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Questions and Answers
What incident significantly increased the focus on hate crime in the UK?
What is the main outcome aimed for by police in response to hate crime?
How did the Macpherson Inquiry impact public perceptions of hate crime?
What is a notable difference between hate crime legislation in Northern Ireland and England and Wales?
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What was one of the main assertions made by Deputy Chief Constable Drew Harris about hate crime?
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Which of the following statements is most accurate regarding the impact of hate crime incidents?
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What is the primary responsibility of police officers in relation to hate crime?
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What fundamental issue does hate crime reflect within society?
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What determines the acceptability of bodily contact in social interactions?
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In what scenario is consent not a valid defense against charges of battery?
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What is required for a parent to legally correct a child without committing assault?
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What does self-defense allow an individual to do?
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When is a police officer protected from civil action during an arrest?
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Which of the following actions may constitute an unlawful assault?
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What can complicate the justification of self-defense in property matters?
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What is a critical factor in determining reasonable force during an arrest?
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Why might a gentle tap be considered acceptable contact?
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What could be a potential consequence of overstepping acceptable physical contact?
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What constitutes 'sexual activity' under the specified conditions?
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What is the maximum penalty for an offence under this article upon summary conviction?
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What must a person aged 18 or over do to commit an offence under Article 22B?
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In the context of sexual grooming, what does 'grooming a particular child' entail?
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Which of the following is true regarding a person presenting themselves as under 18?
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What is the primary effect of individuals encouraging children to go missing?
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What does a Child Abduction Warning Notice (CAWN) primarily aim to do?
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In the context of Child Sexual Exploitation (CSE), what is a key identifying factor?
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Which of the following are considered forms of child exploitation?
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Who is responsible for the decision to issue a CAWN?
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What is one form that CSE may take?
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How can a CAWN assist in legal proceedings?
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What type of offenses is mainly associated with cases of CSE?
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What is one of the potential outcomes of the severance of contact between a child and a person of concern?
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What role does the first responding officer play in situations involving at-risk children?
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What is the primary reason for taking a child into police protection?
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Which of the following is true about invoking powers under Article 65?
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Who is considered the 'responsible person' for a child in care?
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What is a required action after taking a child into police protection?
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Which of the following statements best describes the Children (Northern Ireland) Order 1995?
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What is the maximum duration a child can remain in police protection according to the legislation?
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Which of the following actions could be considered an offence of child abduction under Article 68?
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What best describes the term 'police protection' in this context?
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In which circumstance can a police officer take a child into police protection?
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What is one of the key protections afforded to children under the Children (Northern Ireland) Order 1995?
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What constitutes common assault based on the definitions provided?
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Which of the following best describes battery in the context provided?
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In a situation where a group throws stones in a crowded street, what aspect constitutes recklessness?
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What is the minimum level of force required to be considered unlawful violence?
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Which scenario correctly illustrates the application of force indirectly?
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Which of the following is NOT a typical injury associated with common assault?
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Under the definitions provided, which of the following actions can be legally justified?
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In legal terms, how are assault and battery viewed in relation to each other?
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What does the term 'relevant offence' include in the context of human trafficking?
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What is the maximum penalty for a person found guilty of an offence under Article 22 on conviction on indictment?
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Which of the following describes 'sexual communication' under Article 22A?
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What does the term 'exploitation' encompass in the context of human trafficking?
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What is a condition for a person aged 18 or over to be guilty under Article 22A?
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What does the term 'maliciously' imply in the context of causing grievous bodily harm?
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What is included in the definition of grievous bodily harm?
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Under what conditions can a police officer arrest without a warrant?
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What must the prosecution prove regarding the use of force in self-defense?
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What does 'unlawfully' indicate in the definitions provided?
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What is a key component of the offense defined under Section 18 of the Offences against the Person Act 1861?
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What distinguishes a hybrid offence from other types of offences under English law?
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In the context of causing grievous bodily harm, which of the following would likely not constitute 'inflict'?
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How is the term 'injuries' defined within the context of the offences discussed?
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What is necessary to prove that a threat to kill has been made?
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What is one of the consequences for a conviction under a Section 20 offence?
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In which circumstance can threats be communicated?
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What defines an aggravated offence in Northern Ireland?
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What is required for the Prosecution in cases of threats to kill?
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What is a possible defense that individuals may claim when charged with making a threat?
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What is the maximum penalty for a threat to kill upon indictment?
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Which statement is true regarding the communication of threats?
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Which of the following is NOT a requirement to prove the offence of making a threat to kill?
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What does the Criminal Justice (No2) (NI) Order 2004 allow in terms of sentencing?
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Which case law is associated with the interpretation of threats?
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Which of the following actions is considered as acting for the protection of a child?
