UK Laws Related to Domestic Violence and Child Protection Answer

UK Laws Related to Domestic Violence and Child Protection

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Introduction - Assessing UK Burglary, Theft, and Evidence Concealment Charges

Answer 1

After carefully assessing the case of Smith it can be said the that the specific offences that have been commited by Smith burglary, theft as well as hiding of evidence.

For the purpose of convicting Smith with burglary then prosecutor needs to prove that the defendant entered the jewlerry shop without permission and stole a number of jewellery, electrical items and bank cards. Circumstantial evidence may prove different aspects about the defendents intent. To prove that the Smith is guilty of theft, the prosecutor need to bring the owner of the car and carefully question about all the details regarding the car. Lastly to prove that Smith tried to hide evidence the prodecutor will have to provide circumstantial evidence about the burglary and theft as well as how Smith tried to hide these stole objects.

Then conditions to satisfy before officers can question or search Smith and search the car are:

• Take into account that a car of similar description has been stolen.
• Find some evidence that connects Smith with the burglary at the jewelry shop.

Answer 2

The Offence against the Persons Act 1861 is a parliamentary act of UK in Ireland and Great Britain (Gaffney-Rhys, 2017). It combined various provisions in relation to offences against a particular person (an appearance in particular that involves violence and offences which includes a number of earlier statutes within a single act. Major offence that are commonly encountered within a domestic violence setting that falls under this Act have been outlined in the following. Sections 1 to 10, of this act deals with this particular setting of domestic violence. Specifically sections 1 to 3 deals with death penalty charged for murder and have been repealed. Section 4 of this act, deals with offences involving conspiracy to murder and soliciting to murder. Next, the section 5 demarcates that an individual convicted due to manslaughter is liable to be punished with life imprisonment. After this, sections 6 to 8 deals with the form of indictment in relation to manslaughter and murder whereas sections 9 and 10 deals in jurisdiction over manslaughter and murder committed abroad. In order to prosecute a person under this act, it has to be proved that the assault within the home setting has caused some kind of bodily harm. Bodily harm has its general meaning.

The Serious crime act of 2015 is an act under United Kingdom’s parliament. It was originally introduced in June of 2014 as a part of the opening speech of the Queen (Dando and Ormerod, 2017). The Home office sponsored this bill. Part 5 of this act is particularly related to offences commonly encountered within a domestic violence setting. It includes the Protection of Children. It deals with cruelty, abuse, physiological damage and neglect faced by the children within the domestic setting. To prosecute an individual under this act it has to be proved that there have been instances of continuous abuse or coercive and controlling behavior within the home setting.

The crime and security act of 2010 is an act regarding the power of the police in relation to searching, taking, retention, use of evidential material stopping, providing protection of victims who have faced domestic abuse, injunctions in relation to gang violence, orders of antisocial behavior etc. It further involves the police power to retain take and destroy information of the private security industry, use devices for electronic communication in prison, overseas terrorism, licensing the supply and sales of alcohol (Agana and Ele, 2019). The powers to deal with domestic violence that are available to the police under the crime and security act of 2010 include

• Power of issuing a notice for protection against domestic violence.
• Breach of a notice regarding protection against domestic violence.
• Services and contents of a domestic violence protection notice.
• Several remands about remand etc

To invoke the crime and security act of 2010 some particular conditions need to be met. The first condition is that an individual has been violent towards another associate person whereas the second condition is that the court must be ensured that the invoking this law is important for the protection of the victim.

Answer 3

All organizations that deal with children must have different procedures and policies of safeguarding to make sure that that each child, irrespective of their disability, age, gender, reassignment belief or religion, sexual orientation or sex, race has an individual right to remain protected from any end of harm. Setting up as well as following good procedures and policies of safeguarding, means ensuring that a particular child is safe from adults as well as other children who are liable of posing significant risk to this child. This involves community and voluntary organizations providers of private sector, faith groups and sports club, schools and hospital (Glasper, 2020). In simple words safeguarding can be defined as the actions particularly taken to promote child welfare and at the same time protect them from harm. The main aim of the safeguarding approach within the protection of children includes.

• Protecting the child from various actions that may lead to maltreatment and abuse.
• Total prevention of the impairment of a child’s physical or mental health as well as his development.
• To ensure that the children are growing up in situations that is in accordance with the provisions of effective and safe care.
• Taking actions for the purpose of enabling each children as well as young people having their best outcomes (Peckover and Appleton, 2019).

Various agencies might be involved in different safeguarding approaches for the protection of the children and their welfare. The different involved agencies and their roles have been outlined in the following.

Social service: social services are present to work with individual families. They are present to decide whether a child should be brought within a care system. They conduct interviews as well as meet with children and families and coordinate with several agencies.

NSPCC: This agency particularly helps carers and parents. They provide a helpline as well as give advice.

Health Service: These involve doctors, school nurse, hospitals and local clinics. They will carefully observe any child who is considered to be at risk and liaise with different social services.

