Child Protection Flashcards
(34 cards)
Child Abduction By A
Person Connected
With A Child
Section 1 Child Abduction Act 1984
It is an offence for a person connected with
a child aged under 16 - to either:
*Take; or
*Send,
-the child outside the UK without
obtaining the appropriate consent.
Who Can Commit
The Offence?
Offender?
The offence can only be committed
by persons connected
to the child aged under 16.
Definition Of Persons
Connected To The
Child
Section 1(2) Child Abduction Act 1984
6 categories
Category 1
Parents
Category 2
An unmarried father
who has reasonable grounds
to believe
that they are the child’s father.
Category 3
Guardians
Category 4
Special guardians
— appointed under a
Special Guardian Order
Category 5
A person named in a
Child Arrangements Order
as a person with whom
the child is to live
Category 6
A person with
custody of the child.
What Positive Act
Must The Connected
Person Do?
The Positive Act
The connected person must either:
* Take; or
* Be responsible for sending
.the child aged under 16 - out of
the UK themselves.
What Must The
Connected Person
Fail To Do?
The Omission
The connected person
must have failed to obtain
the appropriate consent
before taking or sending
the child under 16
outside of the UK.
Definition of
Appropriate Consent
Section 1(3) Child Abduction Act 1984
Either of 2 situations…
Situation 1
Consent will only be appropriate
when each of the following persons
have provided their consent.
Category 1
Mother
Category 2
Father
-if they have
parental responsibility
for them.
Category 3
Guardians
Category 4
Special guardians
— appointed under a
Special Guardian Order
Category 5
Any person named in a
Child Arrangements Order
— as a person with whom
the child is to live
Category 6
Any person with
custody of the child.
Situation 2
When there is a Custody Order in force
-leave (permission)
of the court has been granted.
Is The Offence Committed When The
Appropriate Consent Was Obtained
Before Taking Or Sending The Child
Out Of The UK - But The Child Is Not
Returned Thereafter?
Permission to
Prosecute
Who Will Provide Permission To
Prosecute?
Director of Public Prosecutions
(DPP)
Defences
Section 1(4)-(5) Child Abduction Act 1984
Defence
2 variants
Variant 1
The offence will not be committed by a person named
in a Child Arrangements Order
as a person with whom the child is to live…
..who takes or sends the child out of the UK for a period
of less than 1 month…
…unless they do so in breach of an order under Part Il of
the Children Act 1989.
Variant 2
The offence will not be committed by a special
guardian of the child
.who takes or sends the child out of the UK for
a period of less than 3 months…
..unless the do so in breach of an order under
Part Il of the Children Act 1989.
Defence 2
A person does not commit an offence
(by doing anything without the consent
of a person from whom consent is
required) — if they do so in the belief
that the person either:
* Has consented; or
*Would have consented - if they
were aware of all of the relevant
circumstances.
Defence 3
A person does not commit an offence
(by doing anvthing without the consent
of a person from whom consent is
required) — if both:
*They have taken all reasonable
steps to communicate with the
person
but has been unable to do so.
Defence 4
A person does not commit an offence (by
doing anything without the consent of a
person from whom consent is required)
…if the person has
unreasonably refused consent…
unless either of 2 exceptions apply
Exception 1
The person who refuses consent either:
* Is named in a Child Arrangements Order as a
person with whom the child is to live
* Is a special guardian of the child; or
* Has custody of the child.
Exception 2
The person
taking or sending the child
out of the UK
is doing so in breach of an order
made by a UK court.
Child Abduction By
Persons Not Connected
With The Child
Section 2 Child Abduction Act 1984
It is an offence for a person connected with a child under
the age Of 16 * to without ether:
* Lawful Authority. or
* Reasonable excuse
. either:
* Take: or
* Detain
..a child under the age of 16 — so as to have either of 2
effects.
Effect 1
Remove them
from the lawful control
of any person entitled to lawful control
of the child.
(i.e. substituting authority from the person
who has lawful control)
Must The Child Be Under The Lawful
Control Of The Person Entitled To
Exercise It At The Time Of Being
Taken Or Detained?
Yes
Effect 2
Keep them out of
the lawful control of
any person entitled to lawful control
of the child.
What Constitutes
Removing The Child
From Lawful Control?
Either of 2 actions:
Action 1
Physically removing
the child
to another place.
Action 2
Not physically removing the child
but deflecting the child
in such a way as to
assume control over them
Must The Child Be Under The Lawful
Control Of The Person Entitled To
Exercise It At The Time Of Being
Kept Out Of Lawful Control?
No
e.g. keeping the child
at a place where they
are found
Who Can Commit
The Offence?
The Offender
Persons not connected
to the
child aged under 16.
