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Sgt CPK exam 2024 KCMY72 > 1. CYP&F and Family Harm (incomplete) > Flashcards

1. CYP&F and Family Harm (incomplete) Flashcards

1
Q

What does the term ‘young person’ refer to in the context of the Oranga Tamariki Act?

A

Of or over the age of 14 years but under 18 years

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2
Q

What is the significance of the ‘Family Group Conference’ in the Oranga Tamariki Act?

A

It is a process to involve family and whānau in decision-making for the child.

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3
Q

What is the role of the Family Court under the Oranga Tamariki Act?

A

To make decisions regarding the care and protection of children.

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4
Q

What is the overarching goal of the Oranga Tamariki Act?

A

To achieve positive outcomes for children and young people.

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5
Q

Section 39 OT

A

Place of safety warrants

Any DC judge or issuing officer who is satisfied RGTS CYP is suffering or is likely to suffer ill treatment, neglect, deprivation, abuse, or harm may issue a warrant authorising to enter and search for the CYP.

Person executing warrant may enter in search by force RGTB that the CYP has suffered or is likely to suffer and may remove or detain by force of necessary and place in the custody of the chief executive

Where CYP is in hospital direct medical superintendent to keep the CYP in hospital

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6
Q

Section 42 OT

A

Search without warrant

Any constable who RGTB it is critically necessary to protect CYP from injury or death may without warrant, enter and search, remove or detain and place in custody of the chief executive.

Must produce evidence of ID and disclose powers being exercised.

Shall within three days forward written report on exercise of power and circumstances to commissioner.

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7
Q

Section 48 OT

A

Where CYP found unaccompanied or found in situation where CYP’s physical or mental health is being always likely to be impaired, constable may take CYP and with their consent deliver to custody of parental guardian.

If CYP or parent or guardian unwilling, place CYP in custody of chief executive.

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8
Q

Definition of young person - care and protection

A

Of or over the age of 14 years, but under the age of 18 years

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9
Q

Four primary considerations section 4A OT

A
  • well-being and interests of CYP
  • public interest and safety
  • interests of any victim
  • Accountability of CYP for their behaviour
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10
Q

Section 208 OT

A

Principles

  • Unless in the public interest, criminal proceedings should not be instituted if alternative means available
  • Criminal proceedings should not be instituted in order to provide assistance or services to CYP or family
  • measures for dealing with offending should be designed to strengthen family and Foster ability of families to develop their own means of dealing with offending
  • CYP who commits offence should be kept in the community
  • CYP‘s age is a mitigating factor in determining the imposing of sanctions in the nature of any sanctions
  • Sanctions must take The form most likely to maintain and promote development of CYP within family and take lease restrictive form
  • Measures for dealing with offending address underlying causes of offending
  • victims views considered
  • measures should be taken to prevent the reduction of offending
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11
Q

Section 214 OT

A

Arrest of CYP without warrant

Satisfied on RG necessary to arrest CYP to ensure appearance in court, preventing further offending, prevent evidential material CADD, prevent witness interference

WEEP
Witness interference
Ensure appearance in court
Evidence preservation
Prevent further offending

Written report within 3 days.

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12
Q

Section 214A OT

A

Arrest of CYP in breach of bail condition.

2 or more previous breaches and has recently or is currently in breach.

Authority to arrest must always be obtained from youth aid Sgt or in the absence the supervising Sergeant or qualified youth aid officer.

Must placed in the custody of the chief executive and accordance with section 235.

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13
Q

Section 215 OT

A

CYP to be informed of rights before questioning

If RGTS CYP has committed offence must be given rights before questioning.

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14
Q

Section 215A OT

A

Rights to be explained to CYP on request

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15
Q

Section 216 OT

A

Rights to be explained when CYP charged.

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16
Q

Section 217 OT

A

Rights to be explained CYP arrested

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17
Q

Section 218 OT - how must rights be explained to CYP?

A

Rights to be explained in manner and language CYP understands.

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18
Q

Section 219 OT
Explanation not required if already been given when?

A

Explanation not required if already been given an hour or less prior.

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19
Q

Section 221 OT

Admissibility of statements - when are statements made admissible?

