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Sergeants CPK Aug 21 Syllabus > Children, Young Persons & Families > Flashcards

Children, Young Persons & Families Flashcards

1
Q

Who may apply for a place of safety warrant under section 39 of the OT Act?

A

A constable or the chief executive who suspects ill-treatment, neglect, abuse etc of a CYP

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2
Q

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?

A
  • 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
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3
Q

Who is a young person under section 48 of the OT Act?

A

Someone of or over the age of 14 but under the age of 18

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4
Q

Under section 48 of the OT Act, a CYP can be placed in the care of the chief executive until what time? (3)

A
  • 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
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5
Q

What principles should be considered before taking action against a CYP? (9)

A
  • 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
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6
Q

Police must not arrest a CYP except for what 6 reasons?

A
  • to ensure appearance
  • preventing that CYP from further offending
  • preventing loss or destruction of evidence
  • prevent interference with a witness
  • public interest
  • 14yr+ offence
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7
Q

After arresting a CYP without warrant, what must the arresting officer do within 3 days?

A

Write a report to the commissioner outlining the reason why

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8
Q

When can a CYP be arrested for breach of bail?

A

After the CYP has 2 or more previous breaches of bail (whether or not the same condition)

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9
Q

Before arresting a CYP under section 214A for breach of bail, who must authority be obtained from?

A

A youth aid sergeant or if not possible, a supervising sergeant or qualified Youth Aid Officer

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10
Q

What are 6 things that need to be explained to a CYP before questioning them on a suspected offense?

A
  • 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
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11
Q

If queried by a CYP being questioned, what must be re-explained to them?

A

Their rights or any part thereof

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12
Q

If a CYP is being questioned and a decision is made to arrest, what must be explained to them?

A

Their rights

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13
Q

If being questioned/arrested, when does a CYP’s rights not need to be explained to them?

A

If they were explained no longer than an hour ago

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14
Q

According to section 221 of the OT Act, what must be ensured in order for a CYP statement to be admissible in court?

A
  • 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
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15
Q

Who is eligible to be a nominated person under 222 of the OT Act?

A

A parent, guardian, adult family member or any other adult selected by the child

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16
Q

When may police refuse a child’s nominated person?

A
  • 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
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17
Q

When does section 221 of the OT Act (admissibility of CYP ststements) not apply?

A

When the CYP spontaneously makes an oral statement before the officer has had reasonable opportunity to comply with 221

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18
Q

Who should be notified of a CYP’s arrest/detention & location according to section 229 of the OT Act and when?

A

A person nominated by the CYP & as soon as practicable after the CYP arrives at the station

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19
Q

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

A parent, guardian or other person responsible for the care of the CYP

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20
Q

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?

A

Entitled - to visit the CYP
Explain - they CYP’s rights
Cannot - consult privately with the CYP

21
Q

What is the duty of a nominated person supporting a CYP if being questioned? S231 OT Act

A
  • 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
22
Q

After arrest, when (5) and in what time frame may a CYP be placed in the custody of the chief executive?

A

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
23
Q

When may a Young Person be held in police custody for more than 24 hours? (2)

A

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

24
Q

Police response to family harm is based on what 6 principles?

A
  • early intervention
  • culturally appropriate
  • safety
  • collecting risk information
  • accountability
  • working collaboratively
25
Q

If firearms/ FA license is seized as a result of a family harm episode, when must a report to the commissioner be made?

A

Within 3 days through the Bulletin Board Firearm Search & Seizure form

26
Q

How soon after being arrested for a breach of protection order may an offender be released on police bail?

A

No earlier than 24 hours after the arrest unless they appear in court during that time and court bail is imposed

27
Q

Who’s authority must be sought before releasing a family harm offender on bail?

A

A sergeant or above

28
Q

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?

A

The victim & their family’s safety

Safety plans already in place

29
Q

Who is a qualified constable under the family harm Act?

A

A substantive sergeant or above

30
Q

When is contact by a person bound by a PSO with the person at risk not a breach? (4)

A
  • 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
31
Q

When is contact by a person bound by a PSO with the person at risk not a breach? (4)

A
  • 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
32
Q

If a PSO is issued and there is a parenting order in place, what happens to the parenting order?

A

It is suspended until the PSO expires

33
Q

Who can a pso not be issued to?

A

A child unless 16 years or over & the order is justified by special circumstances

34
Q

How long may you detain a person for the service of a PSO?

A

For up to two hours from when the constable decides that a PSO is necessary

35
Q

If a person fails to remain for the service of a PSO, what can the outcome be?

A

Arrest & liable for max $500 fine on Summary Conviction

36
Q

Once a pso has been issued and explained to the bound person, what must you ensure they do immediately?

A
  • Surrender any firearms and f/a license

- Vacates the land or building occupied by the person at risk

37
Q

When a bound person has been taken into custody for breaching a pso, what must be done?

A
  • 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
38
Q

If a bound person has absconded after breaching a pso, how long do you have to locate them & bring them into custody?

A

One month from the time of the breach

39
Q

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?

A

2 hours

40
Q

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?

A
  • 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
41
Q

What is thr only offence (not complaint) relating to Police Safety Orders?

A

Failing to remain while a safety order is issued

42
Q

What 4 special circumstances need to be satisfied together before a PSO can be issued to a 16 or 17 year old?

A
  1. Reasonable grounds to belive that a PSO is necessary to make the person safe from serious Family Violence
  2. The SAFVR level of concern in OnDuty is “High”
  3. Approval has been obtained from a Senior Sergent or above
  4. The authorizing S/Sgt has consulted with OT re placement/ status
43
Q

When MUST police be involved in serving protection orders? (4)

A
  • 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
44
Q

What are the 4 core principles that guide police responses to Family Harm?

A
  • safety
  • information gathering
  • accountability
  • working collaboratively
45
Q

Under the Family Violence Act, what age is a “child”?

A

Under 18

46
Q

In the Family Violence Act, what is the definition of “family member”?

A

A person related by blood, marriage/civil union or adoption

47
Q

As defined by thr Family Violence Act, a person is in a Family relationship if they are…
(4)

A

… their spouse or partner
… a Family member
… ordinarily shares a household
… have a close personal relationship

48
Q

If a PSO is issued but not served, after what period does the order lapse?

A

48 hours

49
Q

When a protection order is served, how soon must the bird person surrender their firearms and firearms license?

A

As soon as practicable after service, but no later than 24 hours

Sergeants CPK Aug 21 Syllabus (11 decks)

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