Police: In modern times a specific unit known as the child investigation unit has been introduced in the police force. This unit has access to several data bases that can quickly go through information on selected individuals. They provide constant update with a baring and vetting scheme. It is also the responsibility of this unit to share information with several agencies regarding children who might be suffering from or it is probable that they might suffer harm (Wyllie and Batley, 2019). The police is dedicated towards sharing intelligence and information with other agencies where there is a necessity to protect a child. This involves the responsibility of the police to make sure that the officers representing the entire police force at a conference for child protection be fully informed about each case and be experienced regarding the decision making and risk assessment process.

Children’s social care: These services are provided through services led by demand that different local services provide for supporting disabled children, taking responsibility, protecting them from harm. This involves taking care of children belonging to residential and foster care placements.

Answer 4

The Modern Slavery Act of 2015 can be categorized as an important act under the parliament. It has been specifically designed to fight modern slaver in United Kingdom and consolidate earlier offences related to slavery and trafficking (Mantouvalou, 2018). The act is mostly operational in Whales and England but some provisions in relation to cross-border pursuit and statements of modern slavery are applicable in Northern Ireland and Scotland. The bill was brought forward in the form of a draft to the House of Commons in October of 2013. It was further brought forward by James Brokenshire, a member within the parliamentary under secretary for security and crime. Lard Bates and Theresa May sponsored the bill under the home office. After receiving Royal Assessment, it became a proper law on 26^th March of 2015.

There are many offences under the Modern Slavery Act of 2015 that deals with slavery and forced labor. These offences have been have been discussed in the following.

A person is considered to have committed an offence regarding Slavery, servitude as well as compulsory or forced labor:

• If a particular individual holds another individual servitude or slavery and the situations are such that the individual needs to know or knows that the other individual is being held in servitude or slavery, or
• If the individual needs another individual to perform compulsory or forced labor and the situations are such that the individual needs to know or knows that the other individual is being needed to perform compulsory or forced labor (LeBaron and Rühmkorf, 2019).

To prosecute a person who is commiting the offences of slavery and forced labour, some major pouts needs to be proved.

1. For the prosecution of the offences under the act all situations regarding whether an individual is being held in servitude or slavery or is being compelled to perform forced or compulsory labour need to be considered.
2. In the 1^st subsection, the referenced towards holding a person in servitude or slavery or requiring that individual to carry out compulsory or forced labor are to be done according to the Human Right’s Convention’s Article 4.
3. When it comes to determine if a person is being held in servitude or slavery or is needed to perform compulsory or forced labor, all the situations need to be taken under consideration.
4. For instance regard can be taken in the following manner

• To any services or work provided by that individual involving services or work provided in the circumstances that comprises of exploitation within the section 3 (3) – (6).
• To any of the individual’s personal situations (such as the individual being a small child, the family relationships of the person, and some physical or mental illness) that may lead to making the person more vulnerable than other persons.

5. The person’s consent (whether it is a child or an adult) to any of the alleged acts comprises holding the person in servitude or slavery, or needing the individual to perform both compulsory and forced labor, does not essentially prevent the determination that the individual is being held in servitude or slavery, needed to perform compulsory or forced labor (Voss, et al., 2019).

Reference

Agana, M.A. and Ele, B.I., 2019. A Strategic Cyber Crime and Security Awareness Information System using a Dedicated Portal. arXiv preprint arXiv:1910.10830.

Dando, C.J. and Ormerod, T.C., 2017. Analyzing decision logs to understand decision making in serious crime investigations. Human factors, 59(8), pp.1188-1203.

Gaffney-Rhys, R., 2017. From the Offences Against the Person Act 1861 to the Serious Crime Act 2015-the development of the law relating to female genital mutilation in England and Wales. Journal of Social Welfare and Family Law, 39(4), pp.417-434.

Glasper, A., 2020. Safeguarding children with long-term conditions from COVID-19. British Journal of Nursing, 29(9), pp.533-534.

LeBaron, G. and Rühmkorf, A., 2019. The domestic politics of corporate accountability legislation: struggles over the 2015 UK Modern Slavery Act. Socio-Economic Review, 17(3), pp.709-743.

Mantouvalou, V., 2018. The UK modern slavery act 2015 three years on.

Peckover, S. and Appleton, J.V., 2019. Health visiting and safeguarding children: A perfect storm?. Journal of Health Visiting, 7(5), pp.232-238.

Voss, H., Davis, M., Sumner, M., Waite, L., Ras, I.A., Singhal, D.I.V.Y.A. and Jog, D., 2019. International supply chains: compliance and engagement with the modern slavery act. Journal of the British Academy, 7(s1), pp.61-76.

Wyllie, E. and Batley, K., 2019. Skills for safe practice–A qualitative study to evaluate the use of simulation in safeguarding children teaching for pre-registration children’s nurses. Nurse education in practice, 34, pp.85-89.