A

Admissibility of statements made by CYP

No oral or written statement by CYP is admissible unless:
- rights have been provided
- where they wish to speak with lawyer they’ve been given opportunity
- statement made in presence of lawyer or nominated person

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20
Q

Section 222 OT

A

Persons nominated by CYP:
- parent or guardian
- adult member of family group
- any other adult selected
- if CYP refuses or fails to nominate, any adult nominated by officer

Where officer believes person nominated is likely to prevent course of justice or cannot reasonably be located officer may refuse.

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21
Q

Section 223 OT

Spontaneous admissions

A

Nothing in 221 (admissibility of statements) applies to oral statement made spontaneously before officer has had chance to comply with 221

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22
Q

Section 229 OT

A

Parents or guardians to be informed CYP at station for questioning in relation to offence arrested for

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23
Q

Section 234 OT

Custody of CYP following arrest.

A

Where CYP has been arrested without warrant, constable shall:
- Release CYP or
- where on bail, release on bail or
- Deliver CYP into custody of parental guardian, iwi, or organisation approved by chief executive

24
Q

Section 235 OT

A

CYP Who was arrested maybe placed in custody of chief executive if RGTB WEEP or the CYP has been arrested for 214A and likely to continue to breach.

25
Q

Section 236 OT

CYP arrested may be detained in custody where chief executive and senior sergeant or constable who is of or above level of inspector are satisfied on reasonable grounds:

A
  • CYP likely to abscond or be violent
  • suitable facilities for detention not available
    May be detained on the joint certificate in police custody for period exceeding 24 hours until appearance in court.

If joint certificate issued there shall within 5 days be a copy of certificate and report submitted to commissioner.

26
Q

OT - what was held in R v Kahu in court of appeal for powers under S39 warrant where cannabis is as found in the kitchen?

A

The discovery of the cannabis in the kitchen and the bedroom was not a result of an unreasonable search under section 21 BORA.

S39 authorises search for child AND living conditions to form belief CYP is at risk

27
Q

What was found regarding s48 OT in Police v D detention under 48?

A
  • Police ought to minimise potential harmful experiences and exposures.
  • police failed to ascertain whether a CYP preferred to be returned home or to social worker.
  • section 48 does not authorise attention of CYP at Police station though may be used as intermediary means of delivering CYP
28
Q

What was found in police V T s214 and detention in police custody?

A

Police should be particularly careful not to hold CYP in custody unnecessarily.

29
Q

What was found in OT Elia v R in the court of appeal s215 and s223

A

Section 215 requires explanation must be given before statement is made or given.

Explanation must also be given again where a change of nominated person is made.

30
Q

Principles guiding police practice

Police will provide an effective response to family harm which involves:

A
  • eyes wide open approach
  • being culturally responsive
  • ensuring all parties are kept safe
  • accountability- taking action
  • collecting specific risk information
  • working collaboratively across police
  • working with partners
31
Q

S9 FVA meaning of family violence

Family violence includes p_______, s_________ or p________ abuse within family relationships.

There may be behaviour that is c_______ or c_________ and causes c________ h_____.

It can be a s______ e________ or a n________ of e________ forming a p_______ of b_______.

A

Family violence includes physical, sexual or psychological abuse within family relationships.

There may be behaviour that is coercive or controlling and causes cumulative harm.

It can be a single episode or a number of episodes forming a pattern of behaviour.

32
Q

If a PSO is in place, what happens to firearms licence holders who are bound by the order?

A

Any firearms licence is suspended and weapons under their control are to be surrendered for the duration of the order.

Revocation to be considered.

33
Q

If a PO is issued, what happens to respondents who are firearms licence holders?

A

Any firearms licence is revoked and weapons under their control are to be surrendered.

Must be done as soon as practicable after order is served and within 24 hours of service.

On the making of a protection order any firearms license held by the respondent is also deemed to be suspended. The license is deemed to be revoked when an order becomes final.

34
Q

What can be used as corroboration if a family harm victim becomes a reluctant witness?

