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Crime > Child Protection > Flashcards

Child Protection Flashcards

1
Q

If i had concerns about a guest house with cse, what could i do to get details of guests?

A

Inspector or above can serve a written notice on the:

Owner
Operator
Manager

Of any:
Guest house
Hotel
Other establishment of a similar kind

Accommodation is charged for a FEE which they RGB either has been or will be used or cse.

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2
Q

What must be contained on a notice to hotels for cse?

A 
Name of the hotel
Date notice comes into effect
Expiry date
Duration (max 6 months)
Info requested
Consequences of failing to comply
Appeal procedure
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3
Q

How long can a cse notice to a hotel last for?

A

6 months

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4
Q

For exposure, what do you need to prove?

A

Intent to expose and intent to HAD

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5
Q

What are the differences between firearms trespass offences and trespass with intent to commit a sexual offence?

A

Sexual only includes premises and not land. Can include temporary such as tents.

The sexual offence must be intended to be committed at the premise.

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6
Q

Notifications requirement for:

  • 4 years
  • 3 years
  • 2 years
  • 18 months
  • 1 year
  • 6 months
  • 3 months
  • caution
  • conditional discharge
A
  • indefinite
  • indefinite
  • 10 years
  • 10 years
  • 10 years
  • 10 years
  • 7 years
  • 2 years
  • period off discharge
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7
Q

How long does someone have to notify police?

A

3 days

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8
Q

Waterhouse is a RSO. He has two properties. Does he have to notify both?

A

No just sole.

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9
Q

What is the max time for shpo’s

A

5 years minimum - no max

Foreign travel restrictions are 5 year maximums before it can be renewed

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10
Q

How long does an sro last

A

2 years minimum or until further order

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11
Q

Aaron takes Evie abroad without Ems consent. It turns out, he is not the Dad. Still connected to the child offence?

A

Yes - rgb they are child’s father

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12
Q

Jane gives George permission to take the children to Syria as long as they are returned in a week. He does not return them. Child abduction?

A

No - as permission was granted

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13
Q

Clare overlays on her baby. What must we prove?

A
  1. Baby under 3
  2. Sleeping in the same bed
  3. They were drunk or under influence of drugs
  4. The child died from suffocation
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14
Q

Can an officer PPO someone already subject to an EPO?

A

Yes if there are compelling reasons to do so.

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15
Q

What must the designated officer do?

A
  1. Enquire fully into case
  2. Do what is reasonable in the circumstances for the purposes of safeguarding or promoting child’s welfare
  3. Allow reasonable contact with child by parents, legal responsibility etc

May also apply for an EPO

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16
Q

Can the instigating officer and designated officer ever be the same person?

A

No must always be different

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17
Q

What happens if a child under ppo runs away?

A

The court can issue a recovery order when the child is missing, taken or has run away.

This requires persons to give information about where the child is and produce the child. It also authorises a constable to enter any premises to search for the child.

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18
Q

Can you abduct a 17 year old?

A

No

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19
Q

16 year old Emily has overlayed on her 2 year old son. Can she be guilty of child cruelty if drunk?

A

Yes - 16 or over towards a 3 year old or under

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20
Q

Can officers ppo a child if not in uniform?

A

Yes - think CAIU

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21
Q

Joe prevents an 8 year old child from leaving the park but doesn’t actually take them anywhere. Child abduction?

A

Yes includes detaining a child

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22
Q

Can you charge child cruelty and murder if the child dies?

A

Yes

23
Q

Can a 15 year old babysitter be guilty of neglect?

A

No - 16 or over

24
Q

For child abduction, does the child have to be physically taken somewhere?

A

No they can be prevented from going somewhere

25
Q

What is the age for child abduction?

A

Under 16

26
Q

If Gary finds out that in fact the girl he reasonably believed was 16 is in fact 15 and has been reported missing, does he commit an offence if he keeps her there?

A

Yes - keep the child from lawful control

27
Q

Can a social worker remove a child under section 46?

A

No police only to suitable accommodation

28
Q

Female goes into refuge with her child. Father wants to know where the child is and calls us. We know where she is. What do we do?

A

The court stated that the police are not in a position to give ‘categoric assurances’ of confidentiality to those who provide information as to the whereabouts of a child. The most they could say is that, other than by removing the child, it would be most unlikely that they would have to disclose the information concerning the child’s whereabouts.

Any court order provides for the information to be disclosed to the court, not to the other party or his/her solicitor;

29
Q

For child abduction, can detaining be enough to constitute this offence?

A

Yes.

the offence is committed is by taking or detaining the child under 16 years so as to remove them from the lawful control of any person having lawful control of the child.

30
Q

Can you commit child abduction against a 16 year old?

A

No must be under 16.

31
Q

We know that it is an offence for a person connected with a child to take or send a child under 16 outside the UK without obtaining appropriate consent. Who are connected?

