All Combined Flashcards
Section 39, OT Act 1989 relates to the place of safety warrant. Who can issue them and under what circumstances?
Any DC Judge if available or issuing officer can if satisfied that there are reasonable grounds to suspect the child or yp is suffering or likely to suffer ill treatment, neglect, deprivation, abuse or harm.
Section 39, OT Act 1989 relates to the issuing or a place of safety warrant where there is a belief that a child or yp has or is likely to suffer, ill treatment, serious neglect, abuse, serious deprivation or serious harm. When executing the warrant what may you do?
- Enter and search by force if necessary any dwelling, building, aircraft, ship, carriage, vehicle, premises or place
- If belief on reasonable grounds that the child or yp has or is likely to suffer ill treatment, serious neglect, abuse, serious deprivation, or serious harm;
(i) remove or detain by force if necessary the child or yp and place them into care of the chief executive or
(ii) If the child is in hospital, direct the Medical Superintendent to keep them in hospital
Section 42, OT Act - Emergency Search Power allows you to do what?
Where there is a belief on reasonable grounds that it is critically necessary to protect a child or YP from injury or death, may without a warrant;
(i) Enter and search, by force if necessary, any dwelling house, building, aircraft, ship, carriage, vehicle, premises or place;
(ii) Remove or detain, by force if necessary, the child or YP and place them in the care of the Chief Executive
Section 42 - OT Act 1989 - Emergency Search Power.
When executing this power how many days do you have to report the matter and to whom?
Within 3 days after the day on which the power is exercised a written report to the Police Commissioner advising of the power executed and circumstances.
Section 48 - Unaccompanied Child or YP - Allows you to do what?
Where a child or YP is found unaccompanied by a parent, guardian or usual care giver in a situation where the child or YP’s mental health is or is likely to be impaired may, using reasonable force if necessary, take the child or YP and:
(a) deliver the child or yp to the parent, guardian or other care giver if they consent or
(b) If -
(i) The child or YP does not wish to be returned to their parent, guardian or care giver or
(ii) No parent, guardian other person is willing to have custody of the child or YP -
place the child or YP in the care of the chief executive.
What is the difference between Section 39, OT Act 1989 - Place of Safety Warrants and Section 42, OT Act 1989 - Search without Warrant, OT Act 1989?
Section 39 relates to a warrant to remove or detain a child or YP where they have or are likely to suffer ill-treatment, serious neglect, abuse, serious deprivation or serious harm. Section 42 is an emergency search power without warrant where there are reasonable grounds to believe it is critically necessary to protect a child or YP from injury or death. Section 39 should be used if actions can be delayed.
What is the age of a child and young person?
Child - 13yrs and under
Young Person - 14yrs - 17yrs
Section 208 - Principles - Section (2)(a) princples to consider when charging?
(2)(a) unless the public interest requires otherwise, criminal proceedings should not be instituted against the child or YP if there is an alternative mean
Section 208(2)(b) - Principles to consider when charging a child or YP?
208(2)(b) - no criminal proceedings should be instituted to provide any assistance or services needed to advance the wellbeing of the child, young person or their family/whanau etc.
Section 208(2)(c) - Principles to consider when charging a child or YP?
208(2)(c) - any measures for dealing with offending by child or YP should be designed to:
(i) strengthen the family/whanau of the child or YP and
(ii) foster the ability of the family/whanau to develop their own means of dealing with offending by the child and YP
Section 208(2)(e) - Principles to consider when charging a child or YP?
208(2)(e) - a child or YP age is a mitigating factor in determining -
(i) whether or not to impose sanctions in respect of offending by the child or YP and
(ii) the nature of any such sanction’s
Section 214 - Arrest child or YP without warrant.
Any enforcement officer has power of arrest without warrant. This power should not be used unless the officer is satisfied on reasonable grounds that?
(a) that it is necessary to arrest the child or YP without warrant for the purpose of -
(i) ensuring court appearance
(ii) prevent further offending
(iii) prevent loss or destruction of evidence or interference with any witness
(b) where a summons would not achieve that purpose.
Section 214(2) - Arrest child or YP without warrant relates to other circumstances where an officer may arrest a child without warrant. What are the circumstances of this?
- The child or YP has committed a category 3 or 4 occence where the penalty includes a sentence of life or 14yrs and
- It is in the publics interest
Any officer who arrests a child or YP must submit a written report to the commissioner. How many days do you have to submit the written report?
Within 3 days of making the arrest and the report must state the reason for the arrest.
Section 214A, OT Act 1989 - Arrest of Child or YP breaching bail. When may you arrest the child or YP for breaching bail?
