Assumption 19. Local police.

It is 11:00 p.m. at night, and you are commissioned by court to appear at C/ Gladiolo, 4,
2ºA, a place where, according to the petitioner's complaint, he believes that the eldest
son of a couple is physically attacking his parents. parents.
When they arrived at the scene, and contacted the resident of the property, she told them
that she had been the object of aggression by her son, who had problems with drugs,
and that after denying her money, he had attacked her. against her, causing apparently
minor injuries.
The mother states that she no longer knows what to do with him, that she has reported
him on several occasions, and today the episode she experienced has been especially
violent.

Answer:

What would be the police action to follow, in the event that the young person was a
minor under 16 years of age? Properly write the police action.

During the usual patrol service, we received instructions from Room 062 that we should
go to the location mentioned in the statement for a report of a possible case of domestic
violence where apparently a minor could have attacked his parents. This indicates that
in our actions we are going to deal with a possible crime of habitual abuse in the family
environment, typified in art. 173.2 of the CP:

Anyone who habitually exercises physical or mental violence on descendants,

ascendants or siblings by nature, adoption or affinity. The number of proven acts of
violence must be appreciated.

Our initial action will be to set off towards the indicated location immediately and
without delay, always taking the fastest route possible.
At all times our duty will be to observe and prevent the commission of a possible
infraction or crime and our actions will be carried out in accordance with the legal
system and exercising the powers of the Local Police Corps as members of the Security
Forces and Corps. , as established in art. 5 and 53 of LO 2/1986 of March 13 of the
FCS.
Our action will be carried out within the territorial scope of the municipality as set out
in the regulatory framework of Law 13/2001 of December 11, on the Coordination of
Local Police in its art. 4.

Once at the home we will verify the veracity of the request and must adopt all the
security measures within our reach in order to carry out the investigations into the
existence of the infraction or criminal offense.

The members of the acting crew will require the testimonies of neighbors who
witnessed what happened and that of the father and mother, who in this case, is the
passive subject of the attacks.
We will offer her special attention and protection, we will calm her down and try to get
her out of any stressful situation she may be suffering, our objective being that she can
offer us a narration of what happened that is as truthful as possible.

You will be informed of your rights and the duty to report and give a statement at police
stations.
Regarding the injuries, we will urge you to be treated by health services, who will
prepare an injury report that will be attached to the corresponding report.

Once the facts have been assessed and all possible information has been collected,
noting the existing risk situation for the physical integrity, rights or legitimate interests
of the victim and his or her family, we will be forced to take precautionary measures
against the minor, who apparently also suffers from drug addiction.

This will be detained as long as other possible solutions are not possible, after being
informed of the reasons for his detention, as well as the rights that assist him, by virtue
of the provisions of article 17 CE and 520 LeyCrim, which will subsequently be
formalized through report prepared for this purpose in police stations, where the person
of the detainee will be transferred.
During the procedure we will ask you for any weapon or object that you could carry or
keep, ensuring at all times its integrity and our own.
.
In any case, the detention may not exceed more than 24 hours and must comply with the
action protocol dictated by the Security Secretariat 1/2007 “protocol for action with
minors” and which develops the content of LO 5/2000 of 12 January, which regulates
the criminal responsibility of minors. Our action in any case towards the minor will be
as follows:
No handcuffing unless absolutely necessary.
Do not use harsh language.
Transfers in vehicles without police markings and non-uniformed personnel if possible
and in the manner that least harms the minor.
Do not share rooms with people of legal age.
Psychological support in police stations.

The examination will be carried out in the presence of your lawyer and also in the
presence of a father, mother, guardian or legal representative. If none of them appear,
the prosecutor's office will replace them.
We will immediately inform the Public Prosecutor's Office of the arrest along with the
procedures carried out and we will enter the detainee's data in the specific database
where the police records of minors are recorded.

The proceedings will be attached to the police report and transferred to the competent
judicial authority in this case, the Juvenile Court of Huelva.

Finally, we will send a report with everything that has been done and happened to the
attention of the Head of the Corps, reflecting the reference number of the written report.
How would the police action vary, assuming that said young person was over 18 years
of age? Answer briefly

The protocol to be followed in the detention of an adult person does not comply with
the special protection treatment that must be taken into account when the detainee is a
minor.
Emphasis should be placed on the weapons and licenses that the detainee may possess.
A search or search could be carried out by the members of the acting crew without the
need for non-uniformed police to appear to safeguard the rights and interests of the
minor.
Detention with a person over 18 years of age is assumed to be much more categorical
and without delay.
- The use of shackles will be strictly necessary.
- It will not be necessary to avoid spectacularity in the arrest, harsh language,
physical violence or display of weapons if necessary for the action.
- The duration of your detention may be 72 hours. instead of 24 hours.
- The facts will immediately be placed at the disposal of the Court of Investigation
on Duty, while the Public Prosecutor's Office and the Juvenile Court are
responsible for cases of juvenile crimes.

What legislation would apply?

- Spanish constitution
- LO 2/1986 of March 13, Security Forces and Corps.
- LO 10/1995 of November 25, of the Penal Code.
- LO 4/2015, March 30, Protection of Citizen Security.
- RD September 14, 1882, LeCrim.
- LO 5/2000, of January 12, regulating the criminal responsibility of minors.
- Circular 1/2007, of November 23, Protocol for action with minors.
- Instruction No. 1/2017 of the Secretary of State for Security, which updates the
“PROTOCOL FOR ACTION WITH MINORS”