Chapter 1.2: Family Harm Flashcards
Under the EA 2006 and 82 of Criminal Procedure Act Police can do what?
Get evidence sworn which can later be used. It can be sworn on the same day thus lessening likelihood they will change it later.
What can you do under Section 106A EA?
Allows adult FV complainant to give evidence in chief by video recording made before the hearing. Must be made within 2 weeks of incident.
Where offending is disclosed and actions other than arrest are contemplated you must consult who?
Supervisor. Also FV Coordinator and FH Specialist who may have relevant info known through multi agency tables
What should you take particular care with?
Where prima facie evidence indicates violence by both parties as some action may be self defence
Is a formal complaint required from the victim for you to arrest or file charges?
No. However their response and wishes should be listened to and noted. Explain reasons.
Where there is insufficient to charge but you have victim or child concerns you should do what?
Consider if it’s appropriate to issue PSO
You shouldn’t do what where there is insufficient to prosecute?
Give warnings
When considering what charges are appropriate what should you take into account?
Don’t minimise Ensures it reflects essential nature of their offending Ensure evidence will provide reasonable prospect of conviction Continuing risk to victim
When choosing appropriate charges it’s important to note what?
That serious charges will qualify for a strike
What guide may assist you to determine the most appropriate charge?
How and when you charge makes a difference guide
What must you do where a BOPO or related ppty order has occurred?
Charge them with the breach Not release on police bail for 24 hrs or until court
Is an offender bailable as of right for BOPO?
No (pursuant to 7(2) Bail Act 2000)
When considering police bail for defendant charged with FV offence the primary consideration is what?
Need to protect victim, family, all protected persons
When deciding whether to grant police bail primary considerations are what?
Safety Linking to support and services Need for cooling off period
Who can authorise police bail for FV defendant?
Supervisor of above level of Sgt
An OTB must fit what criteria?
That detailed in S.8 which includes whether there is a risk to victims, family, protected persons
Bail conditions should always be tailored so they are what?
Specific and relevant to defendant’s risk and/or alleged offending
Should a defendant in FV related cases be bailed to the victims address?
Only in exceptional circumstances
If a person on EM bail is served with a PSO relating to that address, can they remain?
No they will be unable to comply with standard condition 5 of their bail bond. Consider opposing continuation of EM bail to that address.
What is an essential element of the police approach to reducing FH and FV offences?
Interagency approach
Support agencies must operate within the framework of what?
One victim - one referral; disclosure of their info to subsequent agency is permitted in certain circumstances, ie: where RGB further disclosure is necessary to ensure highest level of support Must respect privacy
What are PSO’s
Immediate orders issued by qualified constable (or const authorised by) at FH episode
What do PSOs require a bound person to do?
Surrender weapons Surrender FLICNO Vacate land/building of person at risk (regardless of they have legal or equitable interest)
How long can they be issued for?
Up to 10 days
PSOs enable front line officers to do what?
Take immediate action to protect when investigation fails to establish sufficient evidence of offence Provides time for person at risk to seek support Bound person cools down & can also seek support
The police FH policy and procedures and requirement to complete FH investigation in On duty only applies where?
Parties involved are or have been in intimate partner relationship or are family members
PSOs can be considered and issued in all responses to FH episodes when the parties involved are what?
In any family relationship
Is a person at risk’s consent required when issuing a PSO?
No
Who is a qualified constable?
Of or above Sergeant (Or otherwise appointed under S.63 Policing Act)
In addition to immediate effects of a PSO the bound person must not…
Engage in FV Make contact not authorised Encourage others to engage in behav or make contact that is prohibited
Where is contact authorised and not in breach?
Emergency Permitted under special condition Nec to attend FGC or court proceeding or joint attendance such as RJ
If a bound person is a party to a parenting order or agreement can they still continue with this?
No, it is suspended
If insufficient evidence for FV offence is found against a person can they still be issued with a PSO
Yes
If a person is charged for FV offence can you issue with PSO
No. Bail conditions have same effect
Can you issue a PSO to a child?
