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SGT CPK 2024 > Family Harm > Flashcards

Family Harm Flashcards

1
Q

What are the six principles that guide that Police practice? SCARE W

A

S - Safety of all involved
C - Culturally appropriate
A - holding aggressors to account
R - Risk collecting information
E - eyes wide open - early intervention
W - working collaboratively with Police and other agencies

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2
Q

What are some of the vulnerabilities in relation to family harm risk factors? Weaknesses that could be exploited.

A

LAPE H

Lack of;
Life skills
Adequate social networks
Parenting skills
Education

Health issues

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3
Q

What are some compounding factors in relation to family harm risk factors? Things that would make difficult situations worse.

A

NUDI

Negative cultural attitudes
Unemployment
Deprivation / poverty
Inadequate housing

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4
Q

What are some negative behaviours in relation to family harm risk factors?

A

FACS

Family violence
Alcohol / drug abuse
Child abuse and neglect
Sexual Violence

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5
Q

What information can you collect from a victim to help corroborate a family violence incident?

A

Medical examinations
Photographs of injuries
Scene examination
Clothing
Witness statements
111 call
Previous history
Social records
Suspect admissions

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6
Q

In relation to a breach of a protection order, and there is evidential sufficiency to prove a charge what must you do?

A

Charge the offender with the breach
Not release the offender on Police bail for 24 hours, unless there is a court hearing earlier than this where court bail can be determined.

The offender is not bailable as of right pursuant to S7(2) of the Bail Act 2000

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7
Q

What does S7 of the Bail Act 2000 state?

A

If a person has been arrested and charged with a charge under the Family Violence Act 2018 they are not bailable for Police bail during the 24 hours following arrest, unless there is a court hearing earlier than this where court bail can be determined.Wh

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8
Q

When considering bail in relation to family violence arrests, what should the main concern be? S8

A

The need to protect the victim of the alleged offence and their family members is the paramount consideration for the court.

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9
Q

Who can provide permission to authorise Police bail for a family violence offender?

A

A sergeant or above

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10
Q

Under what section of the Bail Act 2000 would you oppose a family violence defendants bail?

A

Section 8

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11
Q

What is a Police Safety Order?

A

An immediate order issued by Constable, approved by a SGT or above, when there is a lack of evidence to support a charge. The order requires the bound person to surrender any weapon in their control and to vacate any place occupied by respondent.

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12
Q

How long can a PSO be issued for?

A

Up to 10 days

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13
Q

What are some benefits of a PSO?

A

Allows the person at risk to seek support and assistances, apply for temporary orders and for the bound person to seek support and assistance.

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14
Q

In what relationship categories can a PSO be issued?

A

Intimate partner relationships or
Family members

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15
Q

Who can authorise the issuing of a PSO?

A

A substantive SGT or above or formally appointed under S63 Police Act 2008.

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16
Q

What are some exemptions that a bound person could contact a person at risk?

A

Contact that is reasonably necessary in an emergency
Permitted under any special condition
FCG
Necessary to attend a proceeding before court (eg restorative justice)

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17
Q

How does a PSO effect a parenting order?

A

The PSO suspends the parenting order. Any day to day contact or care has no effect and the provisions of the PSO apply.

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18
Q

What is the minimum age of a person that a PSO can be served on?

A

16

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19
Q

How long can you detain a person who is to be issued with a PSO?

A

For up to two hours to allow you to obtain the necessary authority.

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20
Q

If a person refuses to remain at the place where they are detained for purposes of issuing a PSO, what can be done?

A

Arrest without warrant
Liable on summary conviction to a fine not exceeding $500

21
Q

When does the opportunity to serve a PSO expire?

A

After 48 hours of the PSO being issued.

22
Q

Although it is not an offence to breach a PSO, the bound person can still be taken into custody for any breaches. If this happens, what must the officer then do?

A

Bring them before the court within 24 hours
Make a complaint to the court requesting that it makes an order under S45 of the act

23
Q

If a person who breaches a PSO who is taken into custody cannot be seen at court within 24 hours, what must you do?

A

Summons the person to court.

24
Q

If a person bound by a PSO decamps after breaching, how long do you have to locate that person and bring them before court?

