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Em Study > Chapter 1: OT Act 1989 / Family Harm > Flashcards

Chapter 1: OT Act 1989 / Family Harm Flashcards

1
Q

Section 48

Oranga Tamariki Act 1989

A

1) Child / YP found unaccompanied
In a situation where the YP’s physical or mental health
Is being OR likely to be impaired

A)Deliver YP into the custody of parent / guardian / person usually having care

With consent of YP

B) YP does not consent / no parent is willing to have custody - place the child in the care of the Chief Executive

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2
Q 
Section 48(2)
Oranga Tamariki Act 1989
A

Placement of child in custody of chief executive

Until:

A) young person agrees to being returned to parent / guardian / other person usually having care

B) an application is made to court for a Care & Protection order

C) circumstances of the case indicate the child is in need of care & protection - expiry of 5 days after the day on which the child was place in custody OR 3 days after that date - whichever occurs first.

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3
Q 
S 48 (3) 
Oranga Tamariki Act 198
A

Young person = over the age of 14

Under the age of 18

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4
Q

Section 208

Oranga Tamariki Act 1989

A

A) unless public interest requires otherwise, criminal proceedings should not be instituted against a YP if there is an alternative means of dealing with the matter

B) criminal proceedings should not be instituted in order to provide assistance or services needed to advance the wellbeing of the YP / their family

C) any measures for dealing with offending designed to strengthen family and foster ability of family to develop their own means of dealing with offending

D) young person who commits an offence should be kept in the community (as far as practicable/ need to ensure public safety).

E) age is a mitigating factor in determining whether to impose sanctions and nature of sanctions

F) sanctions imposed should take the form most likely to maintain and promote development of the child / family
And
Take the least restrictive form that is appropriate in the circumstances

That measures for dealing with offending should address the causes of offending

G) determination of measures for dealing with offending should consider victims views

H) the vulnerability of children entitles a child to special protection during any investigation

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5
Q

What is S48 OT Act 1989?

A

Unaccompanied children and young persons

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6
Q

What is section 208 OT Act 1989?

A

Principles

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7
Q

What is s214 OT Act 1989?

A

Arrest of child or young person without warrant

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8
Q

How long do you have after arresting a Child or YP to make a written report?

A

S214(3)

3 days

To Commissioner of Police

S214(4)
State the reason WHY arrested without warrant

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9
Q

S214 OT Act 1989

A

214(1)

A) Necessary to arrest child / YP without warrant to:

WEEP
(I) ensure appearance on court 
(ii) prevent further offences 
(iii) prevent loss / destruction of evidence 
Prevent interference with witnesses

B) arrest were child may be proceeded against by summons - but summons would not achieve that purpose

2) committed category 3 or 4 offence (penalty imprisonment 14 yes / life) AND in the public interest

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10
Q

Section 48 OT Act 1989

How long can a child / young person be kept in the custody of the chief executive?

A

5 days after the day on which the child or young person was placed in custody

Or in any other case

3 days after that date

Whichever comes first

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11
Q

What is s214A OT Act 1989?

A

Arrest of child or young person in breach of bail condition

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12
Q

S214A OT Act 1989

A

A Constable May arrest a child or young person if:

A) child been released on bail

B) has breached a condition of that bail
AND
Has on 2 or more occasions breached a condition

(Arrest on 3rd breach)

(Doesn’t have to be the same condition).

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13
Q

Who gives authority for the arrest of a child / young person for breach of bail?

S214A

Law note excerpt Ten-One

A

Youth Aid Sgt
Supervising Sgt
Qualified Youth Aid officer

“Authority to arrest under 214A must always be obtained from a Youth Aid Sgt in the first instance, or in their absence, a supervising Sgt (or above) or a qualified Youth Aid Officer”.

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14
Q

Section 234 OT Act 1989

Custody of child or young person following arrest

A

A) release child

Or

B) release on Bail (s21 Bail Act)

Or

C) deliver child into custody of:

i) parent / guardian / other person having the care of the child
ii) with the agreement of the child - to Iwi/Social service
iii) with the agreement of the child - any other person or organisation approved by the Chief Executive

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15
Q

If a child or young person is released on bail, when do they need to appear in court?

A

Initial court hearing within 7 days

(May mean a special youth court sitting).

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16
Q

Who do you discuss bail conditions with, when releasing a child or young person on bail?

A

Bail conditions should be discussed with AND agreed to by the person whose custody the child or young person is released.

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17
Q

Who signs a bail bond when a child or young person is released on bail?

A

The child / young person.

THE PERSON WHOSE CUSTODY THE CHILD OR YIUNG PERSON IS RELEASED INTO

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18
Q

What are some considerations when selecting bail conditions?

A

Bail conditions must have a clear and reasonable link to the child or young persons current charges.

