2946055
Description
Flashcards by PhilandTracy Sayers, updated more than 1 year ago
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Created by PhilandTracy Sayers
over 9 years ago
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| Question | Answer |
| CYP s39 Place of safety warrants | D.C Judge/Issuing officer. Application in writing Police or SW where RGS a CYP suffering/likely to suffer ill treatment, neglect, deprivation, abuse or harm May issue warrant to enter & search for CYP, (force if necessary) if RGB (above grounds) and remove/detain CYP and place into care of Chief Executive |
| CYP section 42 Search without warrant | Const RGB it is CRITICALLY NECESSARY to protect CYP from injury or death MAY without warrant Enter/search (using force) Remove or detain CYP (using force) Place CYP into care of Chief Executive |
| CYP section 42 Search without warrant Obligations on police on entry | (on first, subsequent visits or if requested) Produce Identification Disclose power authorised *CHILD notification 3 days |
| CYP section 48 CYP unaccompanied | CYP unaccompanied by parent/guardian In situation physical/mental health impaired or likely to be impaired. Take CYP (using force) with consent to parent/guardian - OR - If CYP doesn't want that or they not available, place CYP into custody of Chief Executive (to social worker) |
| CYP section 48 CYP unaccompanied and placed into care of Chief Executive For how long? | A child in care of Chief Executive is sufficient authority to detain CYP in a residential unit -child agrees to be returned to parent/guardian -application to court to determine if CYP should remain in custody |
| Youth Justice Principals about proceedings s208 | Unless public interest requires it proceedings not to be initiated against a CYP if there is an alternative means for dealing with the matter. Not to be initiated to solely provide assistance/services to advance welfare of CYP by their family |
| Youth Justice Principals What should Youth proceedings be designed to do? | Strengthen the family of the CYP Foster the ability of the family to develop thier own means of dealing with offending |
| Youth Justice Principals Offending children in the community | CYP who offend are to be kept in the community as far as practicable with the need to protect public safety |
| Youth Justice Principals Age and sanctions | Age is a mitigating factor in determining and sanction or sentence Sanctions to be designed to maintain and develop CYP and their family Sanctions to be the least restrictive form appropriate |
| Youth Justice Principals Designing sanctions - what is the aim of any sanction | -to address the underlying cause of the CYP's offending and have consideration of the -victims views and interests -impact of the offending |
| Youth Justice Principals Are CYP entitled to any special protections | Yes CYP are vulnerable and as such they are entitled to special protection during any investigation of offences committed by them |
| 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: | Ensure appearance at court Prevent further offending Prevent loss or destruction of evidence Prevent interference of witnesses |
| 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? | Noting prevents the arrest of a CYP for a catagory 3 or 4 offence (+14yrs prison) AND, there are RGB the arrest is in the public interest *child (3 days) |
| Youth Justice Principals s214a May arrest a CYP who is released on bail and ... | RGB has breached that bail AND has breached that bail on 2 or more times Authority to arrest to be obtained from YAS Sergeant or in their absence, supervising Sgt or a qualified Youth Aid officer. |
| Youth Justice Principals s214a Arrest of CYP for breach - where do they go What sort of file is needed for a breach? | CYP to be placed into care of Chief Executive (S/W) Bail breaches must be recorded as a 6D file for initial breaches and an alert placed in NIA |
| 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? | -If power of arrest exists, CYP may be K9 if refuses to provide details. (N/A if K9). -If not arrested, CYP not obliged to accompany for questioning. If consents may withdraw consent (N/A if K9) -CYP not obliged to make STX; if agrees may w/draw consent any time - STX may be used in proceedings -CYP may consult/make STX in presence of solicitor and/or nominated person |
| Youth Justice Principals s215a CYFS rights to be explained upon request | When speaking to a CYP regarding an offence or suspected offence and the CYP enquires of their rights they must be explained to them |
| Youth Justice Principals s216 Rights to be explained to CYP who charged | When questioning a CYP in relation to an offence AND; make mind up to charge with an offence MUST explain rights to them |
| Youth Justice Principals s217 Rights to be explained to CYP who arrested | On arrest of a CYP their rights are to be explained to them |
| Youth Justice Principals s218 Explanations in language/manner appropriate | The rights are to be given in a manner and language that is appropriate to the age and level of understanding to the particular child or young person |
| Youth Justice Principals s219 Explanation of rights not required when... | If rights were given within 1 hour not necessary to give them again |
