Children, Young Persons and their Families (Oranga Tamariki) & Family Harm Feb 2022

Question 1

S214(1) does not apply when…

Answer 1

214(2)
RGTS CYP has committed cat 4 or 3 offence with max penalty 14yrs + AND
RGTB arrest is required in public interest

Question 2

Authority to arrest a CYP under s214A must be obtained from who?

Answer 2

Youth Aid Sergeant or in their absence a Sergeant (or above) or qualified Youth Aid Officer.

Question 3

In addition to the conditions in s214A, the law note also provides what additional condition to satisfy before arrest?

Answer 3

RGTB CYP is likely to continue to breach any condition of bail

Question 4

Under s235(1), if a CYP has been arrested and is to be placed in OT custody, how long do Police have to do so after the arrest?

Answer 4

As soon as practicable and no later than 24 hrs

Question 5

Who can decide to keep a YP in Police custody for more than 24 hrs?

Answer 5

Senior Sergeant or above AND OT

Question 6

Under s236, what conditions have to be met to keep a CYP in Police custody for more than 24 hrs?

Answer 6

Likely to abscond or be violent AND

Suitable facilities are not available to the chief executive

Question 7

How long can a CYP be detained in Police custody under s236?

Answer 7

More than 24 hrs and until appearance in Court

Question 8

If a CYP is held in Police custody under s236, what has to be provided to Commissioner within 5 days?

Answer 8

Copy of the certificate AND

Written report stating circumstances AND duration of period YP has been detained or likely to be detained.

Question 9

If you release a CYP on bail, how long do they have before they have to appear in court?

Answer 9

7 days

Question 10

If a young person has been arrested and charged, can they then be released on a summons?

Answer 10

No

Question 11

Who do you have to seek guidance from if opposing bail for a defendant aged 12-17yrs?

Answer 11

Youth Aid officer

Question 12

What conditions have to be met to keep a child in custody for more than 24hrs?

Answer 12

There are no provisions.

Question 13

An effective Police response to family harm is based on what principles?

Answer 13

Early intervention
Culturally appropriate
Safety
Collecting risk info
Accountability
Working collaboratively

Question 14

What is the minimum age for issuing a PSO?

Answer 14

16yrs

Question 15

Max time period for a PSO

Answer 15

10 days

Question 16

Can Acting Sgt issue PSO?

Answer 16

No

Question 17

Max detention time for issuing PSO

Answer 17

2 hrs

Question 18

If you haven’t issued PSO within 2 hrs and have released detained person, how long do you then have to serve it?

Answer 18

48 hrs

Question 19

What is the time frame for bringing someone to Court for breach of PSO?

Answer 19

24 hrs. Otherwise summons.

Question 20

If a bound person absconds after breach of PSO, how long do you have to locate and bring before Court?

Answer 20

1 mth

Question 21

Who can approve a PSO for 16-17yr old?

Answer 21

S/Sgt or above who has consulted with OT

Question 22

What sort of approach should be taken when considering a PSO for 16-17yr old?

Answer 22

Holistic

Question 23

If a child fails to remain where they are detained for PSO, does s214 apply?

Answer 23

Yes, it’s a criminal offence.

Question 24

Does s214 apply if a child breaches a PSO?

Answer 24

No, it’s not a criminal offence. It’s an arrest provision.

Question 25

How long does someone have to surrender firearms after protection order is served?

Answer 25

24hrs

Question 26

What mindset must be applied when serving protection orders?

Answer 26

Prevention first

Question 27

Police must serve protection orders if…

Answer 27

Respondent hold FL or believed to be in possession of firearms
Service assessed as significant risk to server
Protection order granted without notice