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CPK 2021 *** > Chapter 1: Family Harm ** > Flashcards

Chapter 1: Family Harm ** Flashcards

1
Q

Family Harm

What are the principles that guide Police practice with family harm matters?

6 of them.

A
  • Early Intervention
    Helps to stop and prevent family harm. Eyes wide open approach.
    • Culturally Appropriate
      In particular, responses involving Maori should reflect tikanga.
    • Safety
      For all parties involved but in particular Victims and children. Safety should be confirmed before officers leave address.
      Officer safety to also be considered as 5F’s are very dangerous.
    • Collecting Risk Information
      For effective assessment planning and risk management. SAFVR measure and Dynamic Risk Assessment.
    • Accountability
      Thorough and quality FH investigation to hold offenders and predominant aggressors to account. Filing charges according to the solicitor-general’s guidelines.
    • Working Collaboratively
      With internal teams (FHT, CPT, ASA, YAO’s CIB etc.)
      With external agencies.
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2
Q

Family Harm

What percentage of intimate partner violence victims/survivors report a pet or animal being injured or killed by their offender?

A

36.5%

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3
Q

Family Harm

What percentage of family harm episodes have children present?

A

Roughly half of all episodes.

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4
Q

Family Harm

What are other sources of evidence to consider for corroboration with Victims statements?

9 points

A
  • Medical examination/report
    • Photographs of injuries
    • Scene examination including photographs and diagrams
    • Clothing
    • Witness statements (friends, neighbours etc.)
    • 111 call
    • Old POL FVIR ratings, old 5F reports and ODARA scores
    • Emails, text messages, phone records, internet browsing history, bank records
    • Admissions and other damaging statements made by suspect
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5
Q

Family Harm

For what reason would Police get a FWS sworn on the day of offence (or ASAP)?

A

If it is likely that the victim will minimise their allegations, or face pressure and become reluctant to testify in court.

Statements can be sworn under the Evidence Act 2006 and the Criminal Procedures Act 2011.

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6
Q

Family Harm

Should all interviews be recorded in statement form and signed by the witness?

A

Yes…

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7
Q

Family Harm

What does section 106A of the Evidence Act 2006 allow Police to do?

A

Allows an adult family violence complainant to give evidence in chief by recording a video made before the hearing.

Video recording must be made by a Police employee no later than two weeks after the alleged family violence episode.

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8
Q

Family Harm

How long after a 5F can Police record a VVS with the victim?

A

2 weeks.

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9
Q

Family Harm

What are the rules around interviewing children who are victims of child abuse or witnesses to serious offences?

A

All forensic interviews of children need to be carried out by specially trained child witness interviews as per the ‘Specialist Child Witness Interview Guide’ (This is an agreed guide between Police and OT).

This does not prevent a preliminary interview with a child occurring during initial attendance as part of identifying their role and the wider safety assessment.

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10
Q

Family Harm

Rules around arresting offenders when there is sufficient evidence for a prosecution?

A

Suspects responsible for family violence related offences or breaches of protection order and related property offences should, except is exceptional circumstances, be arrested.

Where offending is disclosed and actions other than arrest are contemplated, you must consult your supervisor before proceeding.

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11
Q

Family Harm

Who do you need to consult before deciding not to prosecute a FH offender when there is sufficient evidence for a prosecution?

A

You must consult your supervisor.

It is advisable to also consult with the Family Violence Coordinator/Family Harm Specialist who may have relevant information known through multi-agency tables.

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12
Q

Family Harm

Do you need a formal complaint from the victim for you to arrest or file charges?

A

No.

However, their response and wishes should be listened to and noted.

Explain the reason if Police actions are not consistent with their wishes.

Many Victims experience further harm and Police should act in a way that will encourage future reporting of episodes.

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13
Q

Family Harm

If you have insufficient evidence to charge an offender but still have safety concerns for a child or victim, what can be considered?

A

A Police Safety Order.

Do not give warnings where there is insufficient evidence to prosecute.

