CYP & Family Harm

Question 1

S.214 states no CYP shall be arrested unless the officer is satisfied on reasonable grounds that it is necessary to arrest the CYP for the purpose of

Answer 1

1. Ensuring the appearance of the CYP before the court
2. Preventing the CYP from committing further offences
3. Preventing the loss or destruction of evidence or preventing interference with witnesses

Question 2

S.236 states a S/Sgt or above can detain a YP in Police custody for more than 24hrs until court appearance if

Answer 2

a) That young person who has been arrested is likely to abscond or be violent
b) That suitable facilities for the detention in safe custody of the YP are not available to the chief executive

Question 3

What documentation is required after detaining a YP under S.236

Answer 3

A joint certificate on the prescribed form must be completed by Police and the social worker and furnished to the commissioner within 5 days, explaining;

1. The circumstances is which the certificate was issued
2. The duration for which the young person was detained or is likely to be detained

Question 4

What are the immediate effects of a PSO

Answer 4

PSO’S require a bound person to;

1. Surrender any weapon in their control or any firearms licence to a Constable
2. Vacate any land or building occupied by a person at risk regardless of whether the bound person has a legal or equitable interest in it
3. provide a cooling down period where the person at risk has time and space to seek support and assistance

Question 5

What are the longer term effects of a PSO

Answer 5

The bound person must not;

1. Physically or sexually abuse a person at risk
2. threaten to physically or sexually abuse a person at risk
3. damage or threaten to damage property of a person at risk
4. engage or threaten to engage in other behaviour including intimidation or harassment that amounts to psychological abuse of a person at risk
5. encourage any person to engage in behaviour against a person at risk where the behaviour or contact if engaged in by the bound person would be prohibited by the order
6. watch, loiter or prevent or hinder access to or from place of residence, business or employment that a person at risk visits often
7. follow a person at risk or stop or accost them in any place
8. where a person at risk is present on any land or building enter or remain on that land in circumstances that constitute a trespass
9. make any contact with a person at risk except such contact as is reasonably necessary in an emergency

Question 6

When can a PSO not be issued

Answer 6

If a person is arrested for a family violence offence but it is later determined there is insufficient evidence to charge for that offence a PSO cannot subsequently be issued.
If the person posing risk is under 17

Question 7

What factors should you consider before issuing a PSO

Answer 7

Under S.124B(2) whether it is likely the person posing risk;

1. has used, or is using family violence against the person at risk and/or any other person with whom the person posing risk has a domestic relationship
2. will use or again use family violence against the person at risk
3. the welfare of any children residing with the person at risk
4. the hardship that may be caused if the order is issued; and
5. any other matters that may be considered relevant

Question 8

When deciding if hardship may be caused by the PSO what should you consider

Answer 8

1. Who will have the family car
2. Who is in charge of family finances
3. The financial ability for the bound person to find alternative accomodation
4. Whether any child has a disability or illness requiring more intensive care and support

Question 9

What must you do if a bound person is arrested for breaching a PSO

Answer 9

1. Bring them to the Court within 24 hours
2. Make a complaint to the court requesting that it makes an order under S.124N of the Act
3. If the person cannot be brought before a court within 24 hours, at or before the expiry of the period, you must release the person and summon them to appear. The person can be arrested and brought before the Court if they fail to appear

Question 10

What must you do if a bound person has absconded after breaching a PSO

Answer 10

1. Advise CRL
2. You have 1 month from the time of breach to locate them and bring them into custody. The WTA expires automatically after 10 days in NIA
3. You then have 24 hours to bring them before the Court

Question 11

What may the Court do for a breach of PSO

Answer 11

1. Continue wth the existing order for the duration it was issued, or
2. if the order has not expired direct that another order is issued for a period not exceeding 5 days, or
3. If the order has expired, direct another order is issued, or
4. adjourn the proceedings so that a District Court Judge can consider whether a temporary protection order should be issued

Question 12

If the prosecutor, officer of the court, or Constable cannot advise the person at risk of the Court outcome for a breach what must you request CRL to do

Answer 12

1. make 3 attempts of telephone calls within one hour
2. send local unit and complete 4Q follow up
3. update NIA record to reflect action taken

Question 13

Police must serve protection orders when;

Answer 13

1. The respondent holds a firearms licence
2. The respondent is believed to be in possession of or have access to a firearm
3. Service is assessed as being a significant risk to the server
4. The protection order is granted without notice