(a) where the child or YP is on bail and
(b) the constable believes on reasonable grounds that -
(i) the child or YP has breached a condition of bail and
(ii) the child has breached that bail 2 or more times previously
Note:
Any arrest under this power must be approved by a Youth Aid sergeant or in their absence, a supervising Sergeant or above or qualified youth aid officer.
Section 215, OT Act 1989 - Child or YP to be BOR before being questioned.
When should you caution a child or YP?
(1) Every officer who has reasonable grounds to suspect the child or YP of committing an offence or before asking any question intended to obtain an admission must explain -
(a) if the officer has the power to arrest the child or YP, they may be arrested if they refuse to provide their name and address, they cannot be served with a summons and
(b) that the child or YP is not obliged to accompany the officer for the purpose of questioning and if they consent to doing so, may withdraw consent at any time; and
(c) the child or YP is not obliged to give any statement; and
(d) that if the child or YP consents to giving a statement, they may withdraw consent at any time; and
(e) that any statement may be used in evidence in proceedings; and
(f) the child or YP is entitled to consult with and make the statement in the presence of a lawyer nominated by them
Who may a child or YP nominate as a support person?
- Parent or guardian
- Adult family or whanau member
- Any other adult nominated by the child or YP
- If the child fails or refuses to nominate a person, any adult nominated by the Officer (No Police)
When can a Officer refuse to allow a child or YP to consult with a person they nominate?
- If the Officer believes the person would attempt to pervert the course of justice or
- The person cannot with reasonable diligence be located or is not available within a reasonable time
Section 229 - Notifying parents or guardians of Child or YP of their arrest or questioning.
When must you advise the parents or guardians of the Child or YP of their arrest and/or questioning?
As soon as practicable after the child or YP is taken to an enforcement agency office for their arrest and/or questioning.
Note:
If the child or YP nominates an adult who is not their parent or guardian to support them, the officer must still inform the parent or guardian of the arrest/questioning.
Where a child or YP has been arrested to satisfy “WEEP” (214 OT Act 1989) or for breaching bail, when must you place them in the care of the chief executive?
As soon as practicable and no later than 24hrs after arrest
Section 236, OT Act 1989 - Young Person who is arrested maybe detained in Police Custody under a Joint Certificate.
This section allows a Officer to detain a YP in Police Custody if they are satisfied on reasonable grounds that - The YP is likely to abscond, be violent AND suitable facilities are unavailable.
How long can they be detained for and how long do you have to submit a written report?
If a Joint Certificate is issued they Child or YP maybe detained for a period exceeding 24hrs, until Court Appearance.
If a joint certificate is issued the officer must within 5 days after the day of issue submit:
- a copy of the certificate
- a report of the circumstances and the period of time which the YP has been detained for or likely to be detained in Police Custody
What is the time limit when obtaining a DVD recorded Victim statement involved in a FV occurrence?
Recording must be made bt a Police Employee and no later than two weeks after the alleged FV episode.
Where there is evidence of a FV offence or breach of protection order, an arrest should be made. Where other actions are considered what should you do?
Where other actions are contemplated, you must consult your supervisor before proceeding. It is advisable to contact the family harm coordinator/specialist who may have relevant information known through multi agency tables.
When a protection order or related property order has been breached and there is sufficient evidence to prove a charge what must you do?
- charge the offender
- not release the offender on Police bail for 24hrs unless there is a court hearing earlier than this where bail is granted. The offender is not bailable as of right under Section 7(2), Bail Act 2000
Who can issue an Police Safety Order? And what is the maximum time they can be issued for?
A qualified constable or a constable authorised by a qualified constable. A qualified constable is a sergeant or above, appointed under Section 63, Policing Act 2008. PSO’s can be issued for up to 10 days.
What are the immediate effects of PSO’s?
- Surrender any weapon or firearms licence
- Vacate any land/building occupied by the person at risk, regardless of legal interest
- Provide a cooling down period where the person at risk has space and time to seek assistance including applying for court orders
When is a bound person of a PSO authorised to contact the person at risk?
- If it is reasonably necessary in an emergency
- If it is permitted under a protection order
- If attending a family group conference
- If necessary to attend a court proceeding such as restorative justice
If a parenting order is in place where a PSO has been issued, can the bound person continue with conditions prescribed by the parenting order?
No, the PSO over rules the parenting order for the duration of the PSO.
Who can isssue a PSO and under what circumstances would a PSO be issued?
A qualified constable or constable authorised by a qualified constable may issue a PSO against a person who has been in a family relationship with another person, if there is reasonable grounds to believe that the PSO is necessary to keep the person at risk safe from family violence.
You should consider:
- whether the person posing risk has, will or is likely to inflict further family violence
- the welfare of any children residing with the person at risk
- the hardship that may be caused if the order is issued
- any other matter that maybe relevant
When can a PSO not be issued where there has been a family harm event?