| Youth Justice Principals s221 Admissibility of statements made by CYP's Statements are not admissible unless... | -Rights are explained in a language and manner appropriate -Where CYP wishes to consult solicitor and nominated person and does so -Stx made in presence of solicitor and/or a nominated person or other suitable adult EXCEPT - spontaneous statements before chance to comply with rights. |
| Youth Justice Principals s222 Nominated persons CYPS may nominate who... | Parent or guardian Adult family member Another adult selected by CYP |
| Youth Justice Principals s222 If CYP fails to nominate what do you do | Police can choose another adult (not officer) |
| Youth Justice Principals s222 Can you refuse a nominated person? | Where RGB nominated person attempt to pervert justice - OR - Person cannot be found with reasonable diligence or not available in a reasonable time |
| Youth Justice Principals s222 What is the duty of a nominated person | To take reasonable steps to ensure CYP has an understanding of the matters To support CYP before and during any questions and during the making of a stx |
| Youth Justice Principals s229 Where CYP at an enforcement agency regarding an offence by that CYP or following their arrest ... | asap after CYP arrives; inform person NOMINATED by CYP that they at enforcement agency for questioning/arrested and they may visit. Where person nominates isn't parent/guardian OR fails to nominate; unless it's impractical inform parent/guardian (may visit, CYP rights, may consult privately CYP) |
| 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... | Parents are not entitled to visit CYP if an officer is guarding CYP or they may be subject to reasonable conditions to ensure safety of CYP or to prevent commission of an offence |
| Youth Justice Principals s223 Youth and EBA provisions | The EBA procedures are not affected by s214-232 Normal procedures are to be followed |
| Youth Justice Principals s234 Custody of a CYP following arrest Where a CYP is arrested with or without a warrant, a Constable shall... | Release the CYP; or Release on bail; or Deliver into custody of -parent/guardian, -OR- -with agreement of CYP to Iwi social service or cultural social service - OR- -with agreement of CYP to any other person.organisation approved by Chief Executive or Constable |
| 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 not likely to appear in court commit further offences prevent loss/destruction evidence, -interfere with witnesses OR arrested for breaching bail and likely they will keep doing so. CYP to be placed into care of Chief Exec by delivering to a S/W, AND presenting them with prescribed form of ID of CYP, circumstances of arrest and date/time of CYPs court appearance. |
| CYP Young person who is arrested may be detained in police custody. | Where senior S/W and Snr Sgt (and above) are satisfied on r.g, the YP who is arrested -likely to be violent or abscond; AND suitable facilities for YP not available On a certificate from Snr S/W and Snr Sgt, YP may be detained in police custody exceeding 24 hrs until appears in court. |
| 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 | Within 5 days of the certificate, provide the Chief Executive (through the S/W) and the Police Commissioner a copy of that certificate AND a report of the circumstances and the duration of the YP's detention in police custody |
| R v KAHU s39 Place of safety warrant | Police entered address under s39 to check the food situation and the children. Cannabis found. Appealed. HELD - able to search cupboards for food as part of living conditions for the child |
| PETTUS v R Search without warrant | Charged with meth manufacture and ill treatment of children. S/W present at drugs warrant as knew children present. Blood/hair samples obtained re contamination under s42. Evidence withheld as U/L obtained as s42 is an emergency provision and when children removed from house no longer applied. |
| Police v D. Youth drunk and U/L on property. s48 and taken to station. En route provided guardian details. Taken through cell block. | En route to station provided guardian details. At station he assaulted officer and charged. Appealed. HELD as U/L detention to be taken through cells & detained. Police claimed he a youth offender and further enquiries were necessary. S48 no scope to detain for that purpose. Cannot use that legislation to get youth to court (use 214). |
| If police find a CYP offending and that CYP is not arrested what happens? | Police locating a CYP offending must consult with Youth Justice Coordinator with a view to a FGC before laying charges or charges are complemented. It's a role of the FGC to discuss the offending and decide if charges laid. |
| 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 | advocate questioned arrest and that T not brought to court promptly. Police said arrest necessary to prevent further offences. HELD - failure by police and bail granted and FGC directed. The initial arrest justified but nothing to suggest it needed to prevent further offences. Failure to bring to court a breach of BOR and 24hrs in custody a serious breach |
| ELIA v R. Rights and nominated persons | Two teens ag robbery of dairy. Police interview one teen without caution. That led to 2nd teen being interviewed and nominated person attempt to pervert. Another nominated person obtained. Officer failed to re-state rights on change of support person. Appealed over subsequent statements being obtained after first admission wo/ caution. |
