1 CYPF & FH Flashcards
What can you do if you find a CYP unaccompanied in a situation where their physical or mental health is being or likely to be impaired?
Can arrest Use force With their CONSENT return home or to person usually having care If they dont WANT to go home Or no one wants to take them Place in custody of OT
What is the definition of a YP
Over the age of 14 but under 18
What are the principals of s208 re Youth
Criminal proceedings shld NOT be instigated:
- unless in public interest
- to provide well being assistance
Any measures taken shld strengthen family, foster ability of family to deal with offending by CYP
CYP should be kept in the community so far as practical
CYP age is a mitigating factor
Nature of any sanctions
Any sanctions shld;
- maintain and promote development of child
- take the least restrictive form
- address underlaying cause of offending
Consideration shld be given to victims views and impact on them
The VULNERABILITY of the CYP entitles them to special protection
When can you arrest a CYP - s214
Necessary to arrest to;
- ensure appearance
- prevent further offences
- prevent loss or destruction of evidence
- proceeding by way of summons would not achieve that
You CAN K9 CYP RGTS committed cat 3 or 4 offence which is punishable by 14+ years AND RGTB arrest is in public best interest **dont have to satisfy 214 for this ***
Report to commissioner within 3 days stating reason WHY CYP was arrested
Arrest of CYP for BOB s214A
Arrest without warrant
CYP is on bail
RGTB CYP has breached bail
Breached on two or more prev occasions
s234 Who can you release a CYP to following arrest?
Release
Release on bail
Any parent or guardian
With AGREEMENT of CYP Iwi Social Service or Cultural Service
With AGREEMENT of CYP any other person or organisation approved by OT or a Constable
If you arrest a CYP and you BORG they will fail to appear, commit further offending, necessary to prevent loss or destruction of evidence or they will interfere with witnesses - what MUST you do?
MUST place CYP in custody of CE of OT and MUST do this ASAP and not later than 24hrs after arrest.
When is a CYP deemed to have been delivered in the care of OT
When you have;
- delivered CYP to them
- provided circumstances of arrest
- and date and time of Court appearance
This for YJ ONLY not CARE and PROTECTION
When can you detail a CYP in custody for longer than 24hrs?
When a Snr Sgt or above AND CE of OT are satisfied on reasonable grounds that CYP is likely to;
- abscond or
- be violent
AND
- suitable OT facilities are not available
Police MUST provide report to Commissioner within 5 days outlining circumstances and duration of period LIKELY to be detailed
What are the 5 ways Court can deal with a CYP?
Release Release on bail Deliver home to parents / guardian Detain in OT custody, Iwi Social Service Detain in Police custody
**Cannot hold in custody due to concerns re care and protection **
If a CYP appears in Custody on an offence that falls under s29A VRA, what must the PROSECUTOR do/
Make all reasonable effort to ascertain the view of each victim
Inform the Court of these views
Inform the vicitm/s of the Courts action ie bail, orders made by the Court
Court cannot refuse bail because of C&P concerns
What are some of the offences that fall under s29VRS?
Sexual
Serious Assault
Victim has ongoing fears for thier safety or security
or they fear for the physical safety of one or more members of their immediate family.
In Police v D what was held?
s48, took to cell block, he hit one cop, K9ed…
S48s purpose is care and protection
Requires child welfare and interets to be put first
Police NEED to minimise potential harmful situations (ie cell block)
Does NOT authorise detention at Police station although this can provide an intermediary means of delivering CYP home
What do you do with a s48 who does not want to go home to Mum or Dad?
s48 is for the purpose of return CYP home
Can only TAKE CYP home with their CONSENT
Place CYP in OT custody
What was held in Police v T-M?
s214 arrest guidlines re burglar…
Police invoked s48
Returned to station and questioned YP
Was used to take a YP into custody who was suspected of committing a crime
Did not satisfy 214
s208 criminal proceedings should NOT be iniated unless no other ways of dealing with offending and should take least restrictive form
Unless YP was arrested file should have been forwarded to YA
What was held in Police v T?
shoplifter who stole choc…
He was arrested, charged and held in custody over 24hrs
Initial arrest was justified
Was not bought to Court asap (ie afternoon court)
Held in custody too long
What was held in Police v CG?
s214 robbery of girls…
Arrest held to be not justifiable
Could have been dealt with by way of summons
Did not satisfy loss of evidence, ensure appearance or interfere with witness/complainants.
