Are there rules about confidentiality and disclosure?

Jillanddy

Undervalued said:

Jillanddy said:

Undervalued said:

Jillanddy said:

MarkN88 said:

In terms of a charity, that supports people locally, I was in their training room and a convo was taking place about a scenario where this man who had a fight with his dad when he was 18. The fight was physical by both of them. Is that something that should then be reported to the police as possible asssult or not? Trying to grasp if their training content is correct. 

There can't possibly be a "correct" answer to this.  If you doubt their training though,  now is the time to quit. BUT reporting stuff to the police yourself is entirely inappropriate unless it is a crime. Two adults fighting may be stupid  but it isn't a crime. Regardless of that,  those supporting people in the community have fine lines to tread. It isn't your duty to police the lines they choose. And if you can't live with that,  you need other employment. 

That is arguable! Obviously if it is a properly conducted boxing match (or similar) it isn't regarded as a crime but you cannot legally consent to being assaulted. There is case law to support that. If either party sustains an injury they almost certainly have been assaulted. The fact that they were two adults fighting may be mitigation but it is not a defence.

It may be a crime if one party reports it. But it is absolutely not a crime if someone who wasn't even there reports it.  

Whilst there may be circumstances in which it is appropriate or legally required for a person to make a report of alleged or possible criminal activity,  there are many,  many more circumstances where doing so is professionally inappropriate.  Anyone in such a position, having knowledge of a crime, might encourage or support the victim to report it. They rarely have the right to betray their clients trust by doing so themselves unless it is a matter of safeguarding a vulnerable person. And the definition of that,  and the processes to be followed, are usually strictly defined.  

If, for example,  rape crisis or domestic abuse counsellors were to routinely report crimes to the police,  they would soon have no clients. You may abhor the crime, but it isn't your place to go to the police. 

Sorry but that sentence is nonsense. A crime is still a crime regardless of whether anybody witnesses or reports it! There may well be insufficient evidence and / or a lack of resources meaning that it is never investigated, let alone prosecuted but that doesn't mean a crime wasn't committed.

I disagree.  A crime is an act which had been judged so in a court of law. You are making assumptions about hypothetical situations which may or may not have happened.  You may have an opinion.  Yours is no more valid than anybody else's unless backed by an actual legal conviction. What you consider "nonsense" is personal opinion and one which not everybody holds.  

Dakta

Ultimately it boils down to the question of 'is the act punishable by law if brought to a court?' (not necessarily when)

Sandtree

Jillanddy said:
I disagree.  A crime is an act which had been judged so in a court of law.  

The judge creates the criminal record and decides the appropriate punishment for the crime... they, or a jury, may be asked to decide if the defendant did actually do what they are alleged to have done but its exceptionally rare that its necessary for a judge to decide if a crime has been committed.

Eg... window smashed in, TV gone... unless there is evidence that the scene has been staged for insurance fraud purposes or such then that will be recorded as the crime of theft, burglary or breaking and entering etc even without a judge. If a person is arrested then the jury will consider if the evidence is sufficient to convict the person of the crime or not... not if the crime happened unless the person comes up with a defence along the lines of the fact they were paid by the owner to stage the scene and take the TV.


As to the original question... should all potential crimes be reported to the police then almost certainly the answer is no. This is even more true if we are talking about a historic event. Even if a crime had been committed if the parties involved have since resolved their issues you will likely find yourself with hostile witnesses and waste a lot of time getting no where even if it was decided to investigate the complaint.