| R v K Nominated persons s222 | K homicide suspect. Father agreed to return to station for stx. Rights given . Father an alibi witness not suitable s222. K didn't know where mother was so police decided to bring in independent nominated person (didn't let K decide another). K made admissions. APPEAL; K not told not obliged to accompany in absence of arrest and failure to nominate. Interview inadmissible. Police cannot veto choice unless likely to pervert/can't be found |
| 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 | During the drive S advised committed 2 ag robberies. Told of his rights invited to station, nominated person obtain and admitted offences. Excluded because officer not specific about any offences he was not going to be charged for. |
| Family Violence Principle of a collaborative approach with other agencies and community partners. Other principals include SAFETY... explain | -Ensure all parties safe, esp the victim -Children are especially vulnerable and must ensure their safety -Attending FV on of the most dangerous jobs for police |
| Family Violence FV principals include COLLECTION RISK INFO... explain | Enables decisions to assess, plan and manage risk to victims of FV by -child risk factors -IPVF -ODARA |
| Family Violence FV principals include ACCOUTABILITY... explain | Hold offenders to account tor their actions -through investigation and appropriate charging for offences -a prompt and comprehensive response Where offenders may benefit from interventions direct them into programs to stop violence. |
| Family Violence FV principals include WORKING COLLABORATIVELY explain | Coordinated response to FV within police FVIARS meeting (risk assess, info share) Case management Use stat powers to support/manage victim Victim/Offender safety / action plans |
| FV investigation and scene attendance where firearms involved. Always check NIA to see if access to firearms (eg licence) or alerts | -Check if PO/PSO in place (f/arms should be surrendered during order). -Consider if your concern warrant the issue of a PSO or where sufficient to arrest, an application for a PO. In either case all FAPRIE to be surrendered/seized. -If seizing report to Commissioner (*FIRE, 3 days) -Following surrender, determine if liecne holder fit and propert. Take appropriate action (eg revoke licence - Arms Officer) |
| FV Corroboration Early interviews | Victims commonly recant/minimise from pressure from suspect. Evidence can be sworn on same day to reduce chance of changing it later All interviews record as signed stx |
| FV Collecting risk information IPV, CRF and ODARA | CRF for all children under 17 (not visitors) Includes unborn children |
| FV and CYFS report of concern (ROC) Must report if... | -Serious child abuse (CPP - POL350) -Where CRF priority factors present -Where above n/a but you assess risk- supervisor for authority) (POL351) -Where staff attend a non FV incident and identify concern for kids at address a ROC made with supervisor approcal (P0OL351) |
| Reporting with urgency for child safety A CRITICAL situation - what action is necessary (urgent to critically protect injury or death) | Enforcement steps appropriate Remove/detain CYP (s42) to Chief Exec If CYP not removed and is safe, contact local CPT asap (+CPP notification). If outside office hours ring CYFS National Call Centre and advise ROC and CPP. Complete file, forward CPT if appropriate |
| 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) | Enforcement steps appropriate Contact local CPT asap (+CPP notification). If outside office hours ring CYFS National Call Centre and advise ROC and CPP. Complete file, forward CPT if appropriate |
| Reporting with urgency for child safety FV where Child Risk Factors indicate one of more priority factors present | Enforcement action appropriate ROC to CYFS with supervisor / FV coordinator consent Evaluated by FVIARS |
| Reporting with urgency for child safety Other risk factors present | Discuss child risk info with FV Coordinator If approved, send CPP or ROC. If no approval, FV team make a ROC to local CYFS office. Evaluate by FVIARS |
| -Family Violence- Making a decision to arrest The solicitor generals prosecution guidelines must be met | If suffienent evidence of offence, suspects for FV offences or BOPO should except in exceptional circumstances be arrested. |
| -Family Violence- Protection Orders - when do they expire? | There are effective until discharged by the Family court |
| -Family Violence- Making a decision to arrest in historic Breach of Protection Matters | Action should still be taken |
| -Family Violence- Making a decision not to arrest for FV offences | MUST consult with supervisor before proceedings. Also advisable to consult FV coordinator |
| -Family Violence- Making a decision to arrest Do you need a complaint from the victim? | NO No formal complaint is required from the victim to arrest or file charges. A victims wishes or response should be recorded. |
| -Family Violence- What to do where there is insufficient evidence to arrest | If have concerns for the victim or children, consider issuing of a PSO If you don't serve a PSO ensure victim and children are safe and linked to appropriate support services and they receive the victim information form. |
| -Family Violence- Should you warn for FV offences when there is sufficient evidence to arrest | NO |