Consider Criminal and bail histories

Selecting appropriate conditions will reduce unnecessary arrests for breaches later

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19
Q

When must you seek immediate guidance from a youth aid officer if you want to oppose bail??

A

Defendant is aged 12-17 yrs

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20
Q

Following the arrest of a child or young person, how long do you have to place the child in the care of the Chief Executive OT??

A

As soon as practicable and no longer than 24 hours after arrest.

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21
Q

What are the grounds for placing a child or young person in the care of the Chief Executive OT?

A

Believe on reasonable grounds the child or young person:

  • is not likely to appear before the court
  • may commit further offences

Necessary to prevent

  • loss or destruction of evidence
  • interference with witnesses

Arrested under 214A (BOB) and is likely to continue to breach any bail condition.

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22
Q

What are Police obligations when placing a child or young person in OTA custody?

A

Must:

  • deliver the child or young person to a social worker

And

  • give details to the social worker in writing (POL235) relating to:
  • child’s identity
  • circumstances of arrest
  • date & time of the intended appearance
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23
Q

What form must you give a social worker when delivering a child or young person into the care of the Chief Executive OT?

A

POL235

S235 OT Act is child or young person who is arrested may be placed in the custody of CE

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24
Q

What does the 24hr time period not allow?

A

Further Enquiries:

Not allowed to hold child or young person for the purpose of making further enquires

Delay contacting OT:

Not allowed to delay contacting OT solely to keep child in police custody for maximum period of time.

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25
Q

Can you keep a CHILD in police custody for more than 24 hours?

A

NI

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26
Q

When can a YOUNG PERSON be detained in Police custody for longer than 24 hours?

A

If a joint certificate has been obtained and signed

by a delegate of the Chief Executive of OT

And

Senior Sergeant (or above).

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27
Q

When signing a joint certificate - what must the delegate of the Chief Executive OT and Snr Sgt be satisfied of?

A

Satisfied on reasonable grounds

That holding a young person for more than 24 hours is necessary

  • the young person is likely to abscond or be violent

AND

  • suitable OT facilities for the detection are not available
28
Q

Who can sign a joint certificate?

A

Senior Sergeant or above

29
Q

How long after signing the joint certificate do you have to let the commissioner know?

What info do you need to provide?

A

5 days

  • circumstances which certificate was issued

And

  • duration for which the young person was detained / is likely to be detained in police custody.
30
Q

What are the principles that guide Police practice on Family Harm?

A

1) Early intervention
2) Culturally Appropriate
3) Safety
4) Collecting risk information
5) Accountability
6) Working collaboratively

31
Q

What action is taken in relation to a person who has been arrested for breaching a protection order?

S112 / 113 Family Violence Act 2018

A

Arrest for breach of protection order -

must not be granted police bail during the 24hrs immediately following arrest - UNLESS there is a court hearing earlier than this where court bail can be determined

32
Q

Who can authorise releasing a Family Violence defendant on Police bail?

A

A supervisor of or above the position of Sergeant

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.

33
Q

What are some considerations when deciding whether to grant Police bail for family violence offences?

A

Primary consideration

1) safety of the victim and their family members
2) linking the victim to appropriate support and services
3) cooling off period for the defendant

34
Q

When must a person who has been arrested for a family violence offence be brought before the court?

A

As soon as possible

35
Q

What is the paramount decision for the court when determining whether to grant bail for family violence offences?

A

The need to protect the victim of the alleged offence and their family members / protected persons

36
Q

What happens if a person on EM bail is served with a PSO?

A

If served with a PSO relating to the address which they are required to reside - they will be unable to remain there for the duration of the PSO.

Therefore, unable to comply with EM bail.

EM bail continuation at that address should be opposed..

37
Q

What 2 simultaneous actions should occur when a Police employee is involved in a Family Harm episode?

A

1) the normal police response

2) shift supervisor should refer the matter to the local Welfare Officer

38
Q

What must Police consider when a Police employee is involved in a Family Harm incident?

A

1) impact of criminal offending on the ability of an employee to remain a Police employee
2) the compatibility of an employee to continue as a Police employee - if convicted / found guilty of a family harm offence and/or being the respondent of a protection order.

39
Q

How long can a PSO be issued?

A

Up to 10 days

40
Q

PSO overview

A
  • immediate orders
  • PSO requires BOUND person to:
  • surrender any weapon
  • surrender firearms licence
  • vacate any labs or building occupied by a person at risk
  • regardless of whether bound person has a legal or equitable interest in it.
  • issued for up to 10 days.
  • enables PST to take immediate action when an investigation fails to establish evidence of an offence
41
Q

Does the person at risk need to consent to a PSO being issued?

A

No

42
Q

Who is a qualified Constable (re: authority to issue a PSO).

A

Sergeant or above.

43
Q

When can a PSO not be issued?

A

1) if charged for a family violence offence

(Bail conditions essentially serve the same purpose as a PSO)

2) to a child (needs to be aged 16 years old - or over).