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14
Q

Family Harm

If you have sufficient evidence of a breach of protection order or property order what must you do?

Rules about bailing the offender?

A

Charge the offender for the breach.

Don’t release the offender for 24 hours unless there is a court hearing earlier than this where court bail cant be determined.

The offender is not bailable as of right pursuant to s7(2) of the Bail Act 2000.

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15
Q

Family Harm

What’s are the primary considerations when considering Police bail for a FH offender?

3 of them

A

The need to protect the victim, their family members and all protected persons.

Linking the victim to appropriate support and services

The possible need for the defendant to have a cooling off period to ensure the victims safety.

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16
Q

Family Harm

Who can authorise the release of a family violence offender on Police bail?

A

A supervisor with the position level of sergeant of above.

Person’s arrested for breach of protection order must not be released on Police bail during the 24 hours immediately following the arrest unless they go to court first.

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17
Q

Family Harm

What is the presumption for defendants regarding bail?

A

Presumption is that they are granted bail.

Any opposition to bail must fit within the criteria of section 8 of the Bail Act, which includes whether there is a risk to the victim and their family members.

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18
Q

Family Harm

What is the paramount consideration when considering whether to grant bail for breaching a protection order?

Bail Act section 8(1)

A

The need to protect the victim of the alleged offending.

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19
Q

Family Harm

Who is the primary external agency responsible for victims of family harm?

A

Women’s refuge

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20
Q

Family Harm

How long cat PSO’s be issued for?

A

10 days

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21
Q

Family Harm

What does a PSO required the bound person to do?

A

PSO’s require the bound person to surrender any weapons in their control or any firearms licence and vacate any land or building occupied by a person(s) at risk regardless of whether the bound person has a legal or equitable interest in it.

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22
Q

Family Harm

Who can issue a PSO?

Who is a qualified constable?

A

A Sergeant or above.

Must be substantive or otherwise be formally appointed/authorised under section 63 of the Policing Act 2008.

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23
Q

Family Harm

What are the immediate effects of a PSO?

What does the bound person have to do?

3 things

A

Surrender any weapon
- in their control or any firearms licence held to a constable.

Vacate any land or building
- occupied by a person(s) at risk regardless of whether the bound person has a legal or equitable interest in it.

Provide a cooling down period
- where the person at risk has time and space to seek support and assistance, including applying for a TPO if desired and for the bound person to seek support and assistance

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24
Q

Family Harm

What are the longer effects of a PSO?

After the bound person has left the scene and given his firearms etc., what is he not allowed to do?

3 things

A

Engage in family violence against the PAR

Make contact with the PAR which isn’t ‘authorised’

Encourage any person to engage in behaviour against, or make contact with, the PAR which would be a breach if the bound person did it.

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25
Q

Family Harm

When a PSO has been issued, when is contact ‘authorised’ between the PAR and BP?

4 things (not highlighted)

A
  • Reasonable necessary in an emergency
  • Permitted under any special condition of any relevant protection order
  • Necessary in order to attend a family group conference
  • To attend court or any proceeding associated with court (e.g. a restorative justice conference)
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26
Q

Family Harm

When a PSO has been served, how does it effect a parenting order?

A

If the bound person is party to a parenting order or agreement, that parenting order is suspended.

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27
Q

Family Harm

An authorised constable (sergeant or above) can issue a PSO at a 5F if they think…

A

That the issue of an order is necessary to help make the person at risk safe from family violence.

The should have regard of ‘specified matters’:
- Whether FV has occurred or is likely to occur
- Welfare of children
- Hardship caused by order

Take into account:

  • Previous interactions with Police
  • History of mental health
  • Alcohol/drug abuse
  • Propensity for violence
  • FH history
  • Protection/parenting orders
28
Q

Family Harm

If a person is arrested for a family violence offence but it is later determined that there is insufficient evidence to charge, can a PSO be issued?

A

Yes

29
Q

Family Harm

Can a person be issued with a PSO if he has been charged with a FV offence?

A

No.

Bail conditions should be set.

