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Study Cards Exam 25 > C1 CYP&F + FH > Flashcards

C1 CYP&F + FH Flashcards

1
Q

When can you use Section 48?

A

When a child or young person is found unaccompanied by a parent or guardian or other person who usually has care of them in a situation where their physical or mental health is being, or likely to be, impaired.

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2
Q

What can you do under S48?

A

Using such force as necessary you can deliver them to their parent or guardian with their consent.

If the C/YP doesn’t consent or guardian won’t have them then place them in the custody of OT by delivering them there.

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3
Q

Once placed in the custody of OT under S48 what happens?

A
  • They remain until the C/YP is willing to go back to parent or guardian, or
  • A Court application is made for a Care and Protection Order, or
  • Where there are care and protection concerns until the expiry of 5 days after they went into custody or in any other case 3 days.
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4
Q

What is a child?

A

13 and down

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5
Q

What is a young person

A

14 - 17

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6
Q

What are the 4 primary principles guiding Youth Justice in OT Legislation, outlined in S4A(2)

A

(a)
the well-being and best interests of the child or young person; and
(b)
the public interest (which includes public safety); and
(c)
the interests of any victim; and
(d)
the accountability of the child or young person for their behaviour.

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7
Q

Section 208 Youth Justice Principles

A
  • Criminal proceedings are an absolute last resort if alternative resolutions are available, unless in public interest
  • Criminal proceedings should never be used as a means of providing support to the C/YP or their family.
  • Any measures for dealing with youth offending should be designed to strengthen and empower the C/YP’s family
  • Any CYP that has committed/alleged to have committed an offence should be kept in the community as much as possible as long as the public are safe
  • A C/YP’s age is a mitigating factor in determining sanctions and the nature of sanctions
  • Any sanctions must take a form that is most likely to maintain and promote the development of the C/YP within their family and be the least restrictive possible
  • Any measures for dealing with offending should address the underlying causes of the offending
  • Consideration should be given to the interests and views of victims
  • C/YP’s are vulnerable so they have special protections during the investigation of potential offending.
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8
Q

What are the four criteria under Section 214 where you can arrest a C/YP?

A
  • Prevent further offending
  • Ensure attendance before the Court
  • Prevent CADD of evidence
  • 14yr plus offence and in the public interest
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9
Q

What must you do if you arrest a C/YP?

A
  • Written report to Commissioner within 3 days of the arrest (Youth notification), must state grounds for meeting 214
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10
Q

What is S214A?

A

Can arrest C/YP for BOB if they’re in breach, or have recently been in breach, and have been warned 2 or more times previously. Resets at each Court appearance

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11
Q

Who should you consult prior to making an arrest under S214A?

A

YAS Sgt or Supervising Sgt if not available

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12
Q

What is the minimum recording standard for S214A breaches?

A

6D occurrence for initial breach, alerts in the initial 6D for ongoing breaches

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13
Q

What is S215

A

C/YP must be informed of Youth Rights prior to questioning if suspect an offence or when you form a view that they may have committed an offence.

Can warn of arrest if fail to provide details for the purpose of a summons

C/YP does not have to accompany for for the purpose of questioning

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14
Q

What is S234

A

Once C/YP is arrested may

  • Release without charge
  • Bail
  • Deliver the C/YP into custody of parent/guardian, any other person/organisation approved by OT for that purpose (Need C/YP consent)
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15
Q

What is S235?

A

If arrested and held in custody C/YP must be transferred to OT custody within 24hrs.

Must believe that one of the below apply
- Not likely to appear
- Likely to commit further offences
- Prevent CADD or witness interference
- Arrested under S214A and likely to continue to breach

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16
Q

What is S236?

A

If a young person is likely to abscond or be violent and OT facilities are not available then S/Sgt or above may sign joint certificate to hold YP in Police Custody longer than 24hrs, until next appearance at Court. (Written report to Commissioner within 5 days required)

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17
Q

What is S238?

A

When a C/YP appears before the Court for offending the Court will decide on bail and custody arrangements. Victims views must be taken into account if S29 VRA and Police must inform the victim of the Court decision

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18
Q

Can you detain a C/YP at a Police Station under S48?

A

No, can use it as an intermediary step to get them home but its about care and protection. Don’t go through cells, don’t question about shit. Ascertain if they want to go home or to a social worker.