A
  • medical examinations and doctors reports
  • Photographs of injuries
  • Scene examination evidence including photographs and scene diagrams
  • clothing
  • Witness statements
  • 111 call
  • emails, text messages, phone records, Internet browsing history, bank record
  • Previous family harm reports
  • Admissions or other corroborating or damaging statements by suspect
35
Q

Section 106A of the evidence act allows an adult family violence complainant to give evidence in chief by a video recording made by a police employee before the hearing. How long after the alleged episode can this be done?

A

No later than 2 weeks after the alleged family violence episode.

36
Q

All forensic interviews of child abuse victims or of child. Witnesses of serious crime must be carried out by specially trained child witness interviewers. Can you conduct a preliminary interview with a child during initial attendance?

A

Yes, as part of identifying their role and wider safety assessment

37
Q

When deciding whether to grant Police bail, the primary consideration is what?

A

The safety of the victim and their family members, linking the victim to appropriate support and services, and the possible need for the defendant to have a cooling off period to ensure the victim’s safety.

38
Q

Who must you have authority from to release a family violence defendant on Police bail?

A

A supervisor of or above the level of Sgt.

39
Q

Who is considered a qualified constable?

A

A constable of or above position level of Sgt. They must hold the substantive position level or otherwise be formally appointed or authorised under section 63 of the policing act.

40
Q

Section 31 FVA

What is the minimum age requirement for a PSO?

A

Person bound by order must be 16 years or older

41
Q

Can you serve a PSO if there is a protection order in place?

A

Yes, if there is not sufficient evidence to arrest for a breach of protection order

42
Q

How long can you detain a person for an order to serve a PSO?

A

Up to 2 hours to allow you to obtain the necessary authority.

If you are unable to serve the order within two hours, you must release the detained person.

You then have a period of 48 hours to issue and serve the order on that person. The 48 hour period commences from the time qualified constable authorises the issuing of the PSO.

43
Q

If you invoke a section 18 essay essay power to search for arms, what is the time period in which you must send a report to the commissioner?

A

Within three days

44
Q

If a bound person breaches a PSO and absconds after the breach, how long do you have to locate the bound person and bring them into custody?

A

One month. You then have 24 hours to bring them before the court.

45
Q

If the judge or judicial officer determines a new or substituted PSO is to be issued, it will be issued by a role holder in what order?
An officer of the court, the prosecutor if they are a constable, a constable in the vicinity of the court

A
  • An officer of the court
  • A constable in the vicinity of the court
  • The prosecutor if they are a constable
46
Q

If you are unable to advise the person at risk of the outcome at court due to them not being present, you must:

A

Make three attempts of telephone calls within one hour, send the local unit and complete a 4Q follow-up event, update the NIA record to reflect the action taken.

47
Q

A PSO can only be issued against a child age 16 or 17 where there are special circumstances. These may include:

A

RGT it is necessary to help make the person at risk safe from serious violence AND the total level of concern in onduty is high AND approval from a senior Sgt or above has been obtained AND the authorising Senior Sgt has consulted with OT

48
Q

What is the minimum age requirement when applying for a protection order against a CYP?

A

16 years or older

49
Q

Can a district court judge issue a final protection order on conviction if the victim objects to the order?

A

No. The victim must not object to the order.

50
Q

What are the Service principles in serving protection orders and seizing firearms?
S. I. A. W.

A
  • safety
  • Information gathering
  • Accountability
  • Working collaboratively
51
Q

When will Police serve protection orders?

A

When protection orders are granted without notice or where the overall circumstances indicate a significant risk of harm, such as the respondent holding FA licence or believed to be in possession of FA.

All other protection orders should be served by court staff.

52
Q

What is the definition of a child in the Family Violence Act?

A

A person under the age of 18.

53
Q

If a PSO is issued and unable to be served immediately, how long do you have to locate and serve PSO on bound person?

A

48 hours.

54
Q

What does the term ‘child’ refer to in the context of the Family Violence Act?

A

A person under the age of 18.

55
Q

What does the term ‘child’ refer to in the context of the Oranga Tamariki Act?

A

Under 14 years (13 and younger).

Sgt CPK exam 2024 KCMY72 (10 decks)

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