30
Q

Family Harm

Can a PSO be issued if the bound person is a child?

A

Not usually.

If they’re 16 or 17 they can have a PSO served under special circumstances.

31
Q

Family Harm

Who can issue a PSO?

A

A qualified constable.

A Sgt or above or an A/Sgt if they have been formally appointed under s.63

32
Q

Family Harm

What are the Police powers when PSO authorisation is pending?

A
  1. detain aggressor for up to 2 hours.
    - 2 hours start when you decide that a PSO is necessary
  2. remove the person from the premises and to a Police station or other such place (patrol car) for this detention
33
Q

Family Harm

What can Police do if someone refuses be remain at the place where they are detained for a PSO?

A
  1. arrest them
  2. the charge for this has a $500 fine

Note:
If the person is 16 or 17 you can still arrest them for this. It goes through the Youth Court.

34
Q

Family Harm

When should Police demand the surrender of firearms when a PSO has been served?

A

At the time of service.

Consider s.18 warrantless search (firearms). If this is used, a report must be made to the Commissioner within 3 days.

35
Q

Family Harm

If you ‘detain’ or ‘take someone into custody’ for breaching a PSO, when do you need to bring them before the court?

A

Within 24 hours.

If you can’t, you need to summons them.

NOTE:
They don’t use ‘arrest’ for this. It’s not an offence but we cant detain them and make a complaint to the court.

36
Q

Family Harm

If someone breaches a PSO but they aren’t located on the day, how long do Police have to ‘detain’ them and put them before the courts?

A

One month to take them into custody and then 24 hours to put them before the court.

37
Q

Family Harm

When preparing the file for a breach of PSO, do you complete a charging document?

If not, what form should be completed?

A

No charging document because this isn’t an offence.

A complaint form (POL 2142) should be sworn by a Constable.

38
Q

Family Harm

Is it an offence not to remain after being detained for a PSO?

A

Yes.

Breaching the PSO isn’t but breaching the detention is. $500 fine.

There is power of arrest.

They fail to remain at the place they were detained OR any other place taken to during the detention.

39
Q

Family Harm

What ages can you serve a PSO on?

A

16 and 17 only under special circumstances.
Approval should come from a S/Sgt and they should consult Oranga Tamariki.

18+ fair game.

40
Q

Family Harm

Can you detain a 16 or 17 year old for the service of a PSO?

A

Yes. For two hours like normal.

41
Q

Family Harm

When you detain a child for breaching a PSO, does 214 apply?

214 is W.E.E.P, summons > arrest, report incident to Commissioner

A

No.

214 is an arrest provision and this is a ‘detention’

If i’m reading this correctly, you don’t need to do a notification when detaining a 1J for PSO breach.

The material notes that we should still consider 214 when ‘detaining’ them, i.e. WEEP and summons but it doesn’t say anything about the notification.

It also means that we can’t ask OT to take custody of the 1J.

42
Q

Family Harm

When are Police likely to be involved with serving a Protection Order?

A
  • respondent hold a firearms licence
  • believed to be in possession of firearms (with or without a licence)
  • assessed as being a significant risk to the server
  • protection order granted without notice
43
Q

Family Harm

What will Police ensure that happens when serving a protection order?

5 things.

1st one is:
Robust information sharing, collaborative risk assessment and safe service delivery practices etc.

A
  1. See previous
  2. Police demand firearms and licence at time of service
  3. Staff safety is of paramount importance when seizing firearms
  4. Serving officer will contact victim and let them know it’s been served
  5. All breaches will be taken seriously. Prosecution expected in most cases.
44
Q

Family Harm

Can a protection order be served against a 16 year old?

A

Yes. 16 and 17 is fine under special circumstances.

45
Q

Family Harm

In July 2019, the definition of family violence was widened to include which acts?

This affects what constitutes a protection order breach.

6 of them.

