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Sexual Offences > Child Protection and ASAI > Flashcards

Child Protection and ASAI Flashcards

Learn information pertaining to child protection and ASAI

1
Q

What is the acronym for the 10 steps?

A

RIGA and PCR and P to the double CC

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2
Q

What does each 10 step mean?

A 
R- record the incident, event or occurrence. 
I - Initial attendance 
G - Gather and process forensics 
A - Assess and link cases. 
P - Prioritise Case 
C - Case management 
R - Resolution decision and action 
P - Prepare case 
C - Court Process 
C - Case disposal
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3
Q

What is the definition of child abuse?

A 
The definition under the Oranga Tamariki Act 1989 is 
7 main points + 3 
1) Physical 
2) Emotional 
3) Sexual 
4) Neglect 
5) Ill Treatment 
6) Abuse 
7) Deprivation 
\+
PRESENCE OF UNSAFE ENVIRONMENTS
CYCBER CRIME EXPLOITING CHILDREN 
CHILD TRAFFICKING
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4
Q

Define Sexual abuse?

A

Sexual abuse is an act involving circumstances of indecency, sexual violation or using a child in the making of sexual imaging

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5
Q

Define Physical abuse? (NAI)

A

The action of the offender that result in or could potentially result in physical harm or injury being inflicted on a child . (Determined by Action, injury and circumstances) The following offences may result by Police - Assault on a child s194(a) (14yrs) or s188-204B

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6
Q

What does DSAC stand for?

A

Doctors Sexual Abuse Incorporated.

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7
Q

what does IJIP mean?

A

Initial Joint Investigation Plan - this is an agreement between Police and Oranga Tamariki with Police as the lead.

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8
Q

What points are covered in IJIP?

A 
SAMMJ
S - Safety 
A - Any further/future action agreed
M - Managed interview 
M - Medical referral 
J - Joint visit 
Also the collection of further physical evidence such as photographs.
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9
Q

What is the IJIP process?

A

8 Points RIP ACR FN

1) Review
2) Initial assessment of seriousness
3) Police contact CPP
4) Agree IJIP
5) Confirm CPP case and assign
6) Record CPP case
7) Follow agreement meet and review
8) Not CPP case record in NIA how it was dealt with

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10
Q

What are the initial steps that Police must follow in a child abuse investigation?

A

1) Referral
2) Consultation
3) Agreement leading to an IJIP.

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11
Q

What are the three categories for urgency pertaining to child abuse cases?

A

Critical (Under 24 Hours)
Very urgent (48 hours)
Urgent (7 Days)

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12
Q

What are thee three categories for urgency pertaining to adult sexual abuse cases?

A

Acute -
Non acute
Historic

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13
Q

What are the ingredients for attempts?

A 
EAT HATS DAILY 
s72 C.A. 1961 
Everyone 
Having intent to commit an offence 
Does or omits an act for the purposes of accomplishing his objective.
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14
Q

Define Neglect?

A

Is when a person ill-treats or neglects a child or causes or permits the child to be ill treated in a manner likely to cause bodily harm, injury to healthor mental disorder or disability. The ill-treatment or neglect must be serious and avoidable.

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15
Q

Define s59?

A

Basically these are the defences for upright prudent members of the community. “parental controls”
There are 4 of them
1) Preventing or minimising harm to a child.
2) Prevent criminal abuse or offence.
3) Preventing or continuing to engage in offensive or disruptive behaviour.
4) Performing the normal daily tasks that are incidental in good care and parenting. Okay

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16
Q

What is a victim?

A

Under s4 V.R. Act 2002
1) A person an offence has been committed againist.
2) A person who, through or by means of an offence committed by another person suffers, physical injury, loss of or damage to property.
3) A parent or legal guardian of a child or young person whom falls in paragraph 1 or 2. Unless the parent or legal guardian is charged with,
- the commission of an offence
- convicted
- Found guilty
- pleads guilty
4) A member of the immediate family of a person who as a result of an offence committed by another person dies or is incapable unless that family member is,
- The commission of the offence
- Convicted
- Found guilty
- Pleads guilty
5) Emotional harm
(Short version - a person who against an offence has been committed by another person may also include, parent or legal guardian of a YP)

17
Q

What are the methods for making contact with Oranga Tamariki for a CPP?

A

1) Email CPP POL350 electronically from Police forms.
2) Email from OT to Police comms reverse.
3) The On-duty platform.
4) A phone call to 0508 FAMILY

18
Q

What is the three steps that Police and Oranga Tamariki must follow?

A

1) REFERRAL
2) CONSULTATION
3) AGREEMENT

19
Q

What are the rules when questioning a child?

A

1) If the child has made a clear disclosure to an adult that adult can give you the information. Do not ask the child.
2) If you are unsure what child has said and there are no safety concerns do not question further.
3) Last resort after a TEDS question that it becomes apparent that an offence has occurred do not question further. Must leave for specialist.

20
Q

How do you determine whether CPP case meets the threshold for physical abuse?