Only if they are aged 16 and above and order is justified by special circumstances
What should you do ‘re PSO where PO is in place?
Try to obtain sufficient evidence to arrest for BOPO but can serve if insufficient for arrest. Seek advice from supervisor or FVC/FHS
What are factors to consider when deciding to issue a PSO?
Total concern for safety Whether likely person has inflicted/ing/will inflict FV Welfare of children Hardship Any other relevant matters
What else should you consider when issuing PSO?
Prior contact with Police Mental illness Alcohol drug abuse Propensity for violence FH history Prior parenting orders, PSOs, PO’s Multi agency plans in place from prior incidents Whether they are engaged in support services
In considering hardship what should you consider?
Who will have family car In charge of family finances/holds $$ Alternative accomm/transport Whether child has disability/illness
‘Re parenting orders what must you do when considering whether to issue a PSO?
Whether anyone holds or in process of obtaining a parenting order (partic bound person against at risk person) Should inform FVC/FHS if parenting order in place
What should be considered when deciding the duration of a PSO?
Factors set out when deciding whether to issue AND Hardship
As a starting point should consider what duration? Then what other relevant considerations?
24 hours Weekends, public hols, access to court (affect access to services) How long it will take for family to access services and make arrangements
PSOs issued for longer than 5 days are used only for what?
Situations where there is a likelihood of serious harm occurring Where protection and related ppty orders is being sought Victim relocation being sought
Supervisors who aren’t qualified to issue PSO should obtain approval from who?
Comms supervisor, custody Sgt or DCC supervisor
In regards to decision making what do you need to do?
Document it in On duty or via notebook
How long can you detain for PSO to be issued and authorised?
2 hrs. Commences when constable decides PSO is necessary and seeks authorisation
What else may you do when issuing PSO
Remove person from premises and to police station etc during detention if necessary
What happens where a person refuses to remain at a place where they are detained?
Commit a summary offence and may be K9’d
If you’re unable to issue and serve PSO within 2 hours what must you do?
Release detained person. Then have 48 hrs to issue and serve order. 48 hrs commences when PSO is authorised
What other steps should you take in regards to a protected person?
Contact support services to assure immediate safety If required, advocacy for person at risk arranged asap Support and place arranged for bound person Should ideally ring a FV support agency as part of safety plan
What should you do when PSO is served?
Fully explain to both parties nature, duration and effect of PSO. Consider using liaison officer S.42 Risk and needs assessment (round table?) Capture and issue PSO in On duty or calling CRL (can’t be entered into nia) Make sure all firearms and FLICNO are surrendered Vacates land building. Obtain contact details of bound person Consider invoking S.18 (3 days) Contact agencies Complete 4C, ensure copy of PSO is in NIA, link/notify FVC/FHS
When should police contact person at risk while PSO in place?
Within 24-48 hrs to check for breaches and ensure they know what constitutes a breach
Unless impractical to do so police should also do what if bound person is considered high risk?
Re-visit bound person to offer support and ensure they understand PSO
Is breaching a PSO an offence? Can they be K9’d?
No Yes if RGB they have refused or failed to comply (may use reasonable force)
If bound person taken into custody for breaching PSO you must do what?
Bring them before court within 24 hrs Make complaint to court requesting it makes order under S.45
If person can’t be brought before court within 24 hrs at/before expiry you must do what?
Release and summons (can be K9’d if FTA on summons)
If you breach someone for PSO what happens to the original PSO?
Remains in existence for duration of original issue
It is important to advise a bound person of what when they have breached?
That they are being detained or are being taken into custody. Must be advised of reason.
Where the bound person has absconded after breaching you must capture this where?
In on duty or advise CRL
How long have you got to locate person who has breached and bring them into custody?
One month. Then 24 hours to bring before court.
Can you apply to the court for a WTA for a PSO breach?
Yes. Under s.51 and it must be recorded as an alert in NIA
A warrant provides for what?
