Community Flashcards
What is section 7 of the Victim Rights Act 2002?
Treat victims with courtesy and compassion and respect their dignity and privacy
When is someone defined as a victim (s4) only for the purpose of section 7 and 8 of the Victim rights act 2002
- person who suffers any form of emotional harm due to an offence
- parent/ legal guardian of u/18 who suffers emotional harm
- person who has experienced family violence
- person u/18 residing with person who has experienced family violence
Who is a victim under section 4 of Victim rights act 2002?
- a person who has an offence committed against them
- a person who suffers physical injury, loss or damage of property by another person committing an offence
- a parent of u/18 person who has one or both of the above occur to them, unless guardian is charged/ convicted of/ guilty of offence
- an immediate family member of a person who dies, or is incapable as a result of an offence cause by another person (unless guilty of offence)
Also those who suffers emotional harm, are parent of this person, experience family violence or u/18 who resides with person experiencing family violence- section 7 & 8 only!
What is section 29 of the Victim Rights Act
Outlining who is defined as a victim of specified offences: offences sexual in nature, serious assault, serious injury, or if victim has ongoing fears for their own/ families safety
What is the VNR?
Victims notification register: allows victims of specified offences (S29) to be kept up to date regarding;
- bail release (inc t&c of bail)
- hearing date for parole
- release from prison
- home detention
- escapes from prison, dies in prison, compassionate release, breaches parole, any additional outcome when in hospital
Who can apply for VNR?
Victims who come under section 29 of the Victim rights act 2002 (victim of specified offence)
What is the Sentencing Act 2002 s9 (1) (h)
States the court must take ‘aggravating factors’ into account when considering sentencing for any offence that is motivated by hostility towards a group of persons who have an enduring common characteristic (eg. Race, religion, sexual orientation)
What’s an example of evidence of hate motivation?
Exact language, symbols used or actions during an interaction motivated by hate
What is a hate crime?
An offence which is perceived by the victim or any other person to be motivated by a hostility or prejudice based on a persons particular characteristics (eg. Race, religion, sexual orientation)
What is a hate incident?
An act motivated by bias or prejudice but doesn’t meet the threshold (elements) of a crime
What is the definition of a mental disorder?
Abnormal state of mind + serious danger of self/ others OR incapable of self care
What is a restricted and special patient?
Restricted patient: subject to a compulsory treatment order and are considered a danger to the public.
Special patient: detained by way of court order and found criminally insane/ unfit to plead (mental health + criminal law)
What is section 109 of the Mental Health (Compulsory Assessment and Treatment) Act 1992?
Any members of the police may apprehend any person wandering at large in a public place and behaving in a manner that gives rise to a reasonable belief that he/ she may be mentally disordered and the member believes it is interest of the person or public to do so.
What is section 41 of the Mental Health (Compulsory Assessment and Treatment) Act 1992?
Any member of police called soon by DAO may enter the premises by force if necessary AND detain person in premises until assessment examination has been conducted (max 6 hours) OR take person nominated by DAO for medical examination or assessment examination and detain while examination is conducted
What is section 110 of the Mental Health (Compulsory Assessment and Treatment) Act 1992?
Authority of doctor: Any member of police may enter the premises by force if necessary AND detain person in premises until assessment examination has been conducted (max 6 hours) OR take person nominated by mental health practitioner for medical examination or assessment examination and detain while examination is conducted
What is section 122B of the Mental Health (Compulsory Assessment and Treatment) Act 1992?
Use of force
What is section 223 of the Oranga Tamariki Act 1989?
An exception to section 221: an oral statement made spontaneously by a child/ young person BEFORE police have had reasonable opportunity to comply with the requirements of the act
What is section 221 of the Oranga Tamariki Act 1989?
Admissibility rule: no statement made by a child or young person is admissible UNLESS
- rights/ caution explained
AND
- child/ young person allowed to consult with lawyer/ nominated person
AND
- statement made in presence of (one of following)
A) lawyer
B) nominated person
What is section 222 of the Oranga Tamariki Act 1989?
Defines who is suitable as a ‘nominated person’ for a child or a young person arrested or questioned.
What are the four categories of missing persons?
- Voluntary
- Involuntary
- Lost due to event
- Missing overseas
What’s the definition of Missing Person?
- any person who is reported missing to police AND
- whose whereabouts are unknown AND
- there are fears for the safety, or concerns for their welfare
What are the considerations for course of action relevant for Fear of safety of a missing person?
- Age (young or old)
- Zones of safety (outside usual surrounding)
- Circumstances (SUD)
What is section 42 of the OT Act 1989?
When it is critically necessary to protect a child or young person from injury or death, an officer may enter and search without warrant, remove or detain CYP and place with OT
What are obligations that come with Section 42 OT Act 1989? (Search if critically necessary to protect CYP from injury or death)
- produce identification
- state you are using section 42 Oranga Tamariki Act 1989
- within 3 days inform commissioner of use of this power
What is section 48 of the OT Act 1989?
“Out too late”
CYP found unaccompanied in situation where physical/mental well-being is likely to be impaired, police can take them home (with consent) or to OT (without consent)
What is section 10B of the summary Offences Act 1981?
Child (under 14) is left without supervision for an unreasonable amount of time, parents can be charged under this act
What is the paramount principle for CYP care and protection?
The WELL-BEING and BEST INTEREST of the child or young person are the FIRST and PARAMOUNT consideration
What are the ages for criminal responsibility?
<10 years nil
10-11 murder/manslaughter
12-13 offences w/ penalty of life or 14years plus
AND
10 years plus if 14 year plus already been delt with
14-17 fully liable (but have to go under WEEP to arrest)
What is section 214 of Oranga Tamariki Act?
Power of arrest limitation for CYP: WEEP
Witness/ victim safety
Ensure CYP appearance at court/ receive some other resolution (false info/need to verify)
Evidence- prevent loss and destruction
Prevent further offending NOW
What must you do if you arrest a CYP?
Report to commissioner within 3 days