And NO AUTHORITY to hold CYP in custody for longer than 24hrs without a JOINT CERTIFICATE
If you are Police bailing a YP what should the bail conditions be?
Bail conditions need to be relevant, clear and have a reasonable link to their current charges and criminal and bail histories.
They also need to be discussed AND agreed to by both the YP and their caregiver and BOTH MUST sign the bail bond to confirm acceptance.
They will have to appear in the Youth Court within 7 days.
Can you oppose a Youths Bail?
Yes but you MUST seek IMMEDIATE guidance from YA officer if you want to oppose.
Youth Court can RIC to OT or Police or Youth Unit of Prison
If the offence falls under s29 VRA must get the victims views on bail, convey these to Court and update victim
If you arrest a CYP and BORG that they will not appear in Court or commit further offences, OR it is necessary to prevent destruction of evidence or interfere with witnesses what MUST you do?
Place CYP in care of OT as soon a practical and no later than 24hrs after arrest
If you are placing a CYP in care of OT what MUST you do?
Deliver CYP to OT
Give them CYP ID in WRITING
Circumstances of arrest in WRITING
Date and time of Court in WRITING
You can hold on to a CYP for up to 24hrs without needing a joint certificate…what cant you use this time for?
Making further enquiries
Delay contacting OT solely to keep the CYP in custody for the maximum time
Advise OT ASAP so they can arrange a suitable placement
There is no provision for keeping a CYP in custody for more than 24hrs without a Joint Cert
When is the CYP deemed to have been delivered to OT?
When they have been delivered to OT
Give them CYP ID in WRITING
Circumstances of arrest in WRITING
Date and time of Court in WRITING
If a Joint Certificate is issued, what must you do?
Provide a copy of Certificate to Commissioner withing 5 days, explaining
circumstances in which it was issued
duration in which the CYP was detained or is likely to be detained
What are the SIX principals that guide Police practice on Family Harm?
Early Intervention Culturally Appropriate Safety (theirs and ours) Collecting Risk Info Accountability Working Collaboratively
What percentage of FH episodes are children usually present at?
50%
If a person has been arrested for BOPO, when can they be bailed / go to Court?
Should go to Court at next available time, but if not Court MUST not be granted Police bail within 24hrs immediately following arrest.
If no Court after 24hrs can be Police bailed
When deciding whether to bail a FH offender what MUST you do?
The need to protect the victim and their family members is the PARAMOUNT decision when determining whether to grant bail
Who can authorise bail for a FH offender
Sgt or above
What should bail conditions be?
specific
relevant to defendants risks
reflect the victims and their families safety (in FH cases)
**Only in exceptional circumstances can a offender be bailed to a victims address **
Can you serve a PSO on a person who is on EM Bail?
Yes but they will then be unable to comply with their EM bail conditions and will have to be arrested
What should you do if you are responding to a FH episode concerning a Police employee?
Two simultaneous actions should occur
normal police response
referral to welfare through supervisor
What should Police do when they are aware of FH occurring in a Police family
Carefully consider impact of any criminal offending on the ability of employee to remain a police officer
compatibility to continue in a policing role
When do Police policy involving an employee and FH apply?
When it comes to a supervisors attention
Police attend a FH episode PSO issued or concern around FH escalating or continueing
Offending is disclosed where employee is a victim or offender
Temp or final PO has been issued regardless if employee is protected person or respondant
Can employees self refer for FH related stuff?