A
  1. ill-treating a house pet or other animal that is important to someone of their family. ANIMAL ABUSE
  2. loitering near where someone works (and other such harassment). LOITERING
  3. disturbing the care of someone who needs it, i.e. age, disability, health condition. DISTURBING CARE
  4. one act or several acts that form a pattern of behaviour, even if they seen to be minor or trivial. PATTERN OF BEHAVIOUR
  5. coercion or controlling behaviour. CONTROLLING
  6. dowry-related abuse. DOWRY
46
Q

Family Harm

When is unauthorised contact with a protection order not a breach?

5 of them.

A
  1. Reasonably necessary in an EMERGENCY
  2. Permitted under any order or written agreement regarding contact, care or custody of a child or young person. CHILDCARE ORDERS
  3. Permitted under any special condition of the protection order
  4. Necessary for attending a FAMILY GROUP CONFERENCE
  5. Necessary to attend a COURT proceeding. Including restorative justice conferences.
47
Q

Family Harm

How does the protected person with a protection order give and withdraw consent for contact with the Respondent?

A

Give consent must be in writing. Includes emails, text messages, letter or other digital communication.

Withdraw consent can be verbal at any time. They can just tell them to go away.

48
Q

Family Harm

What is the standard condition for a protection order that relates to firearms?

A

It is a condition of every protection order that the respondent must not:

  • possess, or have any weapon (firearms, airgun, pistol, restricted weapon, ammunition or explosive) under their control
  • hold a firearms licence

The Respondent must surrender all his firearms to Police as soon as practicable after the order is served (and within 24 hours)

49
Q

Family Harm

Is a person who is the Respondent of a protection order allowed to go hunting with friends? The guns aren’t his and he is being supervised by person who has their firearms licence.

A

Not unless he has the standard condition removed.

The standard condition say that he isn’t allowed to possess of have any firearm under his control.

50
Q

Family Harm

What happens to the licence of a firearms licence holder when a Protection Order is served on them?

A

Temporary Order served = licence suspended

Final Order = revoked

51
Q

Family Harm

When serving a Protection Order, Police should have regard to which 4 principles?

These are 4 of the 6 principles which guide Police for all family harm incidents.

A
  1. Safety
  2. Information gathering
  3. Accountability
    - Respondents should be given clear messages during Police service of orders that they are accountable should they breach.
  4. Working collaboratively
52
Q

Family Harm

When do Police serve Protection Orders.

As opposed to court staff like normal.

3 of them.

A
  1. The respondent holds a firearms licence, or is believed to be in possession of or have access to a firearm
  2. service is assessed as being a significant risk to the server
  3. the Protection Order has been granted without notice
53
Q

Family Harm

After a Protection Order is served, what tasks does that serving officer have to complete?

A
  1. notify the O/C station of the station nearest to the where the order was served (without delay)
  2. ensure the victim is contacted and informed about the service (doesn’t need to be the serving officer, they just need to ensure that it has happened)
  3. updated Victim Contact node in NIA
  4. forward the notice of service to the Family Court (electronically or hard copy)
  5. maintain recording standards (update contact details and stuff like that. for future units who may attend incidents)
  6. ensure that the Protection Order (including a copy of the protected person’s affidavit) is deleted from the Police file record.
    Any court document (not owned by Police) that was provided to Police for service must not be retained in order to comply with the Privacy Act 1993
54
Q

Family Harm

Under the Family Violence Act 2018, what is the definition of a child of the applicants family?

What age is a child defined at under this act?

A

Under this act, a child means someone under 18 years old.

Child of the applicant’s family means a child who at that time ordinarily or periodically resides with the applicant, whether or not

(a) the child is a child of the applicant or the respondent
(b) for a protection order, the child—
(i) resided ordinarily or periodically with the applicant at the time when the order was made; or
(ii) was born only after the time when the order was made

55
Q

Family Harm

Under the Family Violence Act 2018, how is someone’s property defined?

A

a) the person owns the property

b) the person doesn’t own the property but that:
- the person uses or enjoys
- in available for the person’s use of enjoyment
- is in the person’s care of custody
- in at the person’s dwelling house

56
Q

Family Harm

Under the Family Violence Act 2018, what are the three main types of violence?

