Children Young Person and their Families

CYP
s39 Place of safety warrants

CYP section 42

Search without warrant

CYP section 42

Search without warrant
Obligations on police on entry

CYP section 48

CYP unaccompanied

CYP section 48

CYP unaccompanied and placed into care of Chief Executive

For how long?

Youth Justice Principals about proceedings
s208

Youth Justice Principals

What should Youth proceedings be designed to do?

Youth Justice Principals

Offending children in the community

Youth Justice Principals

Age and sanctions

Youth Justice Principals

Designing sanctions - what is the aim of any sanction

Youth Justice Principals

Are CYP entitled to any special protections

Youth Justice Principals s214
Arrest of a CYP without warrant

Where a power of arrest exists, officers are NOT to arrest CYP unless they are satisfied on reasonable grounds that it is necessary to what:

Youth Justice Principals s214
Arrest of a CYP without warrant

Although there are 4 main factors in determing if a CYP should be arrested are their other exceptions?

Youth Justice Principals s214a

May arrest a CYP who is released on bail and ...

Youth Justice Principals s214a

Arrest of CYP for breach - where do they go

What sort of file is needed for a breach?

Youth Justice Principals s215 Rights.

Before questioning a CYP where r.g.s. committed an offence or asking questions intended to obtain an admission what needs to be explained?

Youth Justice Principals s215a

CYFS rights to be explained upon request

Youth Justice Principals s216

Rights to be explained to CYP who charged

Youth Justice Principals s217

Rights to be explained to CYP who arrested

Youth Justice Principals s218

Explanations in language/manner appropriate

Youth Justice Principals s219

Explanation of rights not required when...

Youth Justice Principals s221

Admissibility of statements made by CYP's

Statements are not admissible unless...

Youth Justice Principals s222
Nominated persons

CYPS may nominate who...

Youth Justice Principals s222

If CYP fails to nominate what do you do

Youth Justice Principals s222

Can you refuse a nominated person?

Youth Justice Principals s222

What is the duty of a nominated person

Youth Justice Principals s229

Where CYP at an enforcement agency regarding an offence by that CYP or following their arrest ...

Youth Justice Principals s229

Where CYP at an enforcement agency regarding an offence by that CYP or following their arrest and parents wish private visit with CYP, police may...

Youth Justice Principals s223

Youth and EBA provisions

Youth Justice Principals s234
Custody of a CYP following arrest

Where a CYP is arrested with or without a warrant, a Constable shall...

Youth Justice Principals s235

CYP arrested and placed into custody of chief executive.

CYP is arrested AND Constab;e has reasonable grounds to believe ...

CYP

Young person who is arrested may be detained in police custody.

A Young person who is arrested may be detained in police custody.

Where a certificate issued by a S/W and Snr Sgt to keep YP in police custody, what is also required to be completed

If police find a CYP offending and that CYP is not arrested what happens?

Police v T. Detention in Police Custody

T shoplifted and instructed to stop and ran. Chased and arrested and placed into custody with shoplifting $9 food. Subject at that time to supervision order with 17 charges. Stayed in custody 24hrs

S v Police. Spontaneous admissions

Police visit S after 15 burglaries. Given rights and asked to accompany and show locations of offending and told no intention to charge

Family Violence

Principle of a collaborative approach with other agencies and community partners.

Other principals include SAFETY... explain

Family Violence

FV principals include
COLLECTION RISK INFO...

explain

Family Violence

FV principals include
ACCOUTABILITY...

explain

Family Violence

FV principals include
WORKING COLLABORATIVELY
explain

FV investigation and scene attendance where firearms involved.

Always check NIA to see if access to firearms (eg licence) or alerts

FV Corroboration

Early interviews

FV

Collecting risk information
IPV, CRF and ODARA

FV and CYFS report of concern (ROC)

Must report if...

Reporting with urgency for child safety

A CRITICAL situation - what action is necessary

(urgent to critically protect injury or death)

Reporting with urgency for child safety

Serious child abuse

(serious physical/sexual, neglect, FV where child present or caregiver CYFs caregiver or member of police)

Reporting with urgency for child safety

FV where Child Risk Factors indicate one of more priority factors present

Reporting with urgency for child safety

Other risk factors present

-Family Violence-
Making a decision to arrest

The solicitor generals prosecution guidelines must be met

-Family Violence-

Protection Orders - when do they expire?

-Family Violence-

Making a decision to arrest in historic Breach of Protection Matters

-Family Violence-
Making a decision not to arrest for FV offences

-Family Violence-
Making a decision to arrest

Do you need a complaint from the victim?

-Family Violence-

What to do where there is insufficient evidence to arrest

-Family Violence-
Should you warn for FV offences when there is sufficient evidence to arrest

Charging FV Offenders

Principals

Guidelines for determination of FV charges for a BOPO assault

Bail for FV offences

What are the primary considerations?

Restrictions on bail for BOPO

Who can give authority for releasing a FV offender on Police bail

FV
Bail for BOPO and FV

FV
BOPO - principals for police

FV
Safety, support and intervention

FV Safety plans

FV

Victim access to support services

FV

Local Agreements

FV
Local agreements and
the right to privacy of victim

Police Safety Orders

Police Safety Orders

Who is a qualified constable

PSO

What is the purpose

PSO

what are the conditions of a PSO

What happens with a parenting order when a PSO is issued

Deciding to issue a PSO

Deciding to issue a PSO

If you arrest for a FV offence but later determine there is insufficient evidence can you issue a PSO

Deciding to issue a PSO

Can a PSO be issued for persons not in relationships

Deciding to issue a PSO

Can a PSO be issued to a person under 17

Can you issue a PSO when there is a PO in place?

Factors to consider in issuing a PSO

Factors to consider in issuing a PSO

What are "hardships"

PSO and Parenting Orders

When does a PSO start and how long can it go for

Who decides length of PSO and what start point is there

How long can a person be detained for a PSO to be served

Can you remove a person to serve a PSO

What happens when you decide to issue a PSO but can't either obtain authority or issue or serve the order within 2 hours?

Arranging support for the person at risk

What should you ensure:-

PSO issuing procedures

Breach of a PSO

Not an offence but bound person can still be arrested if fail to comply (reasonable force). If bound person is arrested for a breach of a PSO you MUST:

Breach of a PSO

If the bound person breaches the PSO how long have you got to find them

Breach of a PSO

If the bound person breaches the PSO and absconds and the court issues a WTA are there any time constraints?

Breach of a PSO

Do you file a charging document

PSO and court hearings

Role of the prosecutor

FAILS TO REMAIN WHILE PSO SERVED

What must you prove
What power do you have

PROTECTION ORDERS

Who is protected

What does the court have to direct the respondent to do upon receiving a protection order

Protection Order Conditions
in relation to Weapons

Seizing firearms

FV Definition

CHILD

FV Definition

CHILD OF APPLICANTS FAMILY

FV Definition

Psychological abuse of child

FV Definition

Domestic Relationship

Protection Orders

Is failing to attend a program as directed by the court a BOPO

POLICE v ELLIOT

Consent to remain on property

PO in place. Wife withdrew consent and told male to leave. History of BOPO