Yes
Ring EAP 0800
Discuss concerns with supervisor
Discuss concerns with welfare
police should support and educate employees to assist them to deal with issues or prevent / reduce FH escalating
If an employee raises their FH concerns with a supervisor is this a confidential conversation?
Yes UNLESS the conduct disclosed is of such a nature it should be investigated and or prosecuted
If a partner of a police employee makes a FH complaint who should deal with this?
FH coordinator / specialist
If Police attend a FH episode and an employee is either the person posing the risk or person at risk what should they do?
MUST report this to their supervisor who will contact Welfare to arrange contact ASAP and oversight
If a Police employee is arrested or charged with a FH related offence what MUST happen?
MUST be reported by shift supervisor to District Employee Practice Manager and PPC who will advise District Commander or National Manager.
Code of conduct will apply
What must you do for a VICTIM if a police employee is arrested or charged with FH related offending?
MUST offer the victim welfare contact and counselling through EAP
If appropriate this should also be offered to the offender/employee
What MUST a Police employee who become a respondent in a PO do?
MUST IMMEDIATELY report the fact in WRITING inc details of the proceedings to their SUPERVISOR.
If they FAIL to advise their supervisor this may be viewed as a aggravating factor when considering the nature of the conduct.
If an Police employee is a respondent in a PO are they allowed to carry their appointments?
No - a standard paragraph inc in POs is that not allowed to be in possession of any firearm or WEAPON.
Therefore cant carry OC, baton, or taser without breaching the PO.
These include in training
If a Police employee is served with a PO, can Police assisst in applying to alter the standard condition relating to weapons?
Yes but this would be a rare case.
Police must be satisfied that such a variation is appropriate
Must consider the nature, duration and type of FH disclosed, employees role and views of the protected person
What are the four types of DOMESTIC RELATIONSHIPS?
Are or have been intimate partners
Family Members
Flatmates (ordinarily share a house)
Close Personal Relationship
- nature and intensity of relationship
- amt of time spent together
- how and where that time is spent
Who can you issue a PSO to?
Anyone in a DOMESTIC RELATIONSHIP
Are or have been intimate partners
Family Members
Flatmates (ordinarily share a house)
Close Personal Relationship
- nature and intensity of relationship
- amt of time spent together
- how and where that time is spent
Who do you need to do a FH report for?
ONLY ppl who are of have been in an intimate relationship or are family members
Can you PSO a flat mate?
Yes comes under the definition of a domestic relationship but dont have to do a FH report
Do you have to do a FH report for an argument between flat mates?
NO - unless they have been in an intimate relationship or are family members
What are the immediate effects of a PSO?
Bound person MUST
-surrender any weapons AND FAL
- Vacate any land or building regardless if they have an interest in it
- A PSO provides a cooling down period and space to seek support and assistance for both the protected person and the bound person
What is a ‘weapon’ in relation to surrendering it for a PSO or PO?
FAP RAE
Fire arm Ammunition Pistol Restricted weapon (Flick knife, OC spray...) Air pistol Explosives
A bound person who has been served with PSO and is looking after someone elses firearms - can you seize those?
Yes - it applies to firearms under their control as well as owned by them
As well as the immediate effects of a PSO (surrender weapons, vacate land) what are the longer effects of a PSO on a bound person?
Cannot engage in behaviour that amounts to FH
Make UNAUTHORISED contact with person at risk
Encourage any person to make contact with PAR
What is authorised contact in a PSO?
Necessary in an emergency
Permitted under a special condition of a PO
Necessary to attend a FGC
Necessary before a Court
What happens if there is a parenting order in effect and a PSO is served?
The parenting order is suspended
Inform the FH Coordinator / specialist as the bound person may have had a parenting order made against the person at risk whom you intend to protect and a violence finding may have been made against them bu the Court
Who can authorise a PSO?
Qualified Constable
- Substantive Sgt or above
- someone who has been auth by s63
If you attend a FH episode and arrest an offender but later find that there is insufficent evidence and you un arrest them…can you issue a PSO?
