CPR Flashcards
What are your powers under section 16C of the Child Protection (Offenders Registration) Act 2000?
1) 1 or more police may, without prior notice, enter and inspect any residential premises of a RP (registrable person) for the purpose of verifying any relevant personal information reported by the RP under Section 9 (as reported on Form4)
2) Power on entry/inspection may be exercised in any particular residential premises
- Twice during 12 month period following initial report (first within 28 days)
- Once each following 12 month period
3) A power must not be exercised if reporting period has expired
4) RP must allow police to enter and inspect premises and must cooperate
5) 4 (above) is a reporting obligation
6) A power is not exercisable under this section if a part of the premises is exclusively occupied by a person other than
RP unless reasonable grounds to suspect area is used by RP
7) Residential premises of an RP means premises identified by the RP under S. 9(1)(d) as where they generally reside
Can you inspect more than one premises?
Police can conduct an inspection at EACH of the residential premises nominated by the RP
Do I need to prepare Op Orders and follow SW SOPS when conducting a 16C?
- Search warrant SOPS only apply when powers of entry and search are to be exercised
- The power to inspect under 16C has been recognised by parliament as not amounting to a power of search
What if a RP refused entry? Can I force entry?
Under 16C (4) and (5), it is a reporting obligation of a RP to allow Police to enter and inspect.
- If they refuse it’s an offence under S. 17 Failing to comply with reporting
- If entry is refused, warn the RP that refusal is an ofence
YES - S. 230 LEPRA lawful for police exercising a function under any act or law in relation to an individual or thing, to use such force as reasonably necessary to exercise the function
However, consideration should be given if it is more appropriate to stop 16C and proceed with breach for
failing to comply
What is the difference between Inspect vs Search?
Powers under 16C do NOT provide search provisions. Only inspect and verify.
Inspect means police can only look at something to confirm it is accurate
- E.g. PO could look at RP’s phone settings such as password and accounts to see what email
address they have, but would not have the power to look at the content of their emails
What are the considerations for seizing items during a 16C inspection?
Informed consent
Common law Ghani V Jones
- Belief of serious offence
-Thing, weapon, material to prove
commission of offence
-Refusal unreasonable
-Not keep longer than necessary
-Lawful conduct assessed at time
S. 21 reasonable suspicion item used in connection with relevant offence
Search Warrant / Crime Scene Warrant
What to do prior to attending a 16C?
Police should know
- Substantive offence
- Reportable information
- Intell (dynamic Risk
- Other relevant info
- This info can be relied to establish reasonable grounds to use powers of detention, inspection, seizure during inspection.
- Take current Form 4
- Must take 16C Inspection forms
Procedure for 16C Inspection?
- Plain clothes / unmarked vehicle
- Introduce all police (S. 202 LEPRA)
- Inform RP exercise of powers per 16C, if entry refused, warn of offence
- Complete 16C verification consent to search form
- Complete CPR Record of 16C Verification Form
- COPS/Case update
What section under the Child Protection (Offenders Registration) Act defines a registrable person?
S. 3A Child Protection (Offenders Registration Act
- A person whom a court has , at any time (whether before or after this section) sentenced in respect of a registrable offence
What is a registerable offence?
Registerable offence means an offence that is:
- Class 1 offence
- Class 2 offence
- Offence that results in the making of a CPR order (CPRO)
What is a Class 1 and 2 offence classifications?
Class 1 - include but not limited to
-Murder of child
-Any offence involving sexual intercourse with a child
-Some offences of sexual abuse of child persistent SA
Class 2 - include but not limited to
-Manslaughter of child
-Cause GBH with intent to child under 10
-Sexual touching/sexual act against child
-Procuring or grooming a child under 16 for sexual activity
-Kidnapping or child abduction
-Promoting child prostitution
-Other sexual abuse offences against children committed outside Australia
What is the effect of a CPRO?
CPRO makes the relevant person subject to reporting obligations under the act deemed to be sentences to a class 2 offence
When will the court grant a CPRO?
A court may grant a CPRO under the act if:
- Person guilty of class 1 or 2 offence
-Satisfied the person possess a risk to the lives or sexual safety of children
- Because there is a risk that the person will engage in conduct that may constitute class 1 or 2 offence against children
When is a RP required to make initial report?
S. 9A When initial report must be made
- Within 7 days of sentencing
- Within 7 days of release for custody
- Within 7 days of entering/remaining in NSW for 14 consecutive days if RP from another
jurisdiction
What is the initial report process for police?
- Follow steps on the ‘Initial Registration Guide’
- Serve a copy of Form 3 on RP (also already served by court)
- Explain Form 3 using Explanation of Conditions
- Quick Guide to Reporting Changes form
- Records uploaded to ViewIMS and sent to CPR registry
- Does a DNA sample need to be obtained?
- Confirm ID, photographs, all relevant personal info serve Form 4