A

Parents
Unmarried father who has RGB they are the child’s father
Guardians or special guardians
A person with the benefit of a child arrangements order
A person with custody of the child

32
Q

Child abduction connected with a child involves taking or sending without appropriate consent. Do you have to get the consent of the father to take them out of country?

A

Only if they have parental responsibility for them

33
Q

There are 5 defences to child abduction by a person connected with a child. What are they?

A
  1. The person has the benefit of a CHILD ARRANGEMENTS ORDER and removes child for less than a month unless they are in breach of a prohibited steps order
  2. The person is a SPECIAL GUARDIAN of the child and removes the child from the UK for less than 3 MONTHS unless they are in breach of a prohibited steps order
  3. They BELIEVE that the other person either consented or would have consented if they knew the circumstances
  4. They cannot reasonably communicate with the other person
  5. The other person has unreasonably refused to consent unless the other person has a residence order in force, has custody of the child or is the child’s special guardian
34
Q

Report of a child abduction whereby the mother has taken the child on a trip to Brazil for two weeks. Mum has a child arrangement order but there is a prohibitive steps order that prevents such a trip. Has mum committed the offence of child abduction?

A

Yes

Although she has a child arrangements order
And has removed the child for less than a month
They are in breach of a prohibitive steps order so no defence

35
Q

A special guardian has removed a child abroad. They are not in breach of a prohibitive steps order. How long can they remove the child before it is an offence?

A

3 months for special guardians

36
Q

Mother takes their child under 16 to canada for a funeral. The mother has repeatedly tried to get hold of the father but can’t. She therefore takes the child without the required permission. Is this child abduction?

A

Yes but they would have a defence of not being able to communicate with the other person

37
Q

Father wants to take their child on holiday. He asks the mother who has parental responsibility however she refuses. The dad thinks this is unreasonable so takes the child anyway. Does he commit child abduction?

A

Yes

He cannot rely on the defence of the other person unreasonably refusing to consent as mum has custody of the child.

38
Q

Father takes a child away. They were not married at time of birth. Is this a child abduction that is connected or unconnected? Do they have a defence?

A

Unconnected. They will have a defence that they are the father or believed they are the father.

39
Q

A child has a chest infection. Mum does not seek medical assistance as she doesn’t care. She does not foresee any risk in her actions. Does she commit child cruelty?

A

Yes

The accused must either be aware that their health might be at risk OR
Their non awareness was sure to not caring

40
Q

What must the designated officer do once they have made enquiries into the case etc?

A

They must release the child from police protection

Unless there is still reasonable cause to believe that the child would be likely to suffer significant harm if released

41
Q

Can a suspect be charged with child cruelty and homicide if the child dies?

A

Yes can be charged with both

42
Q

If a mum with parental responsibility wants to move abroad, can she without seeking consent?

A

MELANIE’s father does not have parental responsibility for her; therefore, SPENCER does not actually have any liability under this Act to seek his permission to take her out of the country

43
Q

How long does a special guardian order last for?

A

Usually until the child is 18.

A parent cannot be a special guardian however it does not end the legal relationship between a child and his or her parents.

44
Q

For causing a child to die, how old must the child be?

A

Under 16 only

45
Q

Can a 14 year old parent be charged with causing the death of a child?

A

Yes

Must normally be over 16 unless they are the mother or father of the child, then it is any age.

46
Q

How long can a person with a child care arrangement remove a child out of the UK without consent?

A

1 month

47
Q

How long can a special guardian take a child out the country for?

A

3 months

48
Q

Tommy is 5 and Tommy’s Dad takes him out of the country for a week. Child abduction?

A

Yes if he didn’t have PR

49
Q

Tommy, aged 5, is taken out of the country by his Dad. Turns out he is not actually dad but has RGB to believe he is. Does he commit offence of section 1 child abduction or 2?

A

Section 2.

1 relates to only parents no matter what they believe.

50
Q

Can a 15 year old frequent visitor to a property ever be convicted of causing the death of a child?

A

Not unless they are the farther. Only parents under 16 can be charged, anyone else under 16 cannot be charged. Frequent visitors over 18 can be charged.

51
Q

Must the designated officer allow family to contact a child that has been PPO’d?

A

Not must but should.

52
Q

Who ‘should’ be allowed contact with a PPO’d child provided the designated officer believes it to be reasonable and in the child’s best interests?

A

Parents
Parental responsibility
Any person whom the child was living with immediately before PPO
Person named in child arrangements order
Person allowed contact under section 34 order
Any person acting on behalf of the above

53
Q

Timmy has been PPO’d. Can any relative speak to the child?

A

No

Must be parents, parental responsibility, who the child lived with immediately before, child arrangements order or any person acting on behalf of the above.

54
Q

Do you need DPP consent to prosecute child abduction?

A

Only section 1 connected

Crime (18 decks)

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