Children, Young Persons & Families Flashcards
Who may apply for a place of safety warrant under section 39 of the OT Act?
A constable or the chief executive who suspects ill-treatment, neglect, abuse etc of a CYP
If utilizing the emergency entry power in section 42 of the OT Act, what is the threshold for using this and what are your obligations?
- believe it critically necessary to protect a child/YP from injury or death
- must produce evidence of identity and disclose powers are being excersized under this section upon entry to the place/dwelling/vehicle etc
- must within 3 days of use, notify the commissioner of the use of power and circumstances
Who is a young person under section 48 of the OT Act?
Someone of or over the age of 14 but under the age of 18
Under section 48 of the OT Act, a CYP can be placed in the care of the chief executive until what time? (3)
- the child agrees to being returned to a parent or guardian
- the CYP can be brought before the court after an application is made for Care and Protection
- 5 days after thr CYP was placed in custody or 3 days after the court found that they are in need of Care and Protection
What principles should be considered before taking action against a CYP? (9)
- unless in public interest, criminal proceedings should not be taken against a CYP if there are other options
- criminal proceedings should not be taken against a CYP in order to provide support services
- consequences for CYP should be designed to strengthen the family & assist thr family in finding their own ways of dealing with CYP offending
- if possible/ safe the CYP should be kept in the community
- the CYP’s age is a mitigating factor on whether to impose sanctions and what they are
- any sanctions should take the least restrictive form & should promote development in the family
- measures should be aimed to address underlying issues to the CYP’s offending
- CYP are entitled to special protection during any investigation
- consideration should be given to the victims views & encourage them to partake in the process
Police must not arrest a CYP except for what 6 reasons?
- to ensure appearance
- preventing that CYP from further offending
- preventing loss or destruction of evidence
- prevent interference with a witness
- public interest
- 14yr+ offence
After arresting a CYP without warrant, what must the arresting officer do within 3 days?
Write a report to the commissioner outlining the reason why
When can a CYP be arrested for breach of bail?
After the CYP has 2 or more previous breaches of bail (whether or not the same condition)
Before arresting a CYP under section 214A for breach of bail, who must authority be obtained from?
A youth aid sergeant or if not possible, a supervising sergeant or qualified Youth Aid Officer
What are 6 things that need to be explained to a CYP before questioning them on a suspected offense?
- they may be arrested if they refuse to give name & address
- they are not obliged to to accompany for questioning and may withdraw consent at any time
- not obligated to make a statement
- may withdraw consent to make a statement at any point
- any statement may be used in evidence
- they may make a statement in the presence of a lawyer and any nominated person
If queried by a CYP being questioned, what must be re-explained to them?
Their rights or any part thereof
If a CYP is being questioned and a decision is made to arrest, what must be explained to them?
Their rights
If being questioned/arrested, when does a CYP’s rights not need to be explained to them?
If they were explained no longer than an hour ago
According to section 221 of the OT Act, what must be ensured in order for a CYP statement to be admissible in court?
- rights explained in language that is appropriate for the understanding & age of the CYP first
- CYP must be allowed to consult a solicitor and a nominated person before making a statement
- statements must be made in the presence of a solicitor or nominated person
Who is eligible to be a nominated person under 222 of the OT Act?
A parent, guardian, adult family member or any other adult selected by the child
When may police refuse a child’s nominated person?
- When believed on reasonable grounds that the nominated person is likely to attempt to pervert the course of justice
- Or can not with reasonable diligence be located
When does section 221 of the OT Act (admissibility of CYP ststements) not apply?
When the CYP spontaneously makes an oral statement before the officer has had reasonable opportunity to comply with 221
Who should be notified of a CYP’s arrest/detention & location according to section 229 of the OT Act and when?
A person nominated by the CYP & as soon as practicable after the CYP arrives at the station
If the person nominated by a CYP to be notified of their location/arrest (s229 OT Act) is not a parent or guardian or the CYP refuses to nominated someone, who must then be notified?
A parent, guardian or other person responsible for the care of the CYP
When a person is notified that their CYP is arrested/detained for questioning, what are they entitled to do, must be explained to and cannot do?
Entitled - to visit the CYP
Explain - they CYP’s rights
Cannot - consult privately with the CYP
What is the duty of a nominated person supporting a CYP if being questioned? S231 OT Act
- Take reasonable steps to ensure the CYP understands their rights around making a statement
- To support the CYP before and during questioning & during a statement if one will be made
After arrest, when (5) and in what time frame may a CYP be placed in the custody of the chief executive?
