Children, Young Persons and their Families (Oranga Tamariki) & Family Harm Feb 2022 Flashcards
S214(1) does not apply when…
214(2)
RGTS CYP has committed cat 4 or 3 offence with max penalty 14yrs + AND
RGTB arrest is required in public interest
Authority to arrest a CYP under s214A must be obtained from who?
Youth Aid Sergeant or in their absence a Sergeant (or above) or qualified Youth Aid Officer.
In addition to the conditions in s214A, the law note also provides what additional condition to satisfy before arrest?
RGTB CYP is likely to continue to breach any condition of bail
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?
As soon as practicable and no later than 24 hrs
Who can decide to keep a YP in Police custody for more than 24 hrs?
Senior Sergeant or above AND OT
Under s236, what conditions have to be met to keep a CYP in Police custody for more than 24 hrs?
Likely to abscond or be violent AND
Suitable facilities are not available to the chief executive
How long can a CYP be detained in Police custody under s236?
More than 24 hrs and until appearance in Court
If a CYP is held in Police custody under s236, what has to be provided to Commissioner within 5 days?
Copy of the certificate AND
Written report stating circumstances AND duration of period YP has been detained or likely to be detained.
If you release a CYP on bail, how long do they have before they have to appear in court?
7 days
If a young person has been arrested and charged, can they then be released on a summons?
No
Who do you have to seek guidance from if opposing bail for a defendant aged 12-17yrs?
Youth Aid officer
What conditions have to be met to keep a child in custody for more than 24hrs?
There are no provisions.
An effective Police response to family harm is based on what principles?
Early intervention Culturally appropriate Safety Collecting risk info Accountability Working collaboratively
What is the minimum age for issuing a PSO?
16yrs
Max time period for a PSO
10 days
Can Acting Sgt issue PSO?
No
Max detention time for issuing PSO
2 hrs
If you haven’t issued PSO within 2 hrs and have released detained person, how long do you then have to serve it?
48 hrs
What is the time frame for bringing someone to Court for breach of PSO?
24 hrs. Otherwise summons.
If a bound person absconds after breach of PSO, how long do you have to locate and bring before Court?
1 mth
Who can approve a PSO for 16-17yr old?
S/Sgt or above who has consulted with OT
What sort of approach should be taken when considering a PSO for 16-17yr old?
Holistic
If a child fails to remain where they are detained for PSO, does s214 apply?
Yes, it’s a criminal offence.
Does s214 apply if a child breaches a PSO?
No, it’s not a criminal offence. It’s an arrest provision.
How long does someone have to surrender firearms after protection order is served?
24hrs
What mindset must be applied when serving protection orders?
Prevention first
Police must serve protection orders if…
Respondent hold FL or believed to be in possession of firearms
Service assessed as significant risk to server
Protection order granted without notice