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What is the maximum imprisonment term for an offence under this Article upon summary conviction?
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Which of the following defines an offence for a person aged 18 or over regarding meeting a child?
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What is NOT a purpose for which a person may act to protect a child?
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Which of the following scenarios illustrates a reasonable exception for a health worker?
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What mental state must a person have to be guilty of an offence under Article 22?
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How is the offence related to sexually exploited children characterized?
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Why is it necessary for a person committing an offence under Article 22 to have a specific belief regarding the child's age?
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What constitutes an offence under paragraph (1) regarding communication with a minor?
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What must be true for an act of rape against a child under 13 to be considered an offense?
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Which Human Right is explicitly focused on the prohibition of discrimination?
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Which of the following statements about sexual offences against children under 13 is accurate?
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What is a primary duty of police officers when responding to hate incidents?
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What is required for the offense of assault of a child under 13 by penetration to apply?
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What should investigating officers do if they have doubts about a victim's needs in a hate incident?
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Which of the following actions can legitimately be classified as sexual touching of a child under 13?
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Which of the following best describes the role of Local Policing Team (LPT) officers in hate incidents?
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What distinguishes the definition of 'touching' within the context of sexual offences?
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Which step should be taken to address the cultural needs of victims in hate incidents?
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What is the purpose of the hate incident practical action (HIPA) scheme?
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Which of the following is NOT a primary duty of police officers according to the stated legislation?
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What should investigators do regarding victim support in hate crime cases?
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What is a key requirement for a charge of assault in cases involving an imitation firearm?
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Which of the following actions would NOT constitute battery?
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How does recklessness apply in the context of battery?
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What is necessary for a threat to be considered an assault?
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According to the definitions provided, which statement best describes 'intentionally' in the context of applying force?
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What does battery require according to the definitions provided?
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Which of the following examples best illustrates recklessness?
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What is the primary objective of the Violence Against Women and Girls Action Plan in Northern Ireland?
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When is the act of battery considered complete?
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Which scenario correctly represents an assault?
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How often does the police in Northern Ireland receive a report of domestic abuse?
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What type of action can be classified as 'any act' in the context of battery?
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Which of the following is NOT one of the five categories of child abuse?
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What is one of the initial focuses of the Violence Against Women and Girls Action Plan?
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What common misconception might people have about the reports of violence against women and girls?
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Which statement accurately reflects an aspect of the police's approach to addressing violence against women and girls?
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Neglect as a form of child abuse is characterized by which of the following?
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What outcome is desired from the action plan concerning policing and women and girls?
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Which type of abuse involves the psychological harm of a child through threats or coercion?
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What term is used to describe a broad category that includes various forms of ill-treatment of children?
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What types of membership can aggravate an offence by hostility towards a victim?
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Under which condition can an offence be considered motivated by hostility?
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What constitutes a 'racial group' according to the relevant definition?
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Which of the following would NOT be considered when assessing hostility in an offence?
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Which of the following best describes the term 'disability' in the context of hostility?
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Why is it important to record comments made by the defendant in cases of hostility?
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In the context of child protection, what is a fundamental duty of all police officers?
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What is essential for ensuring children's safety in Northern Ireland?
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What role does hostility play in the classification of an offence?
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Which of the following is a role of the Public Protection Branch in relation to child abuse?
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Study Notes
Public Protection and Safety
- Public protection and safety encompass various aspects, including hate crime, assaults, child protection, sexual offences, public order, domestic abuse, missing persons, sudden death, adults at risk and mental health, crime and alcohol, harassment, stalking, offensive weapons, and public protection arrangements in Northern Ireland.
- The Macpherson Inquiry, stemming from the murder of Stephen Lawrence in 1993, highlighted the need for police services to address hate crime and its impact on community cohesion.
- Despite progress made, trust in the police service regarding hate crime still requires improvement.
- Northern Ireland lacks specific hate offence legislation, unlike England and Wales.
Assaults
- The definition of assault is broad, encompassing any act that causes another person to fear immediate unlawful force or contact.
- Battery refers to the actual application of force upon another person, even if it's minimal and seemingly harmless.
- Consent is a crucial factor in determining whether an act constitutes battery.
- For certain forms of bodily contact, consent is implied as part of everyday life, but exceeding reasonable boundaries can lead to battery charges.
- Consent provided for activities deemed harmful to society, like sado-masochistic sexual acts, may not be considered a legal defense.
- Legal justifications for assault include lawful correction (reasonable discipline of a child by a parent), self-defense, and lawful arrest by a police officer.
- In lawful arrests, police officers are protected from civil action as long as the arrest is lawful and only reasonable force is used.
- Excessive force during an arrest can result in criminal charges, such as common assault or more serious assault offenses.