| Charging FV Offenders Principals | Don't minimise violence that occurred Charges should make offender accountable for actions Consider the risk the offender poses to the victim |
| Guidelines for determination of FV charges for a BOPO assault | When BOPO and an assault occurred MUST charge with BOPO and Assault Do not release offender on bail for 24hrs providing there is no court before that period finishes. |
| Bail for FV offences What are the primary considerations? | Safety of the victim Linking victim to support services Cooling off period for offender |
| Restrictions on bail for BOPO | -If arrested and charged for BOPO, must not be bailed for 24hrs following arrest. -Must be brought court asap -After 24hrs and pending a court appearance follow usual bail procedures -Once defendant appears in court, the need to protect victim paramount consideration for determining court bail |
| Who can give authority for releasing a FV offender on Police bail | Supervisor - Sergeant or above |
| FV Bail for BOPO and FV | -Bail Act provides need to protect victim paramount for BOPO -PPS to consider any safety plans in place -Bail conditions specific and relevant to risks posed -Only in exceptional circumstances bailed to victims address |
| FV BOPO - principals for police | Treat breaches as serious- arrest and detain until next court hearing |
| FV Safety, support and intervention | ODADA must be completed Safety plan in conjunction with Refuge RISKS - suspects location/behaviour, seriousness of this/prev FV, further interference, risk to kids/others CONSIDER- safety alarm, safe house etc |
| FV Safety plans | Manage risk Victim vulnerability (alarms, cell phone etc) Clearly record actions for victim to take and have victim sign (give copy) Contact WR and provide plan to them Issue PSO if no PO in place (if appropriate) Plan no specifics in case offender gets it Review plan frequently with FVIARS/ WR |
| FV Victim access to support services | Ensure the victim is safe before leaving the scene and a safety plan prepared if appropriate (consider removing victim from scene if suspect not located) Provide victim info sheet. Follow local procedures Complete Pol1310 and enter alerts and safety plan in NIA |
| FV Local Agreements | WR primary agency for support for FV Victim Support only provide support where no specialist agency available FVIARS follow up multi agency response Support agencies - one victim one referral |
| FV Local agreements and the right to privacy of victim | Victims right to privacy must be taken into account. Disclosure of victim information to another agency is permitted if it ensures the victims gets the best support |
| Police Safety Orders | Immediate Order by Qualified Const (Sgt) Doesn't require victims consent Requires person to surrender any firearm or weapon and firearm licence vacate any land/building regardless of onwership. |
| Police Safety Orders Who is a qualified constable | Sgt or above Not an acting Sgt unless their appointment is a formal acting role If no Sgt, contact COMMS |
| PSO What is the purpose | To provide a cooling off period Allows victim time to seek support services or apply for a PO |
| PSO what are the conditions of a PSO | Same as a PO Contact with the person at risk is restricted to that which is reasonable necessary in an emergency |
| What happens with a parenting order when a PSO is issued | The parenting order is suspended for the period of the PSO |
| Deciding to issue a PSO | If const doesn't arrest for act of violence but has r.g.b. a PSO is necessary for safety |
| Deciding to issue a PSO If you arrest for a FV offence but later determine there is insufficient evidence can you issue a PSO | NO |
| Deciding to issue a PSO Can a PSO be issued for persons not in relationships | YES Included other relationships - sharing a household (flatmates) and close personal relationships (friends) |
| Deciding to issue a PSO Can a PSO be issued to a person under 17 | NO |
| Can you issue a PSO when there is a PO in place? | Yes. If evidence of offence of BOPO is obtained should arrest for that. If insufficient evidence to arrest for a BOPO, a PSO can be issued. |
| Factors to consider in issuing a PSO | CRF, IPV and ODARA Likely offender will use/used violence Likely offender violent again Welfare of children Any hardship if PSO issued PLUS Previous interactions with police, mental illness, alcohol/drugs, propensity for violence, FV history, any orders in place |
| Factors to consider in issuing a PSO What are "hardships" | Access to vehicles Financial Ability of named person to find accommodation or transport |
| PSO and Parenting Orders | Establish if a parenting order is in place or in the process of being obtained If Parenting Order in place, FVC will followup |
| When does a PSO start and how long can it go for | Starts immediately upon service Lasts up to 5 days |
| Who decides length of PSO and what start point is there | Issuing officer decides duration Starting point of 24hrs then factor in other considerations including holidays, support services, risks etc |
| How long can a person be detained for a PSO to be served | 2 hours to allow time to obtain authority, issue and serve the order |
| Can you remove a person to serve a PSO | Yes may remove from premises and take to a police station or other such place during that detention period. If refuses may be arrested without warrant |