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19
Q

What should you do if youth offending is discovered but S214 is not met?

A

Youth File, forward to YAS for their follow up and possible FGC.

20
Q

Can a C/YP be released on a summons?

A

Nope

21
Q

What should you do when choosing bail conditions for a C/YP?

A
  • Discuss with person who has care of the C/YP
  • Must be within 7 days of Court
  • Conditions must have a clear and reasonable link to the offending
22
Q

Who should you consult when considering opposing bail for a C/YP?

A

YAS Officer if possible

23
Q

What obligations are there when placing a C/YP in OT custody?

A
  • Deliver them to OT
  • Give details to social worker in writing (POL 235)
  • The date/time/place of the C/YP’s next Court appearance
24
Q

Can a S236 cert be issued for a child?

A

Nope, young person only. Child cannot be in Police custody over 24hrs

25
Q

When can you bail for BOPO?

A

After 24hrs you MAY bail

26
Q

For FH what is the predominant consideration when deciding to grant bail or not?

A

The need to protect the victim and their family

27
Q

Who can authorise Police bail for FH offenders?

A

Sgt or above

28
Q

What should the Police response to Police employee FH jobs entail?

A
  • Normal Police response
  • Plus welfare for both parties
29
Q

Ideally who should respond to cases involving partners of Police employees as FH victims?

A

Family Harm Coordinators/Family Harm Specialists

30
Q

As a supervisor what must you do for an employee engaged in FH occurrence with no offences disclosed?

A

Create safety plan based on risk factors, contact wellness advisor to make contact ASAP

31
Q

As a supervisor what must you do for an employee engaged in FH occurrence with an arrest or charge?

A
  • Treat as a member of the public
  • Immediately inform shift supervisor who will pass to PPC and DLT. Code of Conduct will apply.
  • Welfare offered through EAP to victim and, if appropriate, offender
  • Employee Practice Manager will consider suitability to continue in current role
32
Q

If you serve a Protection Order on a Police employee what must you do?

A

Send a copy to the District Commander

33
Q

If a Protection Order is served on you what must you do?

A

Report in writing to supervisor who will inform PPC and HR. If you do not this will be an aggravating factor in the Code of Conduct.

34
Q

If you have Protection Order issued can you carry your appts/firearms?

A

Hells no, not unless you get the standard conditions amended at Court. Police may assist with this in extremely rare cases

35
Q

What happens to a parenting order if a PSO is issued?

A

The parenting order is suspended

36
Q

Can a PSO be issued to a youth?

A

Yes, 16 and above and in special circumstances.

37
Q

If someone refuses to remain for service of PSO what can you do?

A

Arrest for refusing to remain. Is the only actual charge.

37
Q

Can a PSO be issued where there is a Protection Order?

A

Yes. If you can’t get evidence of PO breach it takes the pressure off the victim as they cannot consent to the offender being at the address/contacting

38
Q

How long do you have to serve a PSO on someone?

A

48hrs from the time the PSO was authorised

39
Q

If issued a PSO the bound person must surrender firearms license/firearms immediately. What do you do if you believe they may be withholding them?

A

S18 S&S warrantless search for firearms (report within 3 days required)

40
Q

If someone is arrested for breach of PSO how long can you hold them for?

A

24hrs then must be summonsed

41
Q

How long do you have to locate someone for breach of PSO?

A

One month from the breach. You can also apply for a WTA for breach of PSO to give you a power of entry. If not located within a month you must seek leave from the Court to have the warrant withdrawn.

42
Q

What can a Court do for a Breach of PSO?

A
  • Continue with duration of original PSO
  • Direct that another order up to 10 days be issued
  • Adjourn to District Court to consider temp PO
43
Q

What criteria need to be satisfied to issue a PSO to a 16 - 17yo?

A

They are a last resort

  • Necessary to prevent serious violence and
  • Total level of concern is HIGH and
  • Approved by S/Sgt or above and
  • Authorising S/Sgt has consulted with OT

PSO should be for minimum possible time required

44
Q

Does S214 apply to arrest a 16 - 17yo for breach of PSO?

A

No, technically not an arrest. You’re “taking them into custody”

Study Cards Exam 25 (4 decks)

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