A

Three things are

1) The action. (strangulation or shaking)
2) The injury inflicted. (Bone fracture or burn)
3) The surrounding circumstances.

21
Q

Define the surrounding circumstances of a a case that would warrant a CPP referral?

A 
Vulnerability
Multiple offenders
History of abuse 
Degree of violence 
Offenders history
Location of incident 
Nature and level of concern from notifier
22
Q

What advice would you give to a sexual assault case pertaining to trace evidence?

A
  • No eating or drinking.
  • No going to the toilet - use toxicology kit to collect and no wiping.
  • No washing or showering
  • No washing hands or biting finger nails.
23
Q

What points to should you cover with the victim when explaining the medical examination procedure?

A

1) Conducted by a medical practitioner that is a specialist trained for examining sexual assault victims’
2) The process should take about 2-3 hours from the time it starts.
3) Benefits include potential physical, sexual and mental health. Help Police investigate further.
4) Preference for gender of examiner?

24
Q

When interacting with victims of sexual offences what actions should you take to provide a safe an secure environment so that they can regain control of their lives

A 
CALM TEA 
C - conduct to be sensitive 
A - Accept that they are telling the truth
L - listen
M - medical attention

T - Treat courteously
E - Explain process
A - Advise counselling process

25
Q

What three thing should you consider if physical abuse is serious and meets the threshold for CPP?

A

The action
The injury
The surrounding circumstances

26
Q

List examples of Police responsibilities to victims and their rights?

A
  • All obligations under the Victims Rights Act completed.
  • The victim must be given progress of the investigation.
  • The victim must be kept updated and informed of the outcome of the investigation including no further lines of enquiry or the reason for the charges to be filed
  • As soon as arrested, charged by Police need to determine needs to be on the VNR s 29.
27
Q

Explain child centred timeframes?

A

Timeframes that a relevant to the child’s age, cognitive development. The younger the child the faster response required. Example of 5 years a week is a long time but an other child say 16 several weeks would be okay to recall.
Critical 24
Very urgent 48
Urgent 7 days

28
Q

Discuss the penalty and provisions set out in in s128B C.A. 1961?

A

NOT EXCEEDING 20 YEARS IMPRISONMENT
IMPRISONMENT SHOULD ALWAYS BE IMPOSED UPON CONVICTION UNLESS THERE ARE SPECIAL CIRCUMSTANCES THAT JUSTIFY A DEPARTURE FROM THE RULE.

29
Q

Discuss that statutory defence for s134 C.A. 1961

A

It is a defence under s134 C.A. 1961 that the person charged.

a) Too all reasonable steps to ascertain the victims age confirming that they were over 16.
b) At the time of the sexual act concerned that he/she believed the victim was over 16 years old.
c) That the young person consented to the connection.

30
Q

Define sexual conduct with a child under 12?

A

Sexual connection with a child under 12 may arise in the following three scenarios

  • Sexual connection covered unlawful sexual connection rape and unlawful sexual connection.
  • Attempted sexual connection
  • Indecent act
31
Q

Discuss if a 16 year old girl can be charged with having consensual sex with a boy 14 years old?

A

On the face of it yes but the defence will need to be pulled apart or negated. That no reasonable steps, no belief consent has been obtained. Then all other ingredients pertaining to the connection would have to be satisfied.

32
Q

Define an indecent act

A

Is an act accompanied by circumstances of indecency.. They are usual consensual acts and may include assaulting a child.

33
Q

s103 application grounds are?

A
  • age and maturity
  • Physical, intellectual, psychological or psychiatric impairment of the witness
  • Witness fear of intimidation
  • Linguistic or cultural background
  • Nature of proceeding
  • The relationship of the victim to the offender
  • The relationship to the victim to any party of the proceeding.
  • The absence or likely absence of the witness from NZ
  • Any other grounds that are likely to promote the purpose of the act
34
Q

What is psychological abuse

A
  • Cause or allow the child to see or hear physical, sexual psychological abuse of a person with whom the child has a domestic relationship with.
  • puts that child or allows that child to be put at real risk of seeing or hearing that abuse occurring.

Note the subject of the abuse like the female is not liable,

35
Q

What powers can I remove a child under?

A

When there is time 39 in the pooh section 42

1) S 42 OT Act 1989 believe on reasonable grounds that it is critically necessary to prevent injury or death
2) s 39 OT Act 1989 Place of safety warrant (normally OT for this) warrant to remove.
3) s 40 OT Act 1989 When the court is satisfied a child in ned of care or protection it may issue a warrant to have the child removed.

36
Q

What does the Crown must prove pertaining to consent.?

A

1) intent to commit the act.
2) That the complaint did not consent.
3) That the offender did not believe on reasonable grounds that the complaint was consenting.
4) If the offender believed that the complaint was consenting the grounds for such a belief were unreasonable.

37
Q

What is a SCWI?

A

Specialist Child Witness Interview.

Sexual Offences (5 decks)

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