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 2. Consultation 3. 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. 2. If a joint visit is required - risk of further offending, CADD, staff safety 3. The management of the initial interview with the child 4. Collection of physical evidence - photographs 5. 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. 2. 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). 3. 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 investigation age
Policy and procedures: in all cases where the victim of the alleged offending (male or female) is 18 years of age or older at the time of making the complaint.
Adult Sexual Assault (ASA) - Initial Action
Victims safety and well-being comes first. 1. Prelim interview to obtain briefly whats happened, where, when and with who? So we can assess victim and public safety, and investigation requirements. 2. 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
What are the goals of a medical forensic examination?
Primary - victim’s physical, sexual and mental health Secondary - opportunity to collect evidence
Before conducting a medical forensic examination, what should be explained to the victim?
That the examination: - will be conducted by a medical forensic practitioner specially trained in examining individuals who have been sexually assaulted - has potential health benefits and can help Police obtain evidence to apprehend the offender Expected duration (couple of hrs) and possible outcomes
In an ASA investigation, what is the purpose of the preliminary interview?
To gain a better understanding of what has happened and determine: what further investigative actions are necessary whether an offence may have occurred whether the victim wishes to make a formal complaint
Key points of ASAI
1 Initial actions on action - brief details of the complaint are obtained to determine initial actions. Could these where necessary. 2 case referral - Incident is referred to as soon as possible to the CIB and an ASA investigator. The investigator shall ensure that the complaint is entered into NIA as soon as practicable and update case records as the investigation progresses. 3 Providing specialist support - where the victim consent, arrange for a specialist sexual assault response person to provide support. 4 Preliminary interview - A CIB member or ASA investigator undertakes a preliminary interview of the victim. 5 Information feedback - whenever possible, and as soon as practicable, the victim is informed as to investigative findings and decisions. 6 Medical examination - Organise a medical examination as soon as possible in appropriate cases. This is especially important in acute reports (reported within 7 days of the assault) or suspected drug-facilitated sexual assault. 7 formal interview - Formally interview the victim 8 Investigation and evidence assessment - Complete case investigation (CIP) and keep it updated. Re-assess investigation and commence or continue investigation phases, such as scene examinations, witness and suspect enquiries. 9 Resolution options - Consider options for resolution including prosecution 10 Prosecution - Follow standard file preparation and prosecution procedures. Ensure support for the victim and keep them informed. 11 Final actions - Final actions on case conclusion and ensure accurate and detailed records and statistics of sexual assault offence are held by Police. 12 Preventative opportunities - Consider what can be learnt from an investigation regarding prevention or education opportunities or procces enhancements.
Specialist support improves outcomes KP3
- Greatly improves outcomes including the victim’s ability to give clear evidence, to stay engaged with investigative and criminal justice processes and to be seen as credible in court - Can have a major effect on how quickly the victim recovers - Will assist in the prevention of re-victimization and the prevention/minimisation of both short and long term adverse psychological responses.
Preliminary interviews KP4 purpose of
To gain a better understanding of what has occurred and to establish: - Brief outline of facts - Victim safety - Public Safety - Urgent investigation needs, considering the potential for loss of evidence, medical circumstances, suspects likely actions.
What types of questions should be asked during the preliminary interview of an adult sexual assault victim?
- TEDS - What, When, Where, Who - Not Why or How
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.
Exceptions (Child and adult procedures)
There may be situations where victims should be dealt with according to a mixture of both adult and child guidelines. Actions when children are treated under adult guidelines: - Oranga Tamariki are notified of any care and protection issues - Any actions necessary to protect the child or other children that may be at risk from the offender are taken.
