Chapter 1 - Family Harm

Question 1

Police bail for
family violence
offences

Answer 1

When deciding whether to grant Police bail, the primary consideration is the
safety of the victim and their family members, linking the victim to
appropriate support and services, and the possible need for the defendant to
have a cooling off period to ensure the victim’s safety.

If a protection order is breached they must not be granted Police bail during the 24 hours immediately
following the arrest unless there is a court hearing earlier than this where
court bail can be determined

You must have the authority of a supervisor of or above the position level of
sergeant before releasing a family violence defendant on Police bail.

Question 2

What initial considerations should be taken when a Police member is involved in a family harm incident?

Answer 2

The normal Police response applies.
Consider using a unit from out of area, with a supervisor.
Welfare considerations are important for both parties and the shift supervisor should, where appropriate, refer the matter to the local
Welfare Officer.
Police must also carefully consider:
The impact of any criminal offending on the ability of an employee to
remain a Police employee
the compatibility of an employee convicted or found guilty of a family
violence offence and/or being the respondent of a protection order, to
continue in a policing role.
A breach of code of conduct must be considered.
Police can seek support from EAP employee assistance program, supervisor or welfare officer.

Question 3

What is the protocol if a Police member is charged with a FH offence?

Answer 3

Employees who commit a offence must be treated as any other member of the
public. The fact of an employee’s arrest or charging for offending
must be reported immediately by the shift Supervisor to the District
Employee Practice Manager and Police Professional Conduct Manager who
will advise the relevant District Commander or National Manager. Code of
conduct procedures will apply.
Welfare contact and counselling support through the EAP must be offered to
the victims of the offending and if appropriate, the alleged offender, along
with confidential contact numbers that they may use.
The Employee Practice Manager in consultation with the National Manager:
Police Professional Conduct at Police National Headquarters (PNHQ) must
consider the employee’s suitability to continue working in their current role
and if any variation in duties is appropriate

Question 4

What are the guidelines around a Police member being served with a protection order?

Answer 4

Officers who serve a protection order on a
Police employee are required to send a copy of it to the employee’s District
Commander or National Manager.
Employees who become a respondent of a protection order must
immediately report the fact in writing, including details of the proceedings to
their Supervisor, who must inform the Human Resources Manager and
Police Professional Conduct Manager for their district or service centre.
Code of conduct processes will apply.
Failure to disclose this info will be seen as aggravating.
Police employee won’t be able to use any tactical options. Application for a variation on weapons can be made and Police in some instances will help get the variation.

Question 5

What are the special conditions to issue a PSO to 16 - 17 year old?

Answer 5

Behaviour has reached a point where there is little room for alternatives.
Special circumstances may include:
Reasonable grounds to believe that the issue of an order is necessary to
help make the person at risk safe from serious family violence, and
The ‘total level of concern’ in OnDuty is High,
and
Approval from a Senior Sergeant or above has been obtained, and
The authorising Senior Sergeant has consulted with Oranga Tamariki

Question 6

What happens if a youth breaches a PSO?

Answer 6

214 does not apply where the child has breached a
PSO or a condition of a PSO, as this is an arrest provision. Nevertheless, the
child could be taken into custody in the same way as an adult. To appear in
District Court.

It is good practice to consider the protections in section s214(1) prior to detaining a child. The protection that would likely
be relevant is that the action is necessary to prevent further offending and issuing a summons would not achieve that purpose s214(1)(b).
Note that as this is not technically an “arrest” it does not authorise the use of
other Oranga Tamariki Act 1989 sections such as s234 to deal with
placement.