Criminal offences | Salford Safeguarding Adults Board

Criminal offences

The criminal law provides for action to be taken against individuals who commit criminal offences. The police should be consulted about any incident of adult safeguarding where a crime may have been committed.  

The police will investigate an alleged crime and determine whether or not it should be referred to the Crown Prosecution Service (CPS).  There is lots of useful information about the criminal justice system, including information for victims and witnesses on the Crown Prosecution service website

Offences against the Person Act 1861

  • Section 18 - Wounding with intent to do grievous bodily harm.
  • Section 47 - Assault occasioning actual bodily harm.  

Mental Health Act 1983

  • Section 127 - offence for any staff member of a hospital or mental nursing home or any person to ill-treat or wilfully neglect a patient or person who is subject to supervised discharge.  
  • Offence for a Guardian or other person who has the care of a mentally disordered person living in the community to ill-treat or wilfully neglect that person.  

Theft Act 1968

  • Offence of dishonest appropriation of property belonging to another, intending to deprive the owner permanently.  

Race Relations Act 1976

  • Racially inspired offences.  

Criminal Justice Act 1988

  • Section 39 - offence of common assault relates to any physical contact without consent, acts or words involving threat of violence.  

Protection from Harassment Act 1997

  • Section 1 - offence of harassment.  

Mental Capacity Act 2005  

The Crime and Disorder Act 1998 - Hate Crime

Any crime where the perpetrator's prejudice against an identifiable group is a factor in determining who is victimised.  Includes crimes which are racially aggravated, homophobic, against faith groups, disabled people and asylum seekers.  

Sexual Offences Act 2003

  • Sections 30-44 - adults who are vulnerable by virtue of a mental disorder;  
  • Sections 30-33 - offences against people who cannot legally consent to sexual activity because their mental disorder impedes their choice;
  • Sections 34-37 - people who may not be legally able to consent because they are vulnerable to threats, inducements or deceptions because of their mental disorder;  
  • Sections 39-42 - care workers and their involvement with people who have a mental disorder.  
  • New offences also relate to:
    • 'Touching' in a sexualised manner i.e. offences are not all about penetration.
    • Causing people to engage in sexual activity which does not involve touching by threats, deception etc.

Police and Criminal Evidence Act 1984

  • Section 17 - police powers of search and entry to save life and limb or prevent serious damage to property.  
  • Section 24 - police power to arrest without warrant anyone suspected of having committed or being about to commit an offence.  
  • Section 25 - police power to arrest someone to prevent them from causing physical injury to another person or to protect others.  

Domestic Violence and Criminal Evidence Act 2004

  • The Act gives the police powers to deal with domestic violence including common assault, being an arrestable offence and enabling courts to impose restraining orders when sentencing.  
  • Section 5 - causing or allowing the death of a vulnerable adult or child in a household.  It is an offence to cause the death, and to also have stood by and not taken reasonable steps to protect the victim.

Latest news

Details of all the latest news from Salford Safeguarding Adults Board.