Child Protection
- The Children (Northern Ireland) Order 1995 outlines legislation concerning child protection, including abduction of children in care.
- Article 65 of this order empowers police officers to take reasonable steps to prevent a child from being taken away from a responsible person.
- Article 68 defines the offense of child abduction, which encompasses knowingly taking, keeping, or inducing a child in care, subject of an emergency protection order, or in police protection away from their responsible person without lawful authority.
- The term "responsible person" refers to anyone with care of the child, including the police officer who has taken the child into police protection.
- Failure to act responsibly in protecting children in these situations can lead to an increase in the number of children reported missing and at risk of abuse.
- The concept of "Child Abduction Warning Notices" (CAWNs) serves as a preventative measure against potential harm to children by individuals deemed to be of concern.
- CAWNs can disrupt exploitative behavior and provide evidence for potential future prosecutions under child abduction legislation.
- The decision to issue a CAWN rests with the Sergeant in the relevant Public Protection Branch (PPB).
- First responding officers should submit information about children potentially at risk and individuals of concern to PPB.
Child Sexual Exploitation (CSE)
- CSE is the manipulative and abusive use of power and control over a child or young person for personal gain.
- CSE includes exploiting a child's vulnerabilities for financial or other illicit purposes, including child labour, slavery, servitude, and engagement in criminal activities.
- CSE is not an offense itself but is an aspect of child abuse and a context where sexual offenses can occur.
- A key factor in identifying CSE is the concept of "exchange," where a child is coerced into sexual activity in return for something they want or need for the benefit of the perpetrator.
- Relevant offenses fall under the Sexual Offences (NI) Order 2008.
Sexual Grooming
- Grooming involves intentional communication for the purpose of gaining trust and access to a child for sexual exploitation.
- The Sexual Offences (NI) Order 2008 defines grooming as "communicating with a person with a view to grooming a particular child."
- The offense involves presenting oneself as under 18 to a child, intending to engage in sexual communications and potentially committing sexual offenses against the child.
- Even communicating with a group of people can be considered grooming if the intention is to specifically target and groom a particular child within the group.
Common Assault
- Assault is any act that causes another person to apprehend immediate and unlawful personal violence.
- Battery is the intentional or reckless application of unlawful force to the body of another person.
- Typical injuries include grazes, scratches, abrasions and minor bruising.
Grievous Bodily Harm (GBH)
- GBH means serious bodily harm.
- Includes broken or displaced limbs/bones, fractured skull, broken cheekbone/jaw or ribs, injuries resulting in substantial blood loss, psychiatric injuries (proven by a medical expert), severe harm/wounding, and puncture wound to inner cheek.
Wounding or Causing GBH with Intent
- Offence under Section 18 of the Offences Against the Persons Act 1861.
- To prove this offence, the prosecution must prove it was unlawful and malicious and that the person wounded or inflicted GBH upon another person.
Threatening to Kill
- Offence under section 18 of the Offences Against the Persons Act 1861.
- The person making the threat must intend that the person threatened believes the threat to be real.
- The threat can be made in the heat of an argument or premeditated.
- The onus is on the prosecution to prove that there was no lawful excuse for making the threat.
Crimes Aggravated by Hostility
- Northern Ireland has no specific legislation detailing hate offences but the Criminal Justice (No2) (NI) Order 2004 allows for increased sentences when an offence is aggravated by hostility based on the victim's actual or presumed religion, race, sexual orientation, or disability.
Sexual Offences
- This offence applies to activities by which the defendant intends to commit (or believes another person will commit) one of the relevant offences anywhere in the world.
- This offence is complete whether or not the sexual activity actually takes place.
Meeting a Child Following Sexual Grooming
- An offence can be committed by someone aged 18 or over who has met or communicated with a person under 16 and subsequently meets with, travels to meet, or arranges to meet the child, intending to commit a relevant offence, without reasonably believing the child is 16 or over.
Sexual Communication with a Child
- This offence can be committed by someone aged 18 or over who intentionally communicates with a person under 16 for the purpose of obtaining sexual gratification when the communication is sexual or intended to encourage the child to make a sexual communication.
Police Duties
- Police officers have a statutory duty to protect life and property, preserve order, prevent the commission of offences, and bring offenders to justice.
- When carrying out these duties, police officers must protect human dignity and uphold the Human Rights of all persons.
Human Rights
- The following Human Rights are potentially engaged when dealing with hate incidents:
- Right to Life (Article 2 ECHR)
- Prohibition on inhuman and degrading treatment (Article 3 ECHR)
- Right to respect for family and private life (Article 8 ECHR)
- Right to freedom of thought, conscience and religion (Article 9 ECHR)
- Freedom of expression (Article 10 ECHR)
- Prohibition of discrimination (Article 14 ECHR)
LPT Officers Role
- LPT Officers will be tasked to attend hate incidents/crimes and investigate the report, unless otherwise directed.
