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2022 > 2. Family Harm > Flashcards

2. Family Harm Flashcards

1
Q

Principles that guide Police practice Family Harm:

SACCEW

A

-Safety
-Accountability
-Culturally Appropriate
-Collecting risk information
-Early Intervention
-Working collaboratively

SACCEW

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2
Q

Principles for interviewing victims, witnesses and suspects:

A
  • Interview early
  • Interview must be made within 2 weeks
  • Child interviews to be done by child witness interviewer (doesn’t include prelim interview during initial attendance)
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3
Q

Primary considerations for Police bail for FV:

A
  • Safety of victim
  • Linking victim with support services
  • Cooling off period for offender
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4
Q

Who can authorise releasing FV offender on Police bail?

A

Sergeant or above

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5
Q

OTB considerations for FV offending:

A

Must fit within Section 8 of the Bail Act which includes risk to victim and family

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6
Q

When can you grant bail for FV offending and what must those conditions be?

A
  • Must be specific and relevant to defendants risks and offending
  • If it is a PO breach, must not be released for 24 hours (unless to attend court)
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7
Q

Solicitor Generals prosecution guidelines:

A
  • Evidence is sufficient to provide reasonable prospect of conviction
  • Prosecution is in the public interest
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8
Q

When is contact allowed during a PSO or PO?

A
  • Reasonably necessary in an emergency
  • Permitted under special conditions of Protection Order
  • Necessary to attend FGC
  • Necessary to attend court
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9
Q

When can a PSO be issued and who can issue?

A

RGB it is necessary to protect victim and family.

Issued by qualified Constable (Sergeant or above)

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10
Q

When can a PSO NOT be issued?

A
  • To children (can be served to 16-17 year old under special circumstances)
  • When the defendant is charged with a FV offence. Instead of PSO, bail conditions should be sought instead
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11
Q

Can a PSO be served if a PO is already in place?

A

Yes.

  • Seek evidence of breach.
  • If evidence insufficient, PSO can be served.
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12
Q

Factors to consider when deciding to issue a PSO:

A
  • Concern for family
  • Family violence inflicted
  • Welfare of children
  • Hardship caused if PSO issued
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13
Q

How long can PSO be issued for? And things to consider with duration:

A

Start with 24 hours, up to 10 days.

  • Weekends
  • Public holidays
  • Ability to access to court (for PO)
  • How long it will take for the family to access appropriate support services
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14
Q

What powers does a Constable have when issuing PSO?

A
  • Detain for up to 2 hours to issue and serve
  • Remove the person from the home
  • Demand surrender of firearms
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15
Q

Penalty for failing to remain for PSO service:

A

-Liable on summary conviction fine of up to $500
-May be arrested without warrant

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16
Q

Process when someone breaches a PSO:

A

Is not an offence.

  • Person can be arrested without warrant
  • Must be brought before court within 24hours
  • Make a complaint to the court
17
Q

Process when someone absconds from Police after breaching PSO:

A
  • Capture breach on on-duty
  • One month to locate person and bring before court
  • May apply to court for WTA (will give power of entry)
18
Q

Powers of court when PSO is breached:

A
  • Continue with existing order
  • Direct that another order be issued
  • Adjourn proceedings so District Court can consider a temporary PO
19
Q

What is the only offence regarding PSO’s?

A

Section 32 (2) Failing to remain while a PSO is issued

20
Q

When would you issue a PSO to a 16 -17 year old?

A

If justified under special circumstances (Section 31)

Must be the last option

SAFVR and dynamic assessment must be HIGH

21
Q

Who can authorise serving a YP with a PSO? And what if the YP breaches it?

A

Senior Sergeant. They must also consult OT.

Section 214 does not apply if they breach, take into custody and bring before court.

22
Q

When are Police involved in serving a Protection Order?

A
  • The respondent holds a firearms licence
  • Is believed to be in possession of firearm
  • The service is assessed as being a significant risk to the server
  • PO is granted without notice
23
Q

What must Police ensure when serving a PO?

DR CISS

A
  • Demand surrender of firearms
  • Risk assessment
  • Contact Victim
  • Info sharing
  • Safe service
  • Staff safety
24
Q

Who can issue Protection Orders?

A

PO’s are a civil remedy.

Can be issued by Family or District Court.

PO’s issued by foreign courts may also be registered in NZ

25
Q

Standard Protection Order conditions:

A
  • Consent to contact and stopping contact
  • Variations to orders relating to property

Must not:

  • engage in behaviour that amounts to any form of FV
  • Make any unauthorised contact
  • Encourage any person to do above
26
Q

Examples of what is included in ‘behaviour that amounts to FV’ in relation to PO:

A
  • One or several acts that form a pattern of behaviour.
  • Coercion or controlling behaviour
  • Dowry related abuse
  • Mistreating a housepet
  • Harassing bahaviour
  • Loitering
  • Disrupting care
27
Q

Conditions relating to weapons (PO’s)

A
  • Must not have any weapons
  • Firearms licence suspended on application, revoked when final.
  • Surrender within 24 hours or on demand by Constable
28
Q

Core principles when serving protection orders?

S.A.W.I

A
  • Information gathering
  • Working collaboratively
  • Accountability
  • Safety
29
Q

Serving officers requirements (PO’s):

A
  • Tell O/C station
  • Inform victim
  • Update contact node
  • Forward to family court
  • Maintain national recording standards
  • Delete from Police file record once served
30
Q

Interpretation of ‘Family Violence’:

A

Violence inflicted:
Against any person AND
By any person in a family relationship

31
Q

Examples of ‘violence’:

A
  • Physical
  • Sexual
  • Psychological
  • Dowry
  • Pattern of behaviour that is:
  • Coercive or controlling
  • Causes or may cause cumulative harm
32
Q

Case Law learning from Elliot V Police (Protection Order Non Contact):

A

FACTS:
Applicant asked Elliot to leave.
Police arrested as he failed to leave, stated he was grabbing belongings.

OUTCOME:
Police had not allowed a reasonable amount of time as all his belongings were at the house, he had nowhere to go and he had not offered violence

33
Q

Case Law learning from Senior V Police (PO Harassment provision breach):

A

FACTS:
Senior wrote abuse about ex on FB. A mutual friend showed her.

OUTCOME:
There was a breach of PO.
Abuse was deliberate, potential for wide circulation and real risk of protected person reading it.

2022 (13 decks)

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