Definition Of Persons
Unconnected To The
Child
Any person who does not fit into the
following categories,
Category 1
When the parents were married
at the time of birth — both:
* Mother; and
* Father.
Category 2
When the parents were
not married at the time of birth:
*Only the mother
* Not the father
Category 3
Guardians
Category 4
Special guardians
— appointed under a
Special Guardian Order
Category 5
Any person named in a
Child Arrangements Order
— as a person with whom
the child is to live
Category 6
Any person with
custody of the child.
What If The Child
Consents To Being
Taken Or Detained?
Effect Of Consent?
No defence
Defence 1
At the time of acting
-they believed the
child had attained 16 years of age.
Defence 2
Where the father and mother were not
married at the time of the child’s birth:
* They are the father; or
*They believed on reasonable grounds
that they are the child’s father.
Child Cruelty
Section I Children & Young Persons Act 1933
Who Can Commit The Offence?
It is an offence for a
person aged 16 or over
(at the time of the offence)
-who has responsibility for a
child or young person
under 16 years of age…
Mens Rea?
.who willfully either:
*Themselves; or
*Cause another to; or
* Procure another to..
Actus Reus?
.either:
* Assault;
* Ill-treat - (physically or otherwise);
* Neglect - (an omission to care);
*Abandon; or
* Expose.
.the child under 16 - in a manner to
cause - unnecessary:
* Suffering to the child or
* Physical or psychological injury to the health
of the child.
Status Of The
Defendant At The
Time Of Committing
The Offence?
2 Factors
The defendant must at the time of the
commission of the offence — both:
*Be aged 16 or over; and
* Have responsibility for a child or young
person under 16 years of age.
Establishing
Responsibility For
The Child
Who Has Responsibility?
It is a question of fact
whether a person has
responsibility for the child.
Can More Than One Person Have
Responsibility For The Child At
The Same Time?
Yes
Persons With Parental
Responsibility
Any person who has
Parental Responsibility
for a child will be presumed to
have responsibility
even when the child
is not under their care.
Can Responsibility For The Child
Be Temporary?
Yes
e.g. babysitters
Wilful Acts
Lack Of Medical
Care
Wilfulness will be established for lack of
medical care where either:
* The accused was aware that the child’s
health might be at risk - if they were not
provided with medical care.
* The accused’s non-awareness Of the
risk to the child - was due to them not
caring whether the child’s health was at
risk or not.
Neglect
Definition Of Neglect?
An omission
to discharge
the responsibility to care.
Presumption 1
A person aged 16 or over who has responsibility for a
child under 16 - will be presumed to have neglected
them - If they fail to provide adequate:
* Accommodation;
* Food;
* Clothing; or
* Medical aid.
Presumption 2
A person aged 16 or over
who has responsibility
fora child under 3
-will be presumed to have neglected them
if 3 steps are satisfied..
Step 1
The child under 3
was in bed
(or in other furniture used for
sleeping - e.g. a sofa)
with the person responsible for
them.
step 2
The person responsible for the child was
under the influence of either:
*Alcohol; or
*A prohibited drug.
Step 3
The child died from suffocation —
(caused by rolling over of the
responsible person etc.)
NB — the suffocation was not
caused by either a
disease or a blockage.
Abandonment
Definition Of Abandonment
Leaving a child
to its fate.
Is The Result Of Unnecessary
Suffering Or Injury To Health
Required?
No
It is only necessary to prove that the person
acted in a manner likely to cause
unnecessary suffering or injury to health.
Police Protection
Section 46 Children Act 1989
Constables Powers
2 powers
Power 1
Both:
— Removal
*Remove a child (under 18) to suitable
accommodation; and
*Keep the child there.
Power 2 — Keeping In Situ
Take such steps as are reasonable to ensure
the child (under 18) is prevented from being
removed from any:
*Hospital; or
*Other place where they are accommodated.
Grounds For
Exercising The
Powers
Belief
The constable has
reasonable cause to believe that
if they do not exercise either power
a child (under 18) would otherwise be
likely to suffer significant harm.
Reasonable Person Test
The reasonable cause
to believe
is an objective test
— i.e. would a reasonable person
have also formed such a belief.
Definition Of Harm
3 forms
Form 1
Impairment of
physical health.
Form 2
Impairment of
mental health.
Form 3
Impairment of
physical, emotional,
social or behavioural
development.
Cause Of The
Significant Harm?
2 causes
Cause 1
Ill treatment
directed towards
the child themselves.
Cause 2
The
child seeing or hearing
the ill treatment of
another person.
Maximum Duration
Of Police Protection
Maximum
The child can be
kept in police protection
for a maximum
of 72 hours.
