1 - CYPF and FH

Question 1

Grounds for a place of safety warrant - S39

Answer 1

RGTS that a child or young person is suffering or is likely to suffer, ill-treatment, neglect, deprivation, abuse or harm

Question 2

Search without warrant - S42

Answer 2

Any constable who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant,–

(a) Enter and search, by force if necessary, any dwelling house, building, aircraft, ship, carriage, vehicle, premises or place:
(b) Remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive.

Question 3

S214 - Shall not arrest young person unless…

Answer 3

• Ensure appearance before court
• Prevent from committing further offending
• Prevent CADD of evidence relating to offence
• Prevent interference with witnesses

Question 4

214A - Arrest in breach of bail

Answer 4

• CYP on bail and has breached a condition of their bail and
• has previously breached on 2 or more occasions.
• Approval from youth aid sergeant

Question 5

Explanation of rights not required for CYP if…

Answer 5

The same explanation has been given to the CYP not earlier than 1 hour before

Question 6

When can you hold YP in custody

Answer 6

• S/Sgt or Inspector is satisfied that:
• The YP who has been arrested is likely to abscond or be violent and
• that suitable facilities for the detention in safe custody of that YP are not available to the chief executive.

Must get joint certificate from OT and Police. Can exceed 24 hours

Question 7

R v Kahu

Answer 7

Under section 39, can check cupboards for supplies of food etc

Question 8

Stats for FH

Answer 8

• Woman are more likely to use violence in self defence

- Children are typically present at half FH episodes.

Question 9

Corroboration for FH allegations

Answer 9

• medical exam and doctors report
• photographs
• scene exam notes and evidence
• clothing
• witness statements

Question 10

Length of PSOs and what age

Answer 10

10 days max and 16 years or older

Question 11

How long can you detain to serve PSO?

Answer 11

Max 2 hours

Question 12

Special circumstances to issue PSO to 16 or 17 year old

Answer 12

• Reasonable grounds to believe that the issue of an order is necessary to help make the person at risk safe from serious family violence, and
• The ‘total level of concern’ (SAFVR and Dynamic) in OnDuty is High, and
• Approval from a Senior Sergeant or above has been obtained, and
• The authorising Senior Sergeant has consulted with Oranga Tamariki (National Contact Centre regarding placement / status)

Question 13

When must Police serve Protection Orders?

Answer 13

• the respondent holds a firearms licence, or
  • the respondent is believed to be in possession of or have access to a firearm (whether or not they have a licence), or
  • service is assessed as being a significant risk to the server, or
  • the protection order is granted without notice.

Question 14

Non violence conditions in every order

Answer 14

• engage in behaviour that amounts to any form of family violence against the protected person
• make any contact with the protected person that is not authorised
• encourage any person to engage in behaviour against, or to make contact with, a protected person, where the behaviour, if engaged in or made by the respondent, would be prohibited by the order. (s90)

Question 15

Family member under Family Violence Act

Answer 15

• engage in behaviour that amounts to any form of family violence against the protected person
• make any contact with the protected person that is not authorised
• encourage any person to engage in behaviour against, or to make contact with, a protected person, where the behaviour, if engaged in or made by the respondent, would be prohibited by the order. (s90)