Chapter 1: Children, Young Persons and Their Families

Question 1

Section 48 - Unaccompanied Children and Young Persons

Answer 1

Where a Child or Young Person is found unaccompanied by parent or other person… In a situation in which the Child or Young Person’s physical or Mental Health is being or is likely to be impaired. A constable may use such force as necessary to take the child or young person -
A) with the consent of the C / YP deliver into custody of parent or guardian
B) IF the C/YP does not wish to be returned to parent / guardian or
ii) no Parent or guardian is willing or able to have custody
May place the child or YP into custody of Chief executive by delivering the C/YP to the (Chief executive)

Question 2

S48 - Placement of C/YP until..

Answer 2

A) The c/YP agrees to being returned to a parent or guardian
B) an application is made to the Court for a Care and Protection Order
C)Where the Circumstances of the case indicate that the C/YP is in need of Care or Protection, the expiry of 5 days after the day on which c/yp was placed in custody or in any other case, 3 days after that date, which ever comes first

Question 3

S48 - What age is a “Young person”

Answer 3

Of or over the age of 14 yrs but under 18yrs old.

Question 4

Section 208 - Principles

Answer 4

a) unless the public interest requires otherwise, criminal proceedings should not be instituted against a c/yp if there is an alternative means
b) Criminal proceedings should not be instituded against a c/yp in order to provide assistance to services
c) Dealing with offending children should be designed to - strengthen family, iwi etc- to foster families, iwis to develop own means of dealing with offenders
d) c/yp who committed an offence should be kept in community as far as practicable
e) C/YP age is a mitigating factor

Question 5

S214 - Arrest of C/YP without Warrant

Answer 5

Unless that officer is staisfied on reasonable grounds -

a) that it is necessary to arrest a c/yp without warrant for the purpose of-
i) ensuring appearance in court
ii) Preventing from committing further offences
iii) Preventing loss or destruction of evidence or interfering with any witnesses

b) where the c/yp may be proceeded against by way of summons that proceeding by way of summons would not achieve that purpose.

Question 6

214A Arrest of c/yp in breach of bail conditions

Answer 6

May arrest c/yp w/o warrant if -
a) c/yp has been released on bail
b) believes on Reasonable grounds that -
I) the c/yp has breached a condition of that bail and
ii) c/yp has on 2 or more previous occasion breached a condition for that bail (whether or no the same condition)

Question 7

What Authority do you require before arresting a c/yp for a breach of bail

Answer 7

Authority to k9 under this provision must always be obtained from Youth Aid Sgt in the first instance. Or in their absence a supervising Sgt or qualified youth aid officer

Question 8

S234 - Custody of C/YP following arrest

Answer 8

Where arrested without or with warrant, a constable shall -

a) Release the c/yp
b) Release on bail
c) deliver c/yp into custody of -
i) parent or guardian
ii) With agreement of c/yp iwi social service or cultural social service
iii) agreement of c/yp any other person or organisation approved by the chief executive

Question 9

S235 - c/yp arrested placed into custody of chief executive

Answer 9

If c/yp arrested and if subsection 1A applies -

a) must place c/yp in the custody of cheif executive
b) must do so asap and not later than 24HRS after the arrest

1A - WEEP

Question 10

S236 - c/yp who is k9 may be detained in Police custody

Answer 10

Where Chief Exec and S/Sgt or Inspector are satisfied on reasonable grounds -

a) yp who has been k9 is likely to be violent or abscond
b) That suitable facilities for detention are not available

may be detained for a period exceeding 24HRS and until appearance before the court.

If joint certificate issued, within 5 days furnished bu the chief executive and by the constable to the commissioner of the police -

a) a copy of the certificate
b) written report - circumstances and the duration of the detention in Police Custody

Question 11

Releasing C/YP on bail

Answer 11

If you decide to release C/YP on bail - remember the inital hearing will be within 7 days (may require special Youth Court Sitting

Note: A Young Person cannot be released on Summons.

Question 12

Can you oppose bail for C/YP?

Answer 12

Yes, you must however seek immediate guidance from a youth aid officer if you want to oppose bail for a defendant 12yrs-17yrs.