A

One month from time of breach to locate and then 24 hours to bring them before court.

25
Q

How is a breach of PSO complaint filed?

A

Filed using the complaint form 2142 in NIA and sworn at court by the Constable named on the complaint.

26
Q

What is the only offence in relation to a PSO?

A

Section 32(2) - Failing to remain while a safety order is issued

27
Q

What section of the family violence act 2018 can a PSO be issued against a 16 or 17 year old?

A

S28 - if order is justified by special circumstances

28
Q

What are the special circumstances to consider under S31 in relation to when to issue a 16 or 17 year old with a PSO?

A

RGTB issue of PSO necessary to make person at risk safe
Total level of concern rated HIGH
Approval from SSGT or above after consultation with OT

29
Q

What reasonable steps must be considered before issuing PSO to 16 or 17 year old?

A

Identifiable offence - 214?
Identifiable offence - youth aid referral
No identifiable offence - alternative actions available

30
Q

What is a protection order?

A

A court ordered mechanism providing safety for victims of family violence.

31
Q

When would Police be involved in serving protection orders?

A

Respondent holds a firearms licence or
Believed to be in possession or have access to a firearm or
Service is assessed as being a significant risk to server or
Protection order granted without notice

32
Q

Who is automatically included in a protection order?

A

The application and any child of the applicants family.
A young person aged 18 years and older remains protected by the order until they leave home.
Adult children not living with the applicant must be identified on the order as a specified person.

33
Q

If the court directs a respondent of a protection order to undertake an assessment for non-violence programmes and they fail to attend, what are the consequences?

A

This is an offence and the respondent would be liable on conviction to six months imprisonment or a fine not exceeding $5000

34
Q

In relation to a protection order, what are the conditions relating to weapons?

A

Respondent must not possess or have any weapon (firearm, airgun, pistol, restricted weapon, ammunition or explosive) under their control or
Hold a firearms licence

35
Q

How long does a person have to surrender firearms or weapons once served with a protection order?

A

24 hours

36
Q

Who is a child, defined by the Family Violence Act 2018?

A

a person who is under the age of 18 years

37
Q

Who is defined as a child of the applicants family?

A

a child who at the time ordinarily or periodically resides with the application, whether or not the child is a child of the applicant, respondent or both
Also includes a child born after the time when the order was made

38
Q

Define family member as per S8 Family Violence Act 2018

A

Any other person who is or has been related to the person, by blood or through marriage or by adoption or any other person who is a member of the persons whanau or culturally recognised family group.

39
Q

Define partner as per S8 Family Violence Act 2018

A

Spouse or partner

40
Q

Define property as per S8 Family Violence Act 2018

A

Property that the person owns or does not own but uses or enjoys, is in the care or custody or is at the persons house.

41
Q

Who is a considered a protected person in relation to a protection order?

A

The person for whose protection the order was made, any child of that persons family, any person for whose benefit the order applies under a direction under S87

42
Q

Define family violence

A

In relation to a person means violence inflicted against that person and by any other person with whom that person is, or has been in a family relationship with

43
Q

Name the three types of violence

A

Physical
Sexual
Phychological (mental)

44
Q

What is defined as a family relationship?

A

If the person is a spouse or partner,
a family member
ordinarily shares a household with the person
Has a close personal relationship with the person

45
Q

What type of relationship wouldn’t be considered as sharing a household with the person in relation to a family relationship?

A

Landlord - Tenant
Employer - Employee
Employee - Employee

46
Q

What is considered when determining if a person has a close personal relationship?

A

Nature and Intensity of relationship
Amount of time spent together
Place or places where that time is spent
Manner in which that time is spend
Duration of relationship

47
Q

Under section 99, upon being served with a temporary protection order what occurs with the respondents firearms licence?

A

Firearms licence held is deemed to be suspended.

48
Q

Under section 99, upon being serviced with a final order, what occurs with the respondents firearms licence?

A

It is deemed to be revoked.

49
Q

What is the penalty for breaching a protection order? S112

A

Every person who is convicted of an offence against this section is liable to imprisonment for a term not exceeding 3 years.

SGT CPK 2024 (4 decks)

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