Maximum time a child can spend in police protection??
72 hours
S46(6)
When taking a child into police protection under s46 children sact, The initiating officer must do a number of things… including what?
- Telling the local authority (within whose area the child was found) what steps have been, and are proposed to be taken, and why (this is a critical part of protective powers)
- giving details to local authority within whose are the child is ordinarily resident
- telling the child (if appears capable if understanding) what steps have been taken and why. And what further steps may be taken.
- taking such steps as are reasonably practicable to discover the wishes and feelings of the child
- making sure the case is inquired into by a designated officer
- taking such steps as reasonably practicable to inform the childs parents or any other person with whom the child was living immediately before being taken into police protection
- it is a Vital part of process is to inform the child and parents/carers of what is happening and why.
Police protecrion s46 childrens act
Initiating officer
Designated officer
Initiating officer- the officer who takes the child into police protection and undertakes the initial inquiries
Designated officer -the appropriate officer designated for that police station for the purpisws of this legislation. Key role for ensuring the effective use of the statutory framework in thr circs.
Designated officer must inquire fully into the case and must do what is reasonable in all the circumstances for the purpose of safeguarding or promoting the childs welfare (having particular regard for the length of time during which the child will be protected).
The designated officer shall allow:
the parents/person with parental responsibility/person with whom the child was living inmediately before taken into PP/ person in a contact order/person allowed contact with child by virtue of an order under s34/any person acting on behalf of any if these persons ….
…to have such contact with the child as (in the opinion od the designated officer) reasonable and in the childs best interests.
The designated officer may apply for an emergency protection order under s44 children’s act.
An EPO gives the applicant parental responsibility for the child whilst it is in force. It also allows the court to make directions in relation to contact with the child and a medical /psychiatric assessment. It can also allow the court to exclude certain people from a dwelling house where the child lives (and attach a power of arrest accordingly).
Designsted officer can apply for an EPO without the knowledge /agreement of local authority… however there should be no reason why this situation would come about.
!!Whilst the child is in police protection, neither the initiating or designated officer will have parental responsibility for the child .
A court may issue a warrant for a constable to assist a relevant perspn to enter premises in order to enforce an EPO.
S49 children’s act
Contravention of protection order or power exercised under s46
S49..
1) A person shall be guilty of an offence if knowingly and without lawful authority or reasonable excuse he…
A) takes a child away from the responsible person
B) keeps a child away from the responsible person
C) induces, assists or incites such a child to run away or stay away from the responsible person
2) this section relates to a child who us3
A) in care
B) the subject of an EPO
C) in police protection
Where a child is taken in contravention of s49 the court may issue a recovery ordw4 under s50, which requires certain people to produce the child to an auhtorised person (including a constable), or to give certain information about the childs whereabouts to a constable or an officer of the court.
S50 recovery order can authorise a constable to enter any premises and search for the child.
A s50 recovery order us also available where a child is missing or has run away