Question 13

Placing a C/YP into OT Custody

Answer 13

Following an arrest, C/YP must be placed into Chief Exec OT custody asap and NO later than 24hrs.

Question 14

Family Harm Principles that Guide Police

Answer 14

Early Intervention 
Culturally Appropriate 
Safety 
Collecting Risk Information 
Accountability 
Working Collaboratively

Question 15

Characteristics of Family Harm ?

Answer 15

The majority of Family Harm incidents are intimate partner violence and the aggressor is predominantly male. Children are typically present at 50% of all family harm episodes.

Question 16

Family Violence Includes ?

Answer 16

Physical, Sexual, Psychological abuse within a domestic relationship.

Question 17

Police Bail for Family Harm Incidents?

Answer 17

If a person has been arrested under the family violence act 2018. The person arrested must not be given police bail within 24hrs immediately following the arrest.

Unless there is a court hearing and they are released under court bail.

Question 18

Authority for Police bail in relation to FHI?

Answer 18

Must be Sgt or higher to bail a defendant on police bail (after 24hrs only)

IN most cases there is a presumption that a defendant will be bailed.

Question 19

Police Employees and Family Harm. Two simultaneous actions should occur if Police employees involved in FHI?

Answer 19

• The normal Police Response Applies
• Welfare considerations are important for both parties and the shift supervisor should, where appropriate, refer the matter to the welfare officer.

Question 20

Police Must Consider ? (if employee involved in FHI)

Answer 20

• The impact of any criminal offending on the ability of the employee to remain a Police Officer
• The comparability of an employee convicted or found guilty of a family harm incident to continue in their police role.

Question 21

Who is responsible for ensuring Policies and procedures are followed when employees are caught up in FHI?

Answer 21

District Commanders and National Managers

Question 22

Employees Charged / Convicted of Family Violence offending ? Report chain?

Answer 22

Must be reported immediately by the Shift Supervisor to the District Employee Practice Manager and Police Professional Conduct Manager who will advise the relevant DC or National Manager. Code of conduct procedures will apply.

Question 23

Employees who are respondents of a Protection Order?

Answer 23

Must immediately report the fact in writing to their supervisor.

Constables cannot carry weapons (taser,spray,baton or firearms) even for training.

Police must avoid being complicit in any such breach and not increase risk to the person protected.

Question 24

What is a PSO?

Answer 24

Police Safety Orders are immediate orders issued by qualified constable (sgt or higher).
Bound person must surrender any weapons and vacate the land . can be issued up to 10 Days.

Question 25

PSO effect on Parenting Orders?

Answer 25

If a bound person is party to a parenting order or agreement. That parenting order is suspended.

Question 26

PSO cant be issued when?

Answer 26

If the offender has being charged with a Family Violence offence

Cannot be issued to a child, unless satisfied that child is aged 16yrs or older and must justify the special circumstances.

Question 27

Deciding on the duration of the order?

Answer 27

Starting point should be 24hrs -
Factors include how long will it take for the person at risk to seek protection order etc?
Impact on the family.etc

Question 28

Police Powers Pending authorisation and issue of the order?

Answer 28

May detain the person for up to two hours to serve the PSO.

Can arrest if decamps or fails to remain. (includes 16+17yr olds)

Question 29

Unable to issue and serve order during the 2hour period ?

Answer 29

If you are unable to issue and serve the order within 2hrs you must release the detained person.

You have 48hrs to issue and serve the PSO.

48hrs commences when the Sgt authorises the issuing of the PSO.

Question 30

Actions for Breach of PSO

Answer 30

K9 and bring before the court within 24hrs
If cannot be brought before the court within 24hrs, you need to release them via summons.

IF they fail to appear you can arrest them for failing to appear as summonsed.

Question 31

What is a Protection Order?

Answer 31

Court Ordered Mechanisim providing safety for victims of family violence.

Question 32

When will police be involved in serving PO ?

Answer 32

The respondent holds a Firearms licence
Respondent believed to be in possession of firearms
Deemed a significant risk
PO granted without notice

Question 33

Conditions relating to weapons ? (PO)

Answer 33

Respondent must surrender any weapons under their control, as soon as practical after the PO is served on them but within 24hrs of the service.
On demand made at any time by a constable.