Chapter 1 - OT Act and Family Harm Flashcards
OT - s48
C/YP found unaccompanied by P/G/OP who usually has care for them in a situation where their physical/mental well being is likely to be impaired.
Detain and return to their P/G/OP if they agree. Otherwise pass into the care of OT.
OT - s208 Principles
Unless it’s in the public interest, don’t initiate criminal proceedings if the matter can be dealt with alternatively.
Criminal proceedings should not be initiated in order to provide assistance/services to advance the well being of the C/YP or family.
Any measures taken should be designed to strengthen the family and foster the ability for the family to develop their own means of dealing with the offending.
They should be kept in the community so far as is practicable and safe for the public.
Any sanctions taken should take the least restrictive form and are aimed at promoting and maintaining their development.
OT - s214 Arrest
Can arrest ww - WEEP.
Furnish a report to the Commissioner within 3 days.
Child/YP can be arrested for a Cat3/4 offence, 14yr+ or it is in the public interest to do so.
OT - s214A Breach of bail
CYP can be arrested ww -
CYP is released on bail and has breached a condition of that bail; and on two or more previous occasions has breached any condition of that bail.
OT - s234 Custody - following arrest
Subject to s235, 236 and 244.
- Release the CYP
- Release on bail
- Deliver into the custody of any P/G/OP; or with agreement from the CYP - into the care of Iwi services/Cultural social services; or Any other person approved by the CE or a constable.
OT - s235 - CYP arrested may be placed in custody of CE
Not withstanding s234 and subject to s244.
A CYP arrested must be placed into custody of the CE as soon as practicable and no later than 24hrs after arrest where -
- Constable RGTB - WEEP applies
Present the child to delegate and complete the required form.
OT - s236 - YP arrested may be detained in Police custody.
Not withstanding s234 and 235 but subject to s244.
A Snr Sgt+ are satisfied on reasonable grounds that
- A YP is likely to be violent or abscond and
- Suitable facilities for the safe detention of the YP are not available.
Complete the joint certificate.
May be detained for a period exceeding 24 hours and until appearance in court.
A copy of the cert to be furnished to the commissioner within 5 days + report outlining circumstances.
** No provisions to keep a child in police custody longer than 24hrs.
OT - s238 Custody of CYP pending hearing
Where a CYP appears in court.
- Release them.
- Release them on bail.
- Order them into the custody of a P/G/OP or person approved by the CE.
- subject to s239 - order into custody of CE, or a social service; or detained in police custody.
Family violence priciples
Early intervention
- Helps stop and prevent FH. Eyes wide approach.
Culturally appropriate
- Acknowledges cultures of those involved and provides appropriate solutions.
Safety - Ensuring all parties are safe and kept safe. Victims (paramount) Children Officers
Collecting risk information
- Specific risk information enables effective assessment, planning and risk management to victims and assists guiding decisions around offenders. Total concern for safety contributes to a multi agency risk score.
Accountability
- Holding offenders to account for their actions.
- Supportive interventions?
Working collaboratively
- Coordinate responses internally.
- External collaboration at multi agency table. enhancing sharing.
- Enables best support for families in need.
Attending a 5F involving police
Normal procedures apply
Welfare considerations for both parties and the shift supervisor should, where appropriate, refer the matter to the local welfare officer.
5F where police employee charged/convicted
Treated as any other member of public.
Reported immediately by the shift supervisor to the District Employee Practice Manager and Police Professional Conduct Manager who will advise the relevant District Commander/National Manager. CoC applies.
Welfare referrals for the victim and where appropriate, for the offender.
PPC and PNHQ to determine the employee’s suitability to continue working in their current role/if variation to their role is required.
Employees becoming respondents to a protection order
Regardless whether there is previous criminal history or not, police must treat the PO are a serious matter.
Officers who serve the PO on the employee must send a copy to their DC or National Manager.
Employees must notify their supervisor immediately who will notify HR Manager and PPC Manager. CoC process applies.
Employees application/respondent are encouraged to report to a welfare officer.
Applications to vary POs
The court can hear cases to vary the standard conditions of POs.
In rare cases police may consider assisting an employee with an application to vary the standard conditions relating to weapons.
Police must complete our own enquiries. Final decision made by the DCE People in consult with National Manager - CIB.
PSO examples of authorised contact by bound person
- reasonably necessary in an emergency
- under any special condition of any relevant PO
- necessary to attend an FGC
- necessary to attend a proceeding before a court/person acting judicially or to attend any matter that would be jointly attended ie restorative justice.
Issuing a PSO to children
A PSO may be issued against a 16 or 17 year old in special circumstances. It should be a last resort.
- RGTB - to help make a person at risk safe from serious violence, AND
- The total level of concern is HIGH in OnDuty, AND
- Approval from SnrSgt+ has been obtained, AND
- The authorising SnrSgt has consulted with OT.
