Misc

Question 1

Primary objectives of a medical forensic examination

Answer 1

1) the victim’s physical, sexual and mental health and safety.

2) collect trace evidence to support the Police investigation.

Question 2

Timing of medical forensic examinations

Answer 2

Acute - 1-7 days or victim is suspected of having been drugged:
Refer to SAATS ASAP for medical examination and care.
Ideally examine within 24 hours and before Formal Interview.
Can happen later however evidence will be lost.

Non-acute - 7 days to 6 months:
Refer to SAATS for medical examination and care.
Bruising or genital symptoms may be present for 10 or more days following assault.

Historic - 6 months or longer:
Refer to SAATS for care and to determine benefit of medical examination.

Question 3

Victims Rights Act:
s2 - Define Victim and Immediate Family

Answer 3

“Victim” – a victim of an offence by another person, or someone who suffers physical injury or damage to property as the result of an offence.
- Includes the parent or guardian of a CYP Victim.
- Includes the “Immediate family” of dead / incapable victim through an offence.

“Immediate Family” - in relation to the victim means a member of the victim’s family who at the time of the offence is in a close relationship with the victim, includes (not exclusive) spouse/civil union partner/de facto partner, children and step-children, brothers, sisters, step-b/ss, parents, step-parents, grandparents.

Question 4

Victims Rights Act:
Statutory rights for Victims

Answer 4

S8 – Access to Service - must provide access to welfare, health, counselling, medical and legal assistance to a victim / victim’s family member.

S12 – Information about proceedings – Must inform a victim ASAP of:
Investigation progress, charges laid, victim’s role in court, date of hearings, any findings regarding the Defendant at Court, and many more.

Question 5

Oranga Tamariki Act - s214
When can you arrest a CYP without a warrant?

Answer 5

Need to arrest to prevent WEEP (Witness tampering, prevent offending, evidence CADD, Ensure appearance in Court)
AND he can’t be summonsed

OR Cat4 or Cat3 offence worth 14+ year AND arrest is in the public interest (includes CYPs wellbeing)

BUT must notify Police Commissioner within 3 days with reason why youth was arrested without a warrant.

Police v H – Prosecutor must prove BRD that s214(1)(a)(WEEP) and (b)(can’t summons) have been met or charging document is invalid and YC has no jurisdiction.

Question 6

When do you read a CYP their rights and what are they?

Answer 6

If RGS CYP has committed an offence and wanting to question, or before questioning to get an admission.

Police must tell them:
-They may be arrested if don’t provide details for summons (unless already arrested)
-That they do not have to accompany to the station or if they consent they may withdraw consent (unless already arrested)

Their rights are:
-Not obliged to make a statement
-May withdraw consent while making a statement
-Statement will be used as evidence in court
-Entitlement to consult with lawyer and nominated person.

Question 7

Definition of a firearm vs an airgun

Answer 7

Firearm – anything from which any shot, bullet, missile, projectile can be discharged by force of explosive, including anything adapted to be one, for the time being not capable of being one (needs parts added or defects corrected), any dismantled firearm, any specifically dangerous air gun.

Airgun – any air rifle, air pistol or any weapon from which by use of gas or compressed air, any shot, bullet, missile or projectile can be discharged.