Yes - if you think it is necessary to help make te PAR safe from FV
PSO provides time to seek support or assistance for both the PAR and bound person.
Can you issue a PSO to a YP aged 16 or 17?
Yes BUT it MUST be
- justified in SPECIAL CIRCUMSTANCES
- RGTB necessary to make the family or member or person they have a close family relationship safe
- Should be a last resort
- Consider arrest s214
- No identifiable offence
Authorised by a Snr Sgt
You go to a FH episode and a PO is in place but no breaches have been detected, can you issue a PSO?
Yes - also allows for parenting orders to be suspended
This also aligns with the Polices graduated response model
What should you consider when deciding to issue a PSO?
Total concern for safety Has inflicted or is inflicting FH on PAR Will inflict or again inflict FH on PAR Welfare of children Hardship (family car, EFTPOS card, disabled children)
Also previous interactions with police Mental Illness Alcohol or drug abuse propensity for violence FH history Parenting Orders Protection Orders
When does a PSO come in to effect?
Immediately after they have been served
When considerating the duration of a PSO where should you start at?
Should start with a 24hr duration and then factor in other relevant considerations ie weekends and how long it will take the family to arrange support services
What is the max time you can issue a PSO for?
10 days
However PSOs issued for longer than 5 days are only used for situations where;
- likelihood of serious harm occurring
- PO or Property Order being sought
- Victim is being relocated
What other orders can someone applying for a PO apply for?
Occupancy
Furniture
Tenancy
Ancillary furniture
You can issues a PSO to a 16 or 17 year old in SPECIAL CIRCUMSTANCES what are these circumstances?
YPs behaviour has reached a point where there is no alternative
RGTB necessary to make PAR safe
AND
Total level of concern is HIGH (SAVRE and DYNAMIC)
AND
approved from a Snr Sgt or aboe
AND
authorising Snr Sgt has consulted with OT
How long can you detain someone to serve a PSO and when does that time start?
Can detain them for 2 hours and this time starts from when you have decided to issue a PSO and seek authority to issue it
If you decide to issue a PSO and the bound person refuses to remain a the place where they are detained what can you do?
Arrest them (fine not exceeding $500)
If you decide to issue a PSO and detain the person for 2 hours, but cant get it authorised and served within that 2 hours what MUST you do?
MUST release the detained person you then have 48hrs to issue and serve the PSO.
48hrs starts from when the PSO was authorised by sgt or qualified constable
If you cant serve it within 48hrs it will expire
Serving a PSO is just one way to reduce risk of FH, what other steps can you put in place to further reduce FH?
refer to specialist service ie Refuge temporary play to stay advocacy working phone cell phone coverage
If someone breaches a PSO how long do you have to locate them?
1 month from date of breach NOT when breach was reported.
You can apply to the Court to issue a WTA to give you power of entry but if person not located at end of 1 month MUST apply to the Court to get the warrant withdrawn
If issuing a PSO and their is a belief that the bound person may still be in possession or access to Firearms what should you consider?
Invoking s18 SAS - warrant less search for FAs
**if you do invoke s18 you MUST send a report to the Commissioner within 3 days **
If you are completing a FH report when should you have it completed by?
The end of your shift
Follow up 3C for a issue of a PSO. When should these be done
Ideally within 24-48 hours after order being served to check for any breaches and to ensure the PAR understands what constitutes a breach
**SHOULD also re-visit to the BOUND person if considered high risk **to make sure the BOUND Person understands the NATURE, DURATION and EFFECTS of the PSO especially important if they were DRUNK
If someone breaches a PSO how long can you hold htem?
Can arrest and take into custody
MUST bring before Court within 24hrs
If this is not possible MUST SUMMONS
If they fail to appear on the summons can be arrested and bought before court
What are the Courts powers for a breach of PSO?
