Investigation Guidelines: Child Protection Investigation Policy and Procedures

Question 1

As an investigator the key sexual offences against a child will be:

Answer 1

• sexual violation
• sexual conduct with a child under 12
• sexual conduct with a young person under 16

Question 2

Assault on a Child Legislation

Answer 2

Section 194 CA 1961
Assault on a child, or by a male on a female

(1) Everyone is liable to imprisonment for a term not exceeding 2 years who -
(a) assaults any child under the age of 14 years; or
(b) being a male, assaults any female

Question 3

Parental control/anti-smacking

Answer 3

Section 59(4) of the CA 1961
To avoid doubt, it is affirmed that the Police have the discretion not to prosecute complaints against a parent of a child or person in he place of a parent of a child in relation to an offence involving the use of force against a child, where the offence is considered to be so inconsequential that there is no public interest in proceedings with a prosecution.

Question 4

Crimes Amendment Act (no 3) 2011 Section 195, summary

Answer 4

Ill-treatment or neglect of a child

also protects vulnerable adults

offence applies to both those who have actual care or charge of the complainant and to those who are staff members of any hospital, institution, or residence where the child normally resides.

Question 5

Crimes Amendment Act (no 3) 2011 Section 195, offence wording

Answer 5

Any of those specified caregivers who intentionally engages in conduct, or omits to discharge or perform any legal duty which is likely to result in suffering, injury, adverse effects to health, or any mental health disorder or disability to a child or vulnerable adult, renders them liable for a term of imprisonment not exceeding 10 years.

Question 6

Failure to Protect child or vulnerable adult

Answer 6

s195A CA 1961

Everyone is liable for a term of imprisonment not exceeding 10 years who:
- knows the victim is at a risk of death, GBH, or sexual assault as the result of an unlawful act by any other person and fails to take reasonable steps to protect the victim from that risk.

Question 7

Who does the offence of failure to protect a child apply to?

Answer 7

• members of the same household as the victim

- people who are staff members of any hospital, institution, or residence where the victim resides.

Question 8

Mens rea and actus reus of failure to protect a child?

Answer 8

• knows the victim is at risk of death, GBH, or sexual assault as a result of the act or omissions of another person; and
• fails to take reasonable steps to protect the victim from tat risk.

Question 9

What does the crown need to prove for the offence of failure to protect a child?

Answer 9

• the child was under 18 at the time of the offence
• the defendant was over the age of 18
• the defendant, by virtue of being a member of the same household as the victim or a staff member in the hospital or institution or residence where the victim resides had “frequent contact” with them, and
• the defendant had knowledge of the risk of harm to the child.

Question 10

Liability of extended family for failure to protect a child?

Answer 10

• may be charged if they are so closely connected with the household that it is reasonable in the circumstances to regard them as a member of the household
• in determining this, regard must be had to the frequency and duration of trips to the household and whether there is a familial relationship