It has been expanded to include two other broad categories of violence, what are they?

A
  1. physical violence
  2. sexual violence
  3. psychological abuse

Expanded to include:

a) patterns of behaviour that are coercive/controlling and/or cause cumulative harm
b) dowry related violence

57
Q

Family Harm

Under the Family Violence Act 2018, what’s the definition of family relationship?

A

a) spouses
b) family members

c) shares a household
NOTE: it has to be more than just a landlord/tenant or employer/employee relationship

d) close personal friends
NOTE: it can’t just be an employer/employee relationship
NOTE: caregiver/care-recipient relationships DO count

58
Q

Family Harm

After a PSO has been issued, how long do Police have to serve the order?

A

48 hours.

After that time, the order lapses.

59
Q

Family Harm

A bound person who breaches a PSO can be taken into custody and must see and judge within 24 hours.

If this can’t happen, they should be summonsed to appear at the District Court.

If they don’t show up for this court date, can a Judge issues a WTA?

Can a Registrar issue a WTA for this?

A

Yes. Both of them can.

60
Q

Family Harm Case Law

Police v Elliot [1996]

How long does a Respondent have to leave a place after the Applicant withdraws consent for them to have contact?

A

A reasonable about of time.

Situation:
Police arrived at a 5F where the Applicant asked the Respondent to leave and he didn’t immediately. He was charged but the case was dismissed because the Judge ruled that Police hadn’t given him a reasonable amount of time to leave.

In this case, the Applicant was living at the address so all his things were there and he had nowhere else to go. This was considered by the judge.

There was no violence during this episode which also factored in.

61
Q

Family Harm Case Law

Senior v Police [2013]

Can a Facebook post by a Respondent, directed at an Applicant, be considered a breach of a Protection Order?

A

Yes.

The Respondent and Applicant don’t have to be Facebook friends because it is reasonable to believe that any posts will get back to the Applicant.

This is because the abuse may be circulated widely to friends or family of the Applicant.

This decision confirms that abuse doesn’t have to be addressed directly towards the protected person, and there doesn’t need to be direct evidence that the abuser intended the protected person to see or hear the abuse.

62
Q

Family Harm

Possible question

You go to a family harm episode and a victim discloses offending but you are considering an actions other than arresting the offender, what do you need to do first?

A

You must consult your supervisor before proceeding.

NOTE:
The offender should be arrested unless under exceptional circumstances.

NOTE:
Possible tricky answer like should you go to FH specialist? The answer is to go to your supervisor first and it is advisable to contact a FH specialist.

63
Q

Family Harm

If, through the course of your family harm investigation or other duties, you become aware that a respondent of a non-molestation or non-violence order has a firearms licence, who do you need to contact?

A

You must notify an Inspector or above to consider revocation of the firearms licences under s27 or 27A of the Arms Act.

  • Non-molestation Order’s and Non-violence Orders are from the Domestic Violence Act 1982
  • They are now considered to be Protection Orders under the Family Violence Act 2018.
64
Q

Family Harm

When a person breaches a PSO and attends court, what are the Prosecutor/Officer of the Court/Constable obligated to do with regards to the Person at Risk?

A

Must advise the PAR of the court decision and any subsequent action.

If they can’t get in touch with the PAR they must:

  • make 3 attempts of telephone calls within one hour
  • send the local unit and complete a 4Q follow up event
  • update NIA record to reflect the action taken
65
Q

Family Harm

Situation 1:
You detain a 16 year old for the service of a PSO and they abscond

Situation 2:
You arrest a 16 year old for breaching a PSO

What court do they go to for each situation?

A

Situation 1: absconds detention
- Youth Court

Situation 2: breaches conditions
- District Court

66
Q

Family Harm

How long does a Protection Order encapsulate a ‘adult child’ for, when does the protection expire?

A

Until the ‘adult child’ is over 18 and leaves home.

CPK 2021 *** (15 decks)

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