44
Q

Can a PSO be issued if there is a protection order?

A
  • likely that behaviour will be a breach of protection order…

BUT

IF insufficient evidence to arrest - PSO can be issued

(this takes pressure off the protected person to protect themselves).

45
Q

Can a PSO be issued after arrest for a family violence offence?

A

Yes

If a person is arrested for a family violence related offence - but later determined that there is insufficient evidence to charge for that offence - a PSO can subsequently be issued.

46
Q

Factors to consider when deciding to issue a PSO:

A
  • welfare of any children
  • previous interactions with police
  • presence/history of drugs / alcohol
  • history of mental illness
  • propensity for violence
  • family harm history
  • parenting orders / protection orders
  • multi-agency plans in place etc
  • hardship (who will have family car, who is in charge of family finances and has eftpos card/money, financial ability for bound person to find alternative accommodation, child with disabilities to).
47
Q

When does a PSO come into effect?

A

Immediately

PSO’s come into force immediately after they have been served and continue in force for the period specified.

This period CANNOT exceed 10 days (TEN DAYS)

48
Q

What should you consider when deciding the duration of a PSO?

A

Starting point should be 24 hrs

Then consider

  • how long it will take family to access appropriate support.
  • weekends / public holidays (ability to access court to seek protection order etc).
  • hardship to family
49
Q

In what circumstances should a PSO be issued for longer than 5 days?

A
  • situations where there is a likelihood of serious harm occurring
  • where a protection order / related property orders are being sought
  • where victim relocation is being sought
50
Q

How long can you detain a person for the purpose of serving a PSO?

A

Up to 2 hours

  • 2 hour period commences when the Constable decides that a PSO is necessary (and seeks authorisation from a qualified Constable).
51
Q

What is the penalty if a person refuses to remain at the place they have been detained for the purpose of serving a PSO?

A
  • fine not exceeding $500

- arrested

52
Q

What happens if you can’t serve a PSO within 2 hours??

A
  • release the detained person
  • 48 hours to issue and serve order
  • if not served within 48 hrs - PSO expires
  • 48hrs commences from time qualified Constable authorises the issuing of the PSO
53
Q

What should the issuing officer do at the scene, after issuing a PSO?

A

Ring a family violence support agency

54
Q

What must you ensure the bound person does, after being served a PSO?

A
  • immediately surrenders all firearms or weapons (and a firearms licence)
  • vacated the land / property occupied by the person at risk.
  • if practical - obtain contact details for the bound person to discuss prevention options.
55
Q

Is breaching a PSO an offence?

A

No.

But can be taken into custody for breaching a PSO.

Must appear before the court with 24 hours.

56
Q

What happens if you arrest someone for breaching a PSO, and they can’t be brought before the court with 24hrs?

A

Release them and summons them to appear in court.

Arrest if fail to appear as summonses.

57
Q

If the bound person breaches a PSO - how long do you have to locate them to bring them into custody?

A

One month from the time of the breach to locate the person and bring them into custody.

Then 24hrs to bring them before the court.

58
Q

If a warrant to arrest has been issued for a person who has breached a PSO, and the person has not been located with min one month - what happens?

A

Matter must be brought back to court to seek leave to withdraw the warrant.

59
Q

When does the NIA alert expire for a WTA for a breach of PSO?

A

WTA alert expires Automatically after 10 days.

But the warrant remains active in court (needs to be withdrawn).

60
Q

What happens when the court is satisfied that a bound person has refused or failed to comply with a PSO?

A

Court May:

  • continue with existing order for its duration
  • issue another PSO not exceeding 10 days
  • adjourn so a district court judge can consider a temporary protection order.
61
Q

After a breach of PSO has been dealt with in court, how often must you try to contact the person at risk to update them of the outcome??

A

3x phone calls within 1 hour

4Q at the address

Update NIA to reflect action taken

62
Q

What action can you take if a bound person fails to remain while a PSO is issued?

A

Arrest

Penalty: fine not exceeding $500

63
Q

What effect does a PSO have on a parenting order?

A

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

64
Q

What are the exceptions relating to the bound person contacting the person at risk?

A
  • reasonably necessary in an emergency
  • permitted under a special condition
  • necessary in order to attend a family group conference
  • necessary to attend a proceeding before court (eg restorative justice conference)
65
Q

Can a PSO be issued to a child?

A

PSO can be issued to young persons aged 16–17 yrs

66
Q

When must police be involved in servicing protection orders?

A

1) respondent holds a firearms licence
2) respondent believed to be in possession of / have access to a firearm (whether or not they have a licence)
3) service assessed as a risk to server
4) protection order is granted without notice

67
Q

What happens to firearm licences when a protection order is sought?

A
  • on making protection order - firearms licence held by the respondent is deemed to be suspended
  • once order is final: licence is revoked

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