Within 24 hours
- to ensure appearance at court
- to prevent further offending
- to prevent loss to evidence
- to prevent interference with a witness
- arrested for 6D & likely to continue breaching
When may a Young Person be held in police custody for more than 24 hours? (2)
When a S/Sgt or Inspector & Chief Executive are satisfied that the YP is likely to abscond or be violent
&
There are no suitable detention facilities available
Police response to family harm is based on what 6 principles?
- early intervention
- culturally appropriate
- safety
- collecting risk information
- accountability
- working collaboratively
If firearms/ FA license is seized as a result of a family harm episode, when must a report to the commissioner be made?
Within 3 days through the Bulletin Board Firearm Search & Seizure form
How soon after being arrested for a breach of protection order may an offender be released on police bail?
No earlier than 24 hours after the arrest unless they appear in court during that time and court bail is imposed
Who’s authority must be sought before releasing a family harm offender on bail?
A sergeant or above
When deciding whether to oppose bail in family harm cases,the prosecutor must consider, in addition to s8 of the Bail act, what 2 things?
The victim & their family’s safety
Safety plans already in place
Who is a qualified constable under the family harm Act?
A substantive sergeant or above
When is contact by a person bound by a PSO with the person at risk not a breach? (4)
- reasonably necessary in an emergency
- permitted under conditions of any relevant protection orders
- necessary in order to attend a Family Group Conference
- necessary to attend a court proceeding eg restorative justice etc
When is contact by a person bound by a PSO with the person at risk not a breach? (4)
- reasonably necessary in an emergency
- permitted under conditions of any relevant protection orders
- necessary in order to attend a Family Group Conference
- necessary to attend a court proceeding eg restorative justice etc
If a PSO is issued and there is a parenting order in place, what happens to the parenting order?
It is suspended until the PSO expires
Who can a pso not be issued to?
A child unless 16 years or over & the order is justified by special circumstances
How long may you detain a person for the service of a PSO?
For up to two hours from when the constable decides that a PSO is necessary
If a person fails to remain for the service of a PSO, what can the outcome be?
Arrest & liable for max $500 fine on Summary Conviction
Once a pso has been issued and explained to the bound person, what must you ensure they do immediately?
- Surrender any firearms and f/a license
- Vacates the land or building occupied by the person at risk
When a bound person has been taken into custody for breaching a pso, what must be done?
- they must be brought before the court within 24 hours (if not possible, release after 24hrs & summons to appear)
- make a complaint to the court requesting that a new order is made under s45
If a bound person has absconded after breaching a pso, how long do you have to locate them & bring them into custody?
One month from the time of the breach
If a new or substituted PSO is issued by the court, how long is the holding period in custody for service by the constable or officer of the court?
2 hours
When a breach of PSO complaint goes through court and the PaR is not present at court, what 3 steps should be taken to notify them of the outcome?
- making 3 attempts of phone calls within 1 hour
- then sending a local unit to complete a 4Q
- update the NIA records to reflect actions taken
What is thr only offence (not complaint) relating to Police Safety Orders?
Failing to remain while a safety order is issued
What 4 special circumstances need to be satisfied together before a PSO can be issued to a 16 or 17 year old?
- Reasonable grounds to belive that a PSO is necessary to make the person safe from serious Family Violence
- The SAFVR level of concern in OnDuty is “High”
- Approval has been obtained from a Senior Sergent or above
- The authorizing S/Sgt has consulted with OT re placement/ status
When MUST police be involved in serving protection orders? (4)
- The respondent holds a firearms license
- The respomdent is believed to be in possession of firearms (whether licensed or not)
- Service is assessed as being high risk to the server
- The protection order is granted without notice
What are the 4 core principles that guide police responses to Family Harm?
- safety
- information gathering
- accountability
- working collaboratively
Under the Family Violence Act, what age is a “child”?
Under 18
In the Family Violence Act, what is the definition of “family member”?
A person related by blood, marriage/civil union or adoption
As defined by thr Family Violence Act, a person is in a Family relationship if they are…
(4)
… their spouse or partner
… a Family member
… ordinarily shares a household
… have a close personal relationship
If a PSO is issued but not served, after what period does the order lapse?
48 hours
When a protection order is served, how soon must the bird person surrender their firearms and firearms license?
As soon as practicable after service, but no later than 24 hours
