CPP, ASA & Victims Flashcards
Age for a Child Protection Protocol (CPP) file?
Under 18 years old at the time of making the complaint. Can interview as young as 4 years old.
Three criteria for for a CPP file?
Sexual abuse
Physical abuse
Neglect
Types of injuries or single action that will meet the CPP threshold?
Actions: Blow to the head Shaking of an infant Strangulation Use of an object as a weapon Attempted drowning
Injuries:
A bone fracture
Burn
Concussion or loss of consciousness
Any injury that requires medical attention
Any bruising or abrasion when the child is very young (immobile) or it is unlikely to be accidental.
Three initial steps Oranga Tamariki and Police MUST follow?
- Referral
- Consultation
- Agreement - Initial Joint Investigation Plan (IJIP)
Topics that MUST be considered when completing an IJIP?
- Immediate safety of the child and other children who may be at risk.
- If a joint visit is required - risk of further offending, CADD, staff safety
- The management of the initial interview with the child
- Collection of physical evidence - photographs
- any further actions agreed
Three things NOT to do when questioning a child?
- If an adult can tell you whats happened DO NOT ask the child to explain it again.
- If it is unclear whats happened but there is no risk to their safety DO NOT ask the child to explain it again. If there are safety concerns, be sure to use open ended questions (TEDS).
- DO NOT continue to question the child if it becomes clear that an offence has occurred.
Oranga Tamariki time frames
Critical - 24hrs - requires immediate involvement to establish safety.
Very urgent - 48hrs - has some protective factors for the next 48hrs.
Urgent - 7 days - At risk of harm or neglect but has some protective factors.
Adult Sexual Assault (ASA) - Initial Action
Victims safety and well-being comes first.
- Prelim interview to obtain briefly whats happened, where, when and with who? So we can assess victim and public safety, and investigation requirements.
- Engage Specialist Support Services
Adult Sexual Assault (ASA) timing categories
Acute: 1 - 7 Days
Non-Acute: 7 days to 6 months
Historical: 6 months on
Key sections of the Victims Rights Act 2002:
7, 8, 11, 12, 30, 31, 34 & 51
s7 - Victims should be treated with courtesy and compassion and respect to their dignity and privacy.
s8 - Access to services
s11 - Information about programmes and services
s12 - Information about proceedings
s30 - Views about release on bail
s31 - Police to give information about victim’s rights re representative
s34 - Notice of release on bail
s51 - Return of their property as soon as practicable.
Who is a Victim (s4)?
(a) (i) a person who had an offence committed against them by another person
(a) (ii) a person who suffers physical injury and/or loss of or damage to property as a result of an offence by another person.
(a) (iii) a parent or legal guardian of a child/young person who fits into (a)(i) or (a)(ii) unless they are charged/convicted or guilty of that offence.
(a) (iv) a member of the immediate family of a person who dies or is incapable unless they are charged/convicted or guilty of that offence.
Victim History Scorecard
GREEN - low level or older (nearing 12mths) victimisation
AMBER - repeat victim or single serious victim
RED - serious victim and/or high risk victimisation
Graduated Response Model
Prevention activities with both the victim and offender.
GOLD - Victim Intervention Plan, alarms
SILVER - Prevention visits, referral to partner agencies
BRONZE - Prevention and support
Victim Notification System/Register (VNS or VNR)
- If it is a s29 offence the victim must be advised of their right to be on the VNR.
- Inform the agency where the offender is being held that they must inform the victim about bail, release, escape or death.
- Whether on the VNR or not, all reasonable efforts must be made to get the victims views on bail, these views to be passed on to the court and the outcome given to the victim.
s29 offences
- Sexual or serious assault
- Serious injury, death or left incapable
- Victim having on-going fears on reasonable ground for their or their immediate family’s safety or security.