Power of entry using reasonable force if you have reasonable belief that bound person is at specific address
After executing WTA you must then what?
Bring them before court ASAP Make complaint to court in prescribed form
What happens if you don’t locate within a month after WTA has been issued?
Matter must be brought back to court to seek leave to withdraw warrant (As significance of breach and sanctions become less relevant)
What must he done in filing complaints for breaches?
Using Pol2142 in NIA and must be sworn at court by the constable named on the complaint
If the court is satisfied that bound person has refused or failed to comply with PSO the court may what?
Continue with existing PSO Direct another to be issued (no more than 10 days) and served asap If expired, direct another PSO Adjourn so DCJ can consider if temporary protection order should he issued
Who will issue court directed PSO? They must do what?
Officer of court or if not present, constable or prosecutor (If a constable) Follow procedures when orders are served (2 hrs to hold in custody for new order to be completed and served and capture on on duty/CRL)
What should you do in terms of the person at risk ‘re court decision if they’re not at court?
Contact (Make 3 attempts within 1 hr) Then… Send unit to do 4Q Update NIA IT IS DISTRICT’S RESPONSIBILITY!!!
What is the only offence relating to PSOs?
Failing to remain while PSO is issued (Cat 1 offence)
When can a PSO be issued to a child?
16 or 17 Justified by special circumstances - RGB necessary to help make family etc safe from serious FV AND total level of concern is high AND approval by Snr Sgt or above AND SS has consulted with OT SHOULD BE LAST OPTION
What is the decision making process when determining whether PSO should be issued to 16 or 17 year olds?
Consider K9 under S.214 if appropriate Identifiable offence - consider YA referral No offence - involve family in alternative action Consider issue and duration Determine special circumstances Complete 5F, follow joint guidance from Police and OT, record decision making, justifications etc, fully inform everyone, update NIA with relevant info
Matters guiding issue and duration for PSO on 16 or 17 year olds
Whether they are: Inflicted/Inflicting FV/will inflict Welfare of children Hardship Also consider: Advice from OT ‘re C & P Where they can live (incl views of family where poss) Harmful placements Prior police contacts Mental illness/disabilities Alcohol/drugs Safety planning ‘re immediacy Existing orders (ie bail) Unintended consequences on if PSO not issued Risk & safety planning
The duration of order for 16, 17 years must be what?
Least restrictive amount of time possible. Means it will be more effective and have minimal unintended consequences
Any decisions on duration and how conditions are communicated and how support is put in place must what?
Consider individual circumstances and context of each child taking theirs and their family’s views into account
You may detain a child for how long to issue PSO? Do you have to comply with S.214?
2 hrs No as it doesn’t trigger a power of arrest but BOR still apply
Can you move child to police station while they are being detained while PSO being authorised/issued?
Yes. Can’t exceed 2 hours.
Can you K9 child for failing or refusing to remain under PSO?
Yes. Must comply with S.214 Dealt with in Youth Court
What happens when a 16, 17 year old breaches a PSO
Same as adult. Not a criminal offence but may be taken into custody for period no longer than 24 hrs to be brought before DC. Or summonsed. Should advise they are being taken into custody and why. S.214 doesn’t apply but good practice to consider. Child may be taken into custody in same way as adult and can use reasonable force but use discretion! Or WTA could be issued (but unlikely).
Police must serve PO under what circumstances?
Respondent holds FLICNO
Believed to be in possession of/have access to firearms
Significant risk to server
PO granted without notice
When serving PO Police will ensure what?
Robust info sharing, collaborative risk assessment and safe service delivery will be developed/implemented in conjunction with courts
Demand surrender of all firearms and FLICNO
Staff safety of paramount importance
Inform victim
All breaches taken seriously - prosecute
A PO automatically affords protection to who?
A YP aged 18+ (adult child) remains protected by the order until what?
- Applicant
- Any child of the applicant’s family
- Particular person with whom the applicant has a family relationship.