Continue with existing order for its duration
Direct another order be served
Can order a new PSO if it has expired
Adjourn Court to consider a Temp PO
If Court directs another PSO to be served, you can detain the person in custody for 2 hours to do this under s52
new order should be recorded in On Duty or 0800 number
If a Court directs that a bound person who is appearing on a complaint of breach of PSO is issued a new PSO who must advise the person at risk?
The Prosecutors MUST advise the person at risk of the court decision and any subsequent action.
The if person at risk is NOT AT court
Of the person at risk is not at Court for a Breach of PSO and a new PSO is issued who and how is the PAR contacted?
If the PAR is not at court
make THREE attempts by phone WITHIN ONE HOUR
send a local unit to do a 4Q
Update NIA to record and reflect action
It is the DISTRICTS responsibility to do this
Before issuing a PSO to a 16 or 17yo what other action should be taken?
Issuing a PSO to a 16 or 17yo is a last resort
Identifiable offences arrest s214
Identifiable offences youth aid referral
No identifiable offences involve family in ID-ing alternative actions
What are SPECIAL CIRCUMSTANCES when it comes to issuing a PSO against a 16 or 17 year old?
-A PSO may only be issued against a child aged 16 or 17 years where there are special circumstances.
–child’s behaviour has reached a point where there is little room for alternatives.
- 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 On Duty is High, AND
- Approval from a Senior Sergeant or above has been obtained, AND
- The authorising Senior Sergeant has consulted with OT
What should you do when issuing a PO?
Complete a quality FH investigation
If issuing to 16/17yo follow guidance from SS and OT
Record yr decision making with OT
Record justification for duration
Ensure bound person at PAR understand implications
Update NIA
What MUST you take into account re duration when issuing a PSO?
You MUST take into account these matters listed in s29 of the Act:
• whether it is likely that the person posing risk:
− has inflicted, or is inflicting family violence against the person at risk, and/or any other person with whom the person posing risk has a family relationship
− will inflict or again inflict family violence against the person at risk
• the welfare of any children residing with the person at risk
• the hardship that may be caused if the order is issued, and
• any other matter that may be considered relevant.
What MUST Police explain and to who when issueing a PSO?
MUST explain the purpose, duration and requirements to BOTH the bound person and the PAR
Can you DETAIN a 16 or 17yo to issue a PSO? And does this trigger 214 and a report to the commissioner?
Yes you can detain a 16/17yo for 2 hours to serve a PSO
BOR still apply as you are detaining them
But s214 does not apply as it is not an arrest
No report to commissioner
If a CYP 16 or 17yo who is being detained for service of a PSO, can you arrest them?
YES there is a power of arrest for a 16 /17 yo.
s214 OT will apply
Dealt with in the Youth Court
What happens if a 16 or 17yo breachs a PSO?
Bound child can be taken into custody
PSO remains in existence until it ex pries
Complaint of breach is heard in the DISTRICT COURT
If no Court within 24hrs can be summonsed
If you BORG the child has refused or failed to comply with a PSO you MAY take them into custody
NO s214 for breach of PSO
There is discretion to take a child into custody the Act uses the word MAY
s214 is not triggered by this but good practice to comply with s214 - prevent further offending and issuing a summons would likely not achieve this
When would Police serve a Protection Order as opposed to Court staff?
Police MUST serve a PO if the respondent:
- holds a FAL
- believed to be in possession or access to a fire arm
- Service is assessed to be a significant risk
- PO is granted without notice
All other POs are served by Court Staff
How long does someone have to surrender their FAL and Firearms after a PO has been served?
MUST surrender any weapons in their POSSESSION or under their CONTROL
As soon as practical after PO is served and withing 24hours or
on demand at anytime made by a constable
FAL is deemed to be suspended until PO becomes final when it is revoked
If you serve a PO what MUST you do?
