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Questions and Answers
Which of the following actions is considered physical abuse against a child?
Which of the following actions is considered physical abuse against a child?
What changed in the legislation regarding child assault after 2006?
What changed in the legislation regarding child assault after 2006?
What defense is available for parents who commit common assault on their children?
What defense is available for parents who commit common assault on their children?
Which of the following is NOT considered emotional abuse?
Which of the following is NOT considered emotional abuse?
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What should be done if there are concerns regarding a child's emotional well-being without suspicions of a criminal offence?
What should be done if there are concerns regarding a child's emotional well-being without suspicions of a criminal offence?
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How is physical abuse primarily covered legally in relation to children?
How is physical abuse primarily covered legally in relation to children?
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What form can emotional abuse take that directly impacts a child's development?
What form can emotional abuse take that directly impacts a child's development?
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What does the absence of a specific offence definition for emotional abuse imply?
What does the absence of a specific offence definition for emotional abuse imply?
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What does Article 3 primarily focus on?
What does Article 3 primarily focus on?
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Which individuals are subject to regulation under Article 4?
Which individuals are subject to regulation under Article 4?
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What role do Child Abduction Warning Notices (CAWNs) play?
What role do Child Abduction Warning Notices (CAWNs) play?
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In which scenario might a Child Abduction Warning Notice be issued?
In which scenario might a Child Abduction Warning Notice be issued?
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What must a constable have to believe before removing a child into police protection?
What must a constable have to believe before removing a child into police protection?
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What does CSE stand for in the context of child protection?
What does CSE stand for in the context of child protection?
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What does the term 'Reasonable Cause to Believe' indicate regarding police intervention?
What does the term 'Reasonable Cause to Believe' indicate regarding police intervention?
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Which of the following is NOT an example of Child Sexual Exploitation (CSE)?
Which of the following is NOT an example of Child Sexual Exploitation (CSE)?
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Who has the authority to issue a CAWN based on an officer's observations?
Who has the authority to issue a CAWN based on an officer's observations?
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What is indicated by the term 'Significant Harm'?
What is indicated by the term 'Significant Harm'?
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How should a police constable respond after taking a child into police protection?
How should a police constable respond after taking a child into police protection?
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What is a potential consequence of individuals allowing children into their company without parental knowledge?
What is a potential consequence of individuals allowing children into their company without parental knowledge?
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Which of the following is NOT considered suitable accommodation for a child taken into police protection?
Which of the following is NOT considered suitable accommodation for a child taken into police protection?
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What does the necessity aspect in the context of police protection refer to?
What does the necessity aspect in the context of police protection refer to?
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What role does a designated officer play after a child is taken into police protection?
What role does a designated officer play after a child is taken into police protection?
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What is the legal age defined as a 'child' under the legislation mentioned?
What is the legal age defined as a 'child' under the legislation mentioned?
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What conditions must be met for Article 68 to apply?
What conditions must be met for Article 68 to apply?
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Who can be considered 'the responsible person' for a child under care or protection orders?
Who can be considered 'the responsible person' for a child under care or protection orders?
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Under what circumstances can reasonable force be used according to Section 3 of The Criminal Law Act 1967?
Under what circumstances can reasonable force be used according to Section 3 of The Criminal Law Act 1967?
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What does Article 3(1) of the Child Abduction (Northern Ireland) Order 1985 pertain to?
What does Article 3(1) of the Child Abduction (Northern Ireland) Order 1985 pertain to?
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Which of the following is NOT a criterion for the application of Article 68?
Which of the following is NOT a criterion for the application of Article 68?
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What is the consequence if someone removes a child under the circumstances outlined in Article 68?
What is the consequence if someone removes a child under the circumstances outlined in Article 68?
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Who is considered a 'person connected' with a child under the age of 16 in terms of Article 3(1)?
Who is considered a 'person connected' with a child under the age of 16 in terms of Article 3(1)?
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Which of the following statements accurately describes the nature of the powers granted by Article 65?
Which of the following statements accurately describes the nature of the powers granted by Article 65?
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What is the main requirement for someone to be guilty of assaulting a child under 13 by penetration?
What is the main requirement for someone to be guilty of assaulting a child under 13 by penetration?
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Which of the following statements about sexual assault of a child under 13 is incorrect?
Which of the following statements about sexual assault of a child under 13 is incorrect?
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What is the maximum imprisonment term for causing or inciting a child under 13 to engage in sexual activity, if the activity does not involve penetration?
What is the maximum imprisonment term for causing or inciting a child under 13 to engage in sexual activity, if the activity does not involve penetration?
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How does the offence of assaulting a child under 13 differentiate from other sexual offences?
How does the offence of assaulting a child under 13 differentiate from other sexual offences?
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What must be proven for someone to be convicted of the offence of sexual assault of a child under 13?
What must be proven for someone to be convicted of the offence of sexual assault of a child under 13?
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Which of the following is a component of an offence under Article 15 concerning incitement?
Which of the following is a component of an offence under Article 15 concerning incitement?
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What distinguishes the offence of sexual assault from the offence of assault by penetration regarding a child under 13?
What distinguishes the offence of sexual assault from the offence of assault by penetration regarding a child under 13?
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What is the penalty for a conviction of assault of a child under 13 by penetration?
What is the penalty for a conviction of assault of a child under 13 by penetration?