- Where the person posing the risk is to be charged with family harm related offences. Bail conditions will serve the purpose of a PSO.
- A PSO cannot be issued on a child under 16yrs
When issuing a PSO you should always consider any financial hardship that maybe cause. What things should you consider?
- Who has the family car
- Who is in charge of family finances such as bank cards
- Whether the bound person has finances to find alternative transport and accommodation
- children that may require intensive care
PSO’s issued longer than 5 days are only used where there is a likelihood of serious harm occurring. In what situations would you seek a PSO longer than 5 days?
Where a protection/property order is being sought or where a victim relocation is being sought.
How long can someone be detained for the purpose of serving a PSO and what powers do Police have if the refuse to remain?
- 2hrs from the time the constable decides a PSO is necessary
- $500 fine and maybe arrested without warrant
When arranging support for a person at risk of a PSO what support should a officer provide?
The officer should contact a family violence support agency as part of the frontline safety plan while at the scene.
Any court decisions relating to issuing of PSO’s etc. must be reported to the person at risk if they were not present during proceedings. What three steps should you take in an attempt to contact the person at risk?
- 3 phones calls within one hour
- send a unit to do a 4q
- update NIA records of actions taken
There are 4 requirements for a PSO to be issued on a 16 or 17 year old. What are they?
- Reasonable grounds to believe it is necessary to help make the person at risk safe from serious family violence
- The ‘total level of concern’ score in OnDuty is high
- Approval from a Snr Sgt or above
- The authorising Snr Sgt has consulted with Oranga Tamariki
In most cases a protection order should be served by court staff. There are 3 scenarios where Police will serve them, what are they?
- The respondent has a firearms licence or possesses a firearm
- Service is a risk to the server
- The protection order is issued without notice
Section 9 , Family Violence Act 2018 - Violence means all or any of the following?
- physical abuse
- sexual abuse
- psychological abuse
Section 40, Arms Act 1983
What details can Police obtain from a person in possession of a firearm, airgun etc.?
Any person in possession of a firearm, airgun, pistol, or restricted weapon shall give their;
-full name
-address
-dob
To any person in Police uniform or produces Police ID.
Section 66, Arms Act 1983 -
Where a firearm, restricted weapon or explosive is found on any land or in any building or vehicle. Who is deemed to possess that weapon?
-The occupier of that building, land or vehicle is deemed to be in possession of that weapon unless he proves thay it was not his property and that it was in the possession of some other person.
Who can be deployed with Firearms?
Certified level 1 responders only
When can Officers Carry firearms?
- When their PCA of a situation is in or likely to escalate to be within death/GBH
- On duty members of AOS, STG or Protection Services authorised by supervisors
- Airport Officers working at ‘security designated’ Airports
- To destroy animals
- For training purposes
You attend a job and decide to ‘arm up’ with a firearm. What are your responsibilities when deciding to deploy with firearms?
- Advise their immediate supervisor and comms of their decision to arm up as soon as possible
- deploy with a taser where one is available
Police use of force powers come from the Crimes Act 1961. What powers authorise Police to use firearms?
- Section 48 - Self defence or defence of another
- Section 39 - Execute arrest where there is a belief that the arrest cannot be achieved in a less than violent manner, fearing death or GBH
- Destroy animals
In what cases must a police officer submit a TOR in relation to the use of firearms?
- Presentation
- Unintentionally Discharge
- Discharging (excluding trainingsh)
- Destroying animals
Who must submit a TOR where a discharging of a firearm results in death or injury?
The report must be submitted by a supervisor (not the person who used force)
When a taser has been shown or used when must you notify your supervisor?
Whenever a taser has been shown or used, the operator must advise their supervisor as soon as practicable. In rural areas the nearest on duty supervisor must be notified.
A coroners overreaching purpose is to help prevent avoidable deaths. To achieve this the coroner will evaluate evidence and determine what 6 things?
- That a person has died
- Persons ID
- When and where the person died
- Cause of death
- Circumstances of death
- Comments or recommendations to reduce chance of death reoccurring in similar circumstances
What deaths must be reported to the coroner?
- Cause of death unknown
- Suicide or unnatural or violent cause
- Deaths occurring or the result of medical procedure or medically unexpected
- Death resulting from child birth or a result of being pregnant
- Death in custody or care
- Not signed off by Dr
When must a Police officer report a death under section 14 report it to the coroner?
The death must be reported to the coroner immediately via National Initial Investigation Office (NIIO)
Who can verify the death of a person?
- Registered medical practitioner
- Nurse (Practitioner or Registered)
- Registered midwife
- Intensive care paramedic
- Paramedic
- Emergency medical technician
Section 7 - Victims Rights Act 2002
Treatment?
