Chapter 1 Children, YOU G PERSONS AND THEIR FAMILIES (OT) AND FAMILY HARM Flashcards
What factors do we consider when issuing PSO?
A/D, V, FH, PO?, PSO?, S
- Previous interactions
- Alcohol/Drugs
- Violent
- FH history
- Parenting orders, PO, previous PSO’s
- multi-agency plans in place services/Agencies involved
HARDSHIPS
- Who has the car?
- Eftpos Card?
- Alternative accommodation?
- Child or person needs special care.
s48 - of OT states what?
- CYP unaccompanied in circumstances.srances Mental/Physical impaired
Take CYP-
- Consent to whanau
- No consent to OT
Define the age of a CYP
Person 14yrs - 18yrs
YOUTH PRINCIPALS
What are the youth justice Principals?
a) that UNLESS PUBLIC INTEREST REQUIRES OTHERWISE no criminal proceedings
b) Criminal proccedings SHOULD NOT BE INSTITUTED to provide services
c) any measures for dealing with offending should be designed to
i) strengthen family, whanau, hapu, iwi.
ii) Foster ability of whanau, hapu etc, develop own means of dealing with offending by CYP.
d) Child to be kept in community 7nless safety of public.
e) Age is a mitigating factor determining:
i) Whether or not to impose sanctions
ii) The nature of any sunctions
f) Any sunctions imposed
i) likely to promote the development of CYP
ii) Take the least restrictive form appropriate to circumstances
And address the causes underlying CYP offending.
g) Victims views, encourage victims to participate in the process and measures should regard interests of victims
s214- What does this section speak to?
Arrest without warrant of a CYP
- Ensure appearance in Court
- Prevent further offending
- Prevent loss and destruction of evidence
- Prevent interference with witnesses
- Summons would not achieve this.
When you K9 CYP you must furnish a report to Commisioner within how many days?
3 Days
CYP Breachb of Bail
When a CYP B.O.B what are the circumstances to satisfy before K9?
who can authorize the K9?
2 or more previous breaches on that bail.
Authority comes from Youth Aid Sgt, relieving Youth Sgt, Youth aid officer.
When a CYP is arrested + released on bail the same applies as s48 as to who they are released to.
When in Police custody what happens?
Place child in the custody of OT within 24hrs
What must exist to hold CYP in Police custody?
Belief that:
(same as 214)
AND
Belief is likely to continue to B.O.B
When placing CYP in OT care, what must be provided to OT?
I.D of CYP
Circumstances
Date/Time/place of court
If CYP is to be held in custody longer than 24hrs who can authorize?
what must be satisfied?
- S/Sgt and above with OT signing joint certificate.
- CYP is likely to be violent or absconding
- No beds available
If a joint certificate is issued. When should you furnish a report to Commisioner?
What must the report have?
Within 5 days!
Report must contain the circumstances and Duration
Police Vs D Kaitaia
Youth s48 and taken back to KTR station.
Punched up in cells.
What was the Ruling?
Officers shouldn’t s48 to take back to station, should ha e been taken home.
Charges Dismissed
Police Vs T
Youth caught shoplifting.Tried to run. Apprehended for shoplifting.
Held in police custody and appeared after 24hrs.
What was the ruling?
Arrest was justified but brea had BOR by not fronting them at court.
Charges Dismissed
Police V TM
Whangarei
1J s48 by cops taken to station and interviewed on Burgs, charged with Burgs!
What was the ruling
Police shouldn’t use s48 to interview!
Charges dismissed
Police V CG
14 + 16yr old charged with Robbery.
K9’d held in custody.
What was the ruling?
Did not have good grounds to believe to prevent further offending.
Charges dismissed
When should CYP appear in Youth Court after bail?
Within 7 days
Family Harm
What are the Principals that guide FH?
EI, CA,S, RI, A, WT(c)
- EARLY INTERVENTION
- CULTURALLY APPROPRIATE
- SAFETY
- RISK INFORMATION
- ACCOUNTABILITY
- WORK COLLABRATIVELY
Police employee who commits FV will be subject to what process?
Code of Conduct
What are the protection Order service principals
S, I, A, WT(c)
SAFETY
INFORMATION gathering
ACCOUNTABILITY
WORK COLABRATIVELY
Family Harm
If suspect charged with FV offence. What are the rules on bail?
Should not be released on bail, front at court 24hrs.
If court is after 24hrs, then bail.
Sgt to approve bail.
Family Harm
How should the bail conditions be tailored?
How should breaches be treated?
Tailored to keep the victim safe family members.
Brea hes to be treated seriously.
If a person is on EM bail to an address + PSO served, What do you do?
Address deemed no longer suitable.
The added complexity for employees involved in FV because they work for NZ Police….
What 2 actions should apply to employee?
- Where offending treat as normal BAU
- No offending - welfare services
Family Harm
Policies and Proceedures come about when what happens?
(When will the police employment policies/CoC/CI happen when employer involved in Family Violence?)
- Comes to supervisors attention employee involved in FV
- Police attend + PSO or warnings issued
- Poli e attend FV and employee is victim or offender.
- Police employee is P.O applicant or respondent
Employees who are P.O respondents must do what?
Report to supervisor who will inform HR + Professional conduct manager.
Employees who suspect another employee involved in family harm should do what?
REPORT
- Crimesroppers
- Own supervisor
- Welfare
Can employees who are respondents to P.O carry firearms/weapons?
Can the conditions s be varied?
NO
IN VERY RARE CASES
Who is a qualifying Constable to issue a PSO?
Substantive Sgt
OR
Acting Sgt s63 Policing Act
What must happen when PSO served?
respondent
- surrender any weapon/firearm/FLIC
- Vacate land/place/building occupied by person at risk
What must a respondent of PSO
NOT do during PSO duration?
- engage in FV
- make unauthorised contact(eg emergency, permitted in P.O, to attend FGC, restorative justice e conference etc)
- encourage other persons to contact, behave in a way against the person at risk.
What happens if Parenting Ordee in place and served with PSO?
Parenting order is suspended
When can a PSO be ordered?
When a qualified Constable believes that it is necessary to keep person at risk safe.
When can a PSO NOT be issued?
- Bound person K9’d and charged with FV offence. Use bail conditions s instead.
- Person is under 16
What is a protection order is in place!
What can we do regarding PSO
- Still serve a PSO if no evidence to arrest.
TAKES PRESSURE OF PROTECTED PERSON
What is the MAXIMUM time a PSO can be issued for?
10 Days
If we are unable to serve PSO at the time, how long do we have to serve?
48hrs
If a PSO is breached, how long do you have to locate and K9?
1 month
Can also seek WTA which also lasts fo 1 month if not located matter gets withdrawn.
You can issue a PSO to a CYP aged 16-17 yrs.
Who can issue and what are some considerations?
- Snr Sgt after talking with OT
- Risk assessment in5F is High
- Snr discusses with OT
- finally explain to whanau
If CYP breaches PSO how should they be treated
s214 doesn’t apply.
Treat like adult and take into custody, front at court within 24hrs
When a Protection order is served what must the respondent do?
- Surrender weapons/FLIC/ on demand or within 24hrs.
Where the Police member is the respondent, the serving member must?
Send a copy to the District Commander of national Manager if respondent is a Superintendent or above