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Study Notes
Physical Abuse
- Deliberately physically hurting a child
- Includes hitting, biting, pinching, shaking, throwing, poisoning, burning or scalding, drowning or suffocating a child
- Offence is covered under assault offences within the Offences against the Person Act 1861
- Assaulting a child is a criminal offence
- Prior to 2006 there was a presumption that parents were entitled to discipline their children as long as it was reasonable
- Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2006 changed the legislation to make any assault of a child a criminal offence
- Assault resulting in AOABH level injury or worse is an offence with no defence available
- Common assault is still an offence but a defence of reasonable punishment is available
Emotional Abuse
- No criminal offence of emotional abuse
- Described as the persistent emotional ill-treatment of a child
- Causes severe and persistent adverse effects on the child’s emotional development
- Conveying to a child that they are worthless, inadequate or unloved
- Can include exploitation, corruption, causing children to feel frightened, or in danger
- Smothering a child’s development through over-protection can also be emotional abuse
Removal and Accommodation of Children by Police in Cases of Emergency
- Police officers can take a child into police protection to safeguard a child deemed at risk of significant harm
- Constable must have reasonable cause to believe that a child would otherwise be likely to suffer significant harm
- Constable can remove the child to suitable accommodation and keep them there or take steps to ensure that the child's removal from any hospital, or other place, in which they are being accommodated is prevented
- Constable must secure that the case is inquired into by a designated officer as soon as reasonably practicable after taking a child into police protection
- ‘Constable’ means any rank of police officer
- ‘Child’ means a person under 18 years of age
- ‘Reasonable Cause to Believe’ is harder to satisfy than ‘reasonable grounds to suspect’
- ‘Otherwise be Likely’ means that the reasonable belief is that if police protection is not exercised then the child would suffer significant harm
- ‘Significant Harm’ will be assessed or judged on a case-by-case basis
- ‘Suitable Accommodation’ is not a police station.
- Suitable Accommodation could be:
- social services
- a family member
Child Abduction (Northern Ireland) Order 1985
- Article 3(1) of this order covers situations where a ‘person connected’ with a child under the age of 16 takes or sends the child out of the United Kingdom, without the ‘appropriate consent'
- ‘Person connected’ with a child is generally a parent, guardian or person with custody of the child
- ‘Appropriate consent’ is that of the other parent, the guardian, person with custody of the child or of a court
- Offence is normally committed where parents (or family members acting as guardians) take or send the child out of the UK
- Article 4(1) of this order covers situations where any person, without lawful authority or reasonable excuse, takes or detains a child under the age of 16 to either remove the child from the lawful control of any person having lawful control of the child, or to keep the child out of the lawful control of any person entitled to have lawful control
- Articles 3 and 4 applies to under 16’s
- Article 3 applies to parents or guardians taking or sending the child out of the UK
- Article 4 applies to ‘other persons’ (those other than mentioned in Art 3) taking or detaining a child
- Article 68 of The Children (NI) Order 1995 applies to under 18’s
- Article 26 PACE power of arrest applies
Child Abduction Warning Notice (CAWN)
- Individuals allowing children to be in their company may encourage them to go missing or to stay away from their parents/guardians/carers
- CAWN may result in the severance or disruption of contact between the child/young person and the person of concern
- CAWN assists evidentially in the future prosecution pursuant to Article 4 Child Abduction (NI) Order 1985 or Article 68 Children (NI) Order 1995
- May be used to prevent a person successfully raising defences (age of child and permission from parent/carer)
- The decision to issue a CAWN on a person is made by the Sergeant in the relevant PPB
Child Sexual Exploitation (CSE)
- CSE is the intentional ill-treatment, manipulation or abuse of power and control over a child or young person
- Includes taking selfish or unfair advantage of a child or young person or situation, for personal gain
- May manifest itself in many forms such as child labour, slavery, servitude, and engagement in criminal activity, begging, benefit or other financial fraud or child trafficking
Assault of a Child under 13 by Penetration
- Person commits an offence if they intentionally penetrate the vagina or anus of another person with a part of his body or anything else and the penetration is sexual and the other person is under 13
- Person guilty of an offence under this Article is liable, on conviction on indictment, to imprisonment for life
- This offence only includes penetration of the vagina or anus and not the mouth
Sexual Assault of a Child under 13
- Person commits an offence if they intentionally touches another person and the touching is sexual and the other person is under 13
- Person guilty of an offence under this Article is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both
- On conviction on indictment, to imprisonment for a term not exceeding 14 years
Causing or Inciting a Child under 13 to Engage in Sexual Activity
- Person commits an offence if they intentionally cause or incite another person (B) to engage in an activity, the activity is sexual, and B is under 13
- Person guilty of the activity is liable on conviction on indictment, to imprisonment for life if the the activity caused or incited
- This offence only includes penetration of the vagina or anus and not the mouth
Key Learning Points
- Assaulting a child is a criminal offence
- Emotional abuse is not a criminal offence but is prevalent with all other forms of abuse
- Article 65 of the Children (Northern Ireland) Order 1995 allows police officers to take vulnerable children into police protection
- Article 3(1) of The Child Abduction (Northern Ireland) Order 1985 covers situations where a ‘person connected’ with a child under the age of 16 takes or sends the child out of the United Kingdom, without the ‘appropriate consent'
- Article 4(1) of The Child Abduction (Northern Ireland) Order 1985 covers situations where any person, without lawful authority or reasonable excuse, takes or detains a child under the age of 16 either to remove the child from the lawful control of any person having lawful control of the child, or to keep the child out of the lawful control of any person entitled to have lawful control
- Consent is not a defence for the offences under Articles 13, 14 and 15 of the Children (Northern Ireland) Order 1995
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Description
Test your knowledge of child abuse, including the definitions and legal implications of physical and emotional abuse. This quiz covers key legislation, types of offenses, and the impact of abuse on children's development. Understand the current laws and protections in place to safeguard children.