Any person who deals with a victim should-
(a) treat the victim with courtesy and compassion and
(b) respect the victims dignity and privacy
Section 8 - Victims Rights Act 2002
Access to services
A victim or member of a victims family who has welfare, health, counselling, medical or legal needs arising from the offence should have access to services that are responsive to those needs
Section 17AB - Victims Rights Act 2002
What is the purpose of a Victim Impact Statement?
To;
- enable the victim to provide information to the court about the effects of offending and
- assist the court in understanding the victims views about the offending and
- inform the offender about the impact of offending, from the victims perspective
Victim Impact Statements - To be the words of the Victim….
The VIS needs to be the victims, written in ‘victim speak’. It should not repeat the evidence or contain police jargon.
When are VIS required for court appearances?
It is good practice to have one at first appearance however is not always possible. It is mandatory for a VIS to be provided at second appearance.
In the event of an unplanned entry into a clan lab, what should you do?
- immediately remove persons
- isolate the site and maintain safety perimeter
- preserve crime scene
- notify duty inspector, duty nco, contact NCLRT (clan lab) and also fire and ambos
- seek advice from NCLRT and FENZ about decontamination procedures
- all occupants and staff who’ve entered to premises are to remain separated until decontamination completed
The aim is to rapidly convert an unplanned entry into a planned response and investigation with appropriate structure and procedures
-seek medical advice if experience adverse effects
Section 19, Search and Surveillance Act 2012 - Search of person in place or vehicle where a search warrant is being executed for a MODA 1975 offence
A constable may search any person in a place or vehicle where a search warrant has been issued in relation to MODA 1975 offences
Section 20 - Search and Surveillance Act 2012
A constable may enter and search any place or vehicle without warrant if he has RTGB that it is not practical to obtain a warrant and that in or on thay place or vehicle there is;
- Controlled drugs and
- RGTS that in or on that place or vehicle an offence against MODA 1975 is being or about the be committed and
- Believe that any delay will result in CADD (conceal, alter, destroy, damage)
Section 21 - Search and Surveillance 2012
Search of people found in or on any place or vehicle being searched under Section 20, Search and Surveillance Act 2012
A constable may search any person found in or on any place or vehicle being searched under Section 20, Search and Surveillance Act 2012
Section 124, Search and Surveillance Act 2012
Internal searches generally prohibited
Unless authorised by another enactment, an enforcement officer must not conduct an internal search of any person except for a persons mouth, if they consent
A person is stopped driving a vehicle behaving suspicious. His eyes are glazed and he is very fidgety. You suspect he is under the influence of drugs, can you conduct and emergency search (S20, S & S 2012)?
No, the High Court has ruled that although evidence of behavior and demeanor may provide grounds for suspicion, it does not provide Police with reasonable grounds for belief under the Act. (Collins v Police)
The problem in this instance were that the symptoms maybe a result of lawful consumption of drugs and nervousness is often experienced by innocent people stopped by Police
Section 41, Mental Health Act 1992
Assisting a DAO.
When assisting a DAO, a Constable may enter a premises under Section 41(3), Mental Health Act 1992.
How long can you detain the patient for ?
- 6 hours and
- The time it takes to conduct the medical examination
Section 109, Mental Health Act 1992
Under this section Police may apprehend a person displaying mental health issues in a public place.
What may a Constable do with the person once detained?
If the Constable believes on reasonable grounds the person maybe mentally disordered and that it would be in the interest of that person -
(a) take that person to a Police station, hospital, surgery or to some other appropriate place, and
(b) arrange for a medical practitioner to examine the person at that place ASAP
Section 109(4), Mental Health Act 1992
Continuation of detention for person requiring further examination.
If a medical practitioner having examined a person believes the person requires a further assessment urgently, what may a Constable do?
- Continue to detain the person at the place where the examination is being conducted
Or - Take the person to some other placed nominated by the Practitioner for the purpose of the assessment and detain the person at the other place until the assessment is conducted
What is Police role under the Mental Health (CAT) Act, 1992 ?
The responsibility for providing services under the Mental Health (CAT) Act, 1992 rests primarily with Mental Health Services but Police provide assistance where legislation provides for Police intervention.
What are the key words of a mental disorder to consider when dealing with a person believed to have a mental disorder ?
Poses a serious danger and seriously diminished capacity to look after themselves.
What is the maximum you may detain a person for an initial DAO assessment?
-6 hrs unless ordered by the DAO for a further assessment.
Do Police have the power to enter private property to detain a person with a mental health disorder?
No, Police have no power to enter onto private property unless asked to do so by a DAO or medical practitioner.
Section 8, Search and Surveillance Act 2012
Power to enter to effect arrest
Police may enter and search for a person if you suspect the person has committed and offence punishable by imprisonment, and you believe the person will leave or avoide arrest and/or CADD evidence, unless you arrest them immediately.