They leave home or the order is discharged. If not living with applicant they must be identified on the order as a specified person or apply to court as protected person.
What age must respondents be in a PO?
16 years and over.
If over 16 must be justified by special circumstances.
Violent children or young persons should be dealt with under the provisions of what?
OT Act 1989.
Who issues PO?
They are a civil remedy issued by the FC and can only be discharged by the Court.
Can PO issued by foreign courts be registered in NZ?
Yes.
Can the District Court issue PO?
Yes, eg: if they’re satisfied that a person has refused or failed to comply with a PSO, a temporary PO can be issued without app being made and without parties being in court (Judge must be satisfied victim doesn’t object).
How long can a respondent be detained if it is determined a temporary PO is to be issued?
2 hrs
Can the District Court issue a final PO?
When sentencing for a FV offence if satisfied it is necessary for victim’s protection and victim does not object
It is a condition of every PO that the respondent must not:
engage in FV behaviour
make unauthorised contact with PP
encourage anyone else to engage in such behaviour/contact
From 1 July 2019 the definition of FV has been widened to include what?
- Ill-treating a house pet or other animal that is important to someone in their family.
- Harrassing behaviour (ie: loitering)
- Disrupting the care of someone who needs it because of age, disability, health condition
- Pattern of behaviour
- Coercive, controlling behaviour
- Dowry-related abuse
Can a PP suspend or reinstate the standard no-contact conditions of a PO as a result of a respondent’s behaviour?
Yes, any number of times.
When is contact not in breach of the standard non-contact conditions?
Reasonably necessary in an emergency
Permitted under conditions, ie: contact, care, custody CYP
Permitted under special conditions
Necessary to attend FGC
Necessary to attend court proceedings
If a protected person wants contact with the respondent what must they do?
Can they change their mind?
Give written consent by email, letter, text, digital message.
Yes. They can withdraw consent at any time in any way (don’t need to give it in writing).
Under special conditions relating to contact, consent and withdrawal of consent may be given by who?
By a person specified on behalf of the protected person.
Is non-compliance of a direction to undertake an assessment for a non-violence programme/prescribed service and attend an offence?
Yes if no good reason not to (6 months/$5K)
Bob is an associated respondent in a PO with Doug. Do the same conditions apply equally to both?
Yes.
When must a respondent of a PO surrender their firearms and FLICNO (if applicable)
As soon as practicable after the PO is served and within 24 hours
and
On demand, made at any time by a Constable.
On the making of a PO any FLICNO held by the respondent are deemed to be what?
When PO is final?
Suspended.
Revoked.
Issue of a FLICNO should never be approved by police while there is a PO against the applicant.
If prosecuting for offences against a respondent who was issued with a PO under the old Act, you should ensure what?
If through the course of your investigation etc you become aware that the respondent of a non-violence order has a FLICNO, you must do what?
That the orders were still valid when the FV Act 2018 came into force.
Notify an inspector or above to consider revocation.
What are the core principles that guide effective Police responses to family harm?
Safety
Info gathering
Accountability
Working Collaboratively
Respondents who fail to surrender all firearms in their possession on demand or their FLICNO under S.21 may be what?
Be arrested for BOPO.
The officer who serves a PO must do what?
- Without delay given notice to nearest OC station
- Ensure victim is contacted (put in NIA)
- Forward notice of service to Family Court either in hard copy or electronically
- Record
- Ensure PO (incl copy of PP’s affidavit) is deleted from the Police file record once served (due to Privacy Act)
Case Law: Police v Elliot
(Consent to remain on ppty)
Court held that the police had not allowed a reasonable amount of time and dismissed the charge.
Case Law: Senior v Police
(Using FB to abuse former partner)
Court held that S was reckless and deliberate to put very strong personal abuse directed towards a former partner on FB where it could be read by a large number of friends who would inevitably have contact with protected person.
Don’t have to be FB friends for breach to occur so don’t require direct evidence the abuser intended the PP to see or hear abuse.
