Consorting Flashcards
What are the proofs for consorting
Consorting with a person convicted of an indictable offence
Previously consorted
Previous official warning
Consorted with another convicted person at least twice
POI previously given warning for consorting with the second POI
What is consorting
Consorting is associating or keeping company with another person by any means including electronic can also be:
Face to face
Telephone/ computer
Mail, Email, social media
How do I prove that a person has been convicted of indictable offence
Apply for certificate of conviction from registrar of the court where convicted.
How do I prove previously consorted with convicted offender
Oral evidence
Photo
Video
Notebook signed by poi
How do I prove a poi had been given an official warning
Oral evidence
Audio recording giving the warning
Notebook signed by the poi
How do I give an official warning
Orally or writing
Say this is an official warning (name poi) is a convicted offender consorting with a convicted offender is am offence do you understand.
What are the defences to consorting
Family member Lawful employment Training or education Health needs Legal advice In custody or court order
Can I charge a child under 16 with consorting
Don’t target children under 16 but,
Yes, but consider young offenders act.
Is consorting summary or indictable
Indictable so you can charge after 6 months.
Can I require a person to disclose there ID if observed consorting with a convicted offender?
No, there is no legislation for them to supply ID. You can ask.
Can I video or photograph two persons consorting?
Yes, but only if they are in a public place
Can previous occasions of consorting before the 9th April 2012 be used to convict now.
Probably yes, preferable to rely on recent events.
What is an example of habitual consorting
Poi consorted with convicted person B & C twice and on the same occasions.
Poi consorted with convicted person B & C twice on separate occasions.