- Background checks will be made regarding the individual/address to ensure appropriate action and identify repeat victims.
- Cultural issues, language and literacy requirements need to be considered to ensure awareness of sensitivities.
- If in doubt, sensitively/carefully ask the victim about their needs, worries, or concerns.
Investigation Strategy
- The investigating officer will liaise with LPT officers carrying out the hate and signal crime role, as well as CID to formulate the investigative strategy.
- Consideration should be sought from other specialist departments, such as the crime prevention officer and the use of the hate incident practical action (HIPA) scheme.
- Referral to victim support including the advocacy services should be encouraged.
Assault in Law
- Assault is the apprehension of immediate unlawful violence.
- This means that the victim must believe they are going to be subject to violence immediately, even if the violence never occurs.
- It is not necessary for the victim to actually be injured or touched for an assault to have occurred.
- Example: If Johnston threatened to shoot Brown with an imitation firearm, Johnston could be charged with assault, provided Brown believed that the firearm was real and that he/she was going to be shot.
Battery
- Battery requires physical contact with the victim and it can include attacking the victims clothing.
- Battery does not need to be preceded by an assault.
- A very small degree of physical contact will be enough to constitute battery.
Intent in Offence
- "Intentionally" means that the suspect deliberately acted in a way that was calculated, to leave the victim in no doubt that he/she would be subjected to personal violence.
- "Recklessly" involves foresight of the possibility of applying unlawful force and taking that risk.
- An example of recklessness is throwing a brick into a crowd.
- A threat to assault a person in the future is not an assault. The apprehension of being hurt must be immediate.
Hostility in Offences
- An offence is aggravated by hostility if:
- The offender demonstrates hostility towards the victim based on:
- Racial group membership.
- Religious group membership.
- Sexual orientation group membership.
- The victim's disability.
- The offence is motivated (wholly or partly) by hostility towards those groups.
- The offender demonstrates hostility towards the victim based on:
- For the purpose of this definition, "membership" includes if the offender presumes the victim is a member or has an association with members of that particular group.
Racial Groups
- "Racial group" means a group of persons defined by reference to colour, race, nationality, or ethnic or national origins.
- This definition does not include a group of persons defined by reference to religious belief or political opinion.
Religious Groups
- "Religious group" means a group of persons defined by reference to religious belief or lack of religious belief.
Sexual Orientation Groups
- "Sexual orientation" means a group of persons defined by reference to sexual orientation.
Disability
- "Disability" means any physical or mental impairment.
Public Protection and Safety
- Safeguarding and protecting children and young people is a fundamental part of the duties of all police officers and police staff.
- Police are required to investigate criminal offences committed against children.
- The Public Protection Branch and its respective specialist units are key to protecting children, but all officers have a duty and responsibility to uphold child protection.
Violence Against Women and Girls
- Violence against women and girls is a major concern for policing.
- Over the last five years, 28 women and girls were murdered by men in Northern Ireland.
- Statistics show that a call of domestic abuse is received every 16 minutes.
Violence Against Women and Girls Action Plan
- The Violence Against Women and Girls Action Plan in Northern Ireland aims to prevent violence and harassment, provide early intervention and enhanced support for victims.
- This plan is set to be delivered over seven years and focuses on building trust and confidence in policing, relentless perpetrator pursuit, supporting victims, and creating safer spaces for women and girls.
Child Abuse
- Child abuse is a generic term for ill-treatment of children and can be divided into five categories:
- Neglect.
- Physical abuse.
- Emotional abuse.
- Sexual abuse.
- Exploitation.
Neglect
- Defined as the persistent failure to meet a child’s physical, psychological and emotional needs.
- It is likely to cause significant harm to the child.
Sexual Offences
- The following offences are contained within the Sexual Offences (NI) Order 2008:
- Rape of a Child under 13
- Assault of a Child under 13 by Penetration.
- Sexual Assault of a Child under 13.
Rape of a Child under 13
- This offence applies only if the act of rape has occurred and the victim is under 13.
- Consent does not apply to under 16s. A child under 16 can never consent to any form of sexual activity.
- Rape can only be committed by a male, but other sexual offences can be committed across genders.
Assault of a Child under 13 by Penetration
- This offence includes penetration of the vagina or anus with a part of the body or anything else.
- Penetration of the mouth is not included in this offence.
Sexual Assault of a Child under 13
- This offence occurs when a person intentionally touches another person in a sexual manner, and the other person is under 13.
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Description
This quiz explores the various elements of public protection and safety, including hate crimes, assaults, and child protection. It examines issues like community trust in police services and the implications of legislation in Northern Ireland. Delve into the definitions and societal impacts of these important topics.