Vulnerability

Question 1

What is the definition of a vulnerable person?

Answer 1

“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.”

Question 2

How old is a vulnerable adult?

Answer 2

18 and over

Question 3

How old is a vulnerable child?

Answer 3

Under 18

Question 4

What classifies as a repeat victim?

Answer 4

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.

Question 5

What should you do if adult safeguarding concerns are identified?

Answer 5

• 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

Question 6

S.136 of the Mental Capacity Act 2005

Answer 6

• 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

Question 7

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

Answer 7

• 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.

Question 8

S.4B Mental Capacity Act 2005

Answer 8

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.

Question 9

What is the acronym to determine stalking? (FOUR)

Answer 9

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

Question 10

What are the legislations for stalking and harassment?

Answer 10

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)

Question 11

What is the legislated definition of harassment?

Answer 11

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

Question 12

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

Answer 12

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.

Question 13

Examples of stalking

Answer 13

• following
• contacting
• publishing
• monitoring
• loitering
• interfering
• watching
• spying

Question 14

What is the unofficial test for stalking?

Answer 14

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

Question 15

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

Answer 15

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

Question 16

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

Answer 16

• 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

Question 17

In any domestic offences, what must you fill out?

Answer 17

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

Question 18

What are the three main defences for stalking/ harassment?

Answer 18

• 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)

Question 19

What are the protection options for victims of stalking?

Answer 19

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

Question 20

What is malicious communication?

Answer 20

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

Question 21

What is revenge porn?

Answer 21

• 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

Question 22

What is a PPO?

Answer 22

• 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

Question 23

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

Answer 23

• 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