INVESTIGATION GUIDELINES Flashcards
Parental Control
when police choose not to charge with an offence.
Police have discretion not to prosecute complaints against a parent where the offence is inconsequential and there is no public interest
in proceeding with a prosecution.
Ill treatment or Neglect of child (incl vulnerable adult)
Applies to those who have actual care of the complainant & staff members of any hospital, institution or residence where the child
(vulnerable adult) resides.
FAILURE TO PROTECT CHILD
(Imposes criminal liability in some situations where it is known a child/Vulnerable adult is at risk but where no action is taken.)
Offence Applies to:
- Members of the same house hold
- People who are staff members of any hospital, institution or residence where the victim resides.
When is someone liable under Failure to protect a child?
If a person has frequent contact with a child/vulnerable adult AND
KNOWS - (mens rea) the victim is at risk of death, GBH or sexual assault as a result of the acts or omissions of another person AND
FAILS - (actus reus) to take reasonable steps to protect the victim from that risk.
What needs to be proved for a charge of Failure to Protect child?
- Child under 18yrs at time of offence
- The defendant over 18yrs
- The defendant had “Frequent Contact” with victim.
- The defendant had knowledge of the risk
‘Frequent Contact’
Frequent Contact - is a matter of fact for the jury.
Can you charge a 17 yr old person for “fails to protect child?”
No, the offender must be 18 or above at the time of the act or omission.
When interacting with victims of sexual offences how do you provide a safe & secure environment?
- CONDUCT conduct your dealings in a sensitive manner
- ACCEPT: accept they are telling the truth
- LISTEN: listen to what they tell you, giving them an opportunity to tell their account in their words, even to just vent their feelings.
- MEDICAL: establish if they need medical attention.
- TREAT: treat them courteously
- EXPLAIN: explain the process you are following and why you need to follow that process and ask certain questions.
- ADVISE: advise them of the local counselling services available.
List 5 of the 12 Key Process points:
- Initial Action - brief details of the complainant are obtained to determine initial action.
- Case referral - Incident is referred to CIB or ASA investigator asap.
- Providing specialist support - Counselling services arranged
- Preliminary Interview - CIB/ASAT obtains prelim statement
- Medical Examination - Organise a medical exam asap in acute cases or suspected drug facilitated sexual assault.
- Formal interview - Victim statement
CPP -Determining seriousness of the physical abuse
There three areas to consider:
- the action (of the abuse)
- the injury of the inflicted (outcome or result)
- the circumstances (factors of the case)
CPP - Options for removing a child - power of removal.
- without Warrant (sec42 Oranga Tamariki Act 1989)
- with a Place of safety Warrant - sec39 OT Act
- with a Warrant to remove - sec40 OT Act
CPP - Initial Joint Investigation plans (IJIPS)
- to ensure police & OT work together to secure the child’s immediate safety and evidence is collected
- IJIP done within 24 hours
- any other children are safe
ASAI - who does this policy and procedure apply to?
Applies to the victim of the alleged offending who is 18yrs or older at the time of the complaint is made.
ASAI - Key process point 4.
Purpose of prelim interviews.
Gain a better understanding of what has occurred and to establish:
- brief outline of facts
- victim safety
- public safety
- urgent investigation needs - loss of evidence, medical exams, suspects likely actions.
ASAI - After the prelim interview
- re-asses the investigation
- recent photograph of the complainant? - for CCTV
- require victims clothing? ensure a change of clothes available.
- ensure victim is advised of specialist services available to him/her.