| What happens when you decide to issue a PSO but can't either obtain authority or issue or serve the order within 2 hours? | Must release the detained person Then have 48 hours to serve the order. Order expires if not served in those 48hrs The 48 hours commence from the time the qualified constable authorises the PSO |
| Arranging support for the person at risk What should you ensure:- | Relevant/appropriate support contacted and immediate safety assured Victim has advocate arranged within the PSO time frame Support and temporary residence available |
| PSO issuing procedures | Seize firearms and licence Fully explain duration/effect of PSO to both parties (consider ILO or similar) Record PSO in NIA (via CRL) Bound person surrender f/arms & vacate Obtain appropriate agencies for support for protected person/children Complete POL, PSO on file, Notify FVC |
| 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: | Bring to court within 24 hrs Request court re-issue PSO or adjourn to make application for a temp PO If bound person cannot be brought to court within 24hrs, release and summons (if fail to appear can be arrested). Normal rules of evidence apply (signed stx from victim and officer sufficient) |
| Breach of a PSO If the bound person breaches the PSO how long have you got to find them | One month from the breach to locate and arrest then 24 hrs to bring to court. If person absconds advise the CRL May apply to court for a WTA which provides a power of entry. |
| Breach of a PSO If the bound person breaches the PSO and absconds and the court issues a WTA are there any time constraints? | If WTA issued, and the person is not located within 1 month the matter must be withdrawn NIA alert remains for 10 days. |
| Breach of a PSO Do you file a charging document | NO as it's not an offence A complaint filed using a Complaint Form in NIA which must be sworn at court by the constable named on the complaint (can't be electronic) |
| PSO and court hearings Role of the prosecutor | Prosecutor to advise the person at risk of the court decision and any outcome/action If prosecutor or constable cannot advise person a risk request CRL to contact them by 3x phone calls within1 hr, send a unit for a 4Q and update NIA Responsibility of District to update person at risk , CRL just helping |
| FAILS TO REMAIN WHILE PSO SERVED What must you prove What power do you have | Prove failed to remain or refused to remain by constable who detained them Power of arrest without warrant Fine not exceeding $500 |
| PROTECTION ORDERS Who is protected | Applicant and their children. A child over 17 remains protected until they permanently leave home. Adult children can be protected if named as a specified person. Order may also protect a particular person the applicant has a domestic relationship with (partner) |
| What does the court have to direct the respondent to do upon receiving a protection order | To attend a program unless there is a good reason not to |
| Protection Order Conditions in relation to Weapons | MUST not have any weapons (FAPRIE) or licence in possession or control MUST surrender any weapons/licence asap (within 24hrs) and on demand any time by police. Where Temp PO issued, same applies. Police retain weapons in surrender period. Return after that period. |
| Seizing firearms | Police have the power to determine if a person if a fit and proper person to hold a firearms licence. Where police receive a copy of a Temp PO where respondent has a f/arms licence, the O/C station must arrange an INSPECTOR or above to consider - if licence should be revoked or a warrantless search exercised |
| FV Definition CHILD | Under 17years Doesn't include person who is married or in a civil union or de facto relationship |
| FV Definition CHILD OF APPLICANTS FAMILY | A child who usually or periodically resides with the applicant (not necessarily related) |
| FV Definition Psychological abuse of child | Put, causes or allows a child to see or hear physical or sexual abuse of a person a child has a domestic relationship with |
| FV Definition Domestic Relationship | Spouse / Partner Family member Share household Close personal relationship NOT landlord/tenet or employee/employer even if they live together |
| Protection Orders Is failing to attend a program as directed by the court a BOPO | NO, it's failing to comply with a direction of the court BOPO has a power of arrest w/o warrant: - failing to comply with any condition; OR -contravening the PO |
| POLICE v ELLIOT Consent to remain on property PO in place. Wife withdrew consent and told male to leave. History of BOPO | Police arrived and male asked to leave but failed to do so - arrested BOPO. Applicant may remove consent any time and respondent must leave as soon as reasonably practicable. Charge dismissed due to not allowing reasonable time to leave, his possessions still in house and no violence. |
| Senior v Police. PO in place Male abused his ex partner on his Facebook page | Ex partner not a FB friend but her niece was and showed her. APPEALED lack of intent. HELD that he was at least reckless and no defence available. Confirms abuse doesn't have to be directly addressed to protected person and no direct evidence required id abuse intents protected person to see/hear it |
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