The police officer who serves a protection order must:
• without delay, give notice to the OC station nearest to where the copy of the order was served
• ensure that the victim is contacted and informed that service has occurred
• document this victim contact in the victims node in NIA
• forward notice of service back to the Family Court, either hard copy or electronically
• maintain national recording standards. Note: this is critical to ensure that all staff responding to calls for service in the future have reliable, accurate, relevant and updated information to act on
• ensure the protection order (including a copy of the protected person’s affidavit if provided for service on the respondent) is deleted from the Police file record once served. Any court document (not owned by Police) that was provided to Police for service must not be retained in order to comply with the Privacy Act 1993.
When the court is considering bailing a FH offender, what are the 5 things the MUST consider?
S8(1) Bail Act - failure to appear, interfer with wits, offend while on bail
S8(2) Bail Act - nature of evi, strenght of evi, seriousness of punishment, characture and past conduct etc
Victims safety
Victims families safety
Any safety plans in place
If you suspect that yr co worker is either a person posing risk or person at risk of FH what should you do?
You are encouraged to report this confidentially to your supervisor or a welfare officer so that a discrete and confidential approach can be made and support provided
If you serve a protection order on a police employee what are you. REQUIRED to do?
You are required to semd a copy of it to the employers district commander or national manager.
If an employee is served with a protection order they MUST IMMEDIATELY report the fact in WRITING to their superviser who MUST inform HR manager and Prof Conduct Manager…code of conduct will apply
When Police are considering ASSISTING an employee to apply to the court for a viration in the standard PROTECTION ORDER conditions, they will make their own enquiries - what will they consider?
Nature Duration Type of family harm disclosed Any offence history Employees role Views of the protected person
A domestic relationship includes intimate partners, family members, flat mates and ppl in a close personal relationship. How do you define a close personal relationship?
Nature and intensite of relationship
Smount of time spent together
How and where that time is spent
Can pso all 4 types of domestic relationships but only need a FH report for intimate partners and family members
When should you consider a PSO?
When the investigation fails to ID an offence AND the constable consdiers a cooling down period would be beneficial
What are the IMMEDIATE effects of a PSO?
- Surrender any weapon in their control or any FAL
- Vacate any land or building occupied by a person at risk
- Provide a cooling down period
- Give PAR space to seek support and/or temp PO
- Give time for bound person to seek support and assistance
If you issue a PSO and a parenting order is in effect, what should you do?
You should inform the Family Harm Coordinator.
The parenting order is suspended for the duration of the PSO but the bound person may have a parenting order against the protected person for child safety reasons and you may have put the children in danger
When considering the duration of a PSO you should be starting at 24 hours and then factoring in other considerations…If you are considering issuing a PSO for LONGER THAN 5 DAYS what things should you be considering?
- Likelihood of SERIOUS harm
- Protection or Property ORDERS being sought
- Victim relocation is being sought
If someone is making an application for a Protection Order, what other orders can they apply for?
- Occupancy order
- tenancy order
- furniture order
- ancillary furniture order
If a BOUND person breaches a PSO and are avoiding police what can you do?
- You can apply to the Court for a WTA
- Gives power of entry if you RGTB that the bound person is inside an address
- Must apply to the Court to have the WTA withdrawn if the bound person is NOT located within ONE MONTH Of BREACH
Whats the difference between a charge and a complaint? ie Breach of PSO
A complaint
- sworn in court in constables name
- cannot be filed electronically
If a person appears in Court for a complaint of breach of PSO, whose responsibility is it for informing the victim of PSO the outcome of COurt?
- Prosecutors-
- Officer of the Court
- Constable
Must make 3 attempts by Phone
Then send Police care
Record in NIA
If you DETAIN a C/YP for 2 hours to serve a PSO do you need to notify the commissioner?
No - this does not trigger 214 ‘power of arrest without warrant’ so do not need to do a notification to the Commissioner
If a C/YP refuses to stay and be served with a PSO they can be dealt with in the Youth Court
If a BREACH of PSO occurs by a C/YP it is dealt with in the DISTRICT COURT
