Must Knows Flashcards
Section 44 Evidence Act 2006
Generally, no evidence or questions
can be put to the complainant about
their sexual experience with any
person other than the defendant,
except with the permission of the
Judge
However, this is subject to the
propensity rule - Evidence of the
victim’s propensity to act in a certain
way with the defendant, including
sexually, may be offered as evidence
put only if the judge grants permission
List three grounds on which a
direction can be made under s103(3)
of the Evidence Act 2006 in regard
to a witness giving evidence in an
alternative way
A direction for a witness to give
evidence in an alternative way, may be
made on the grounds of
The age or maturity of the witness
The witness’s fear of intimidation
The trauma suffered by the witness
The nature of the proceeding
The nature of the evidence the
Witness is expected to give
The physical, intellectual,
psychological, or psychiatric
impairment of the witness
List three grounds on which a
direction can be made under s103(3)
of the Evidence Act 2006 in regard
to a witness giving evidence in an
alternative way
A direction for a witness to give
evidence in an alternative way, may be
made on the grounds of
The age or maturity of the witness
The witness’s fear of intimidation
The trauma suffered by the witness
The nature of the proceeding
The nature of the evidence the
Witness is expected to give
The physical, intellectual,
psychological, or psychiatric
impairment of the witness
What to explain to a victim before a medical examination
- The examination will be
conducted by a medical forensic
practitioner specially trained in
examining victims of sexual assault. - Primary to ensure victims physical, sexual, mental heath and safety.
- Secondary help Police
obtain trace evidence - The expected time for the
examination and, if appropriate
possible outcomes - Ask if they have any concerns about
the Dr’s gender, advise you’ll
do your best to accommodate their
wishes.
Rights for a victim
All obligations under the Victims
Rights Act 2002 must be met and all
victim contact recorded
Victims must be informed about
the progress of the investigation
within 21 days
Victims must be informed of their
right to register on the Victim
Notification System - if s29 offence
Victims must be informed of the
outcome and the case closure
Ensure any property belonging to
the victim is returned promptly
List the three areas to consider when
determining seriousness of physical
abuse
The 3 areas to consider when
determining if physical abuse is serious
and meets the threshold for a CPP
referral:
* The Circumstances
* The Injury inflicted
* The Action of the abuse
In relation to child abuse
investigations, define what the term
“child-centred time frames” means
Child-centred time frames are time
frames relevant to the child’s age
and cognitive development.
The younger the child the more
vulnerable they are and therefore
require a quicker response
E.g. for a 5 y/o a week is a long time
for an event to be recounted reliably
However, a 16 y/o would have less
difficulty recalling the same event
weeks later,
Define a dependent family member
(ay 1 the other person nas power or
authority over him or her, and is:
* His or her parent, step-parent, foster
parent, guardian, uncle, or aunt
k A child of his or her parent or
step-parent
* The spouse or de facto partner of a
person described above.
(b) Members of the same family
whanau, or other culturally recognised
family group, not referred to in
paragraph (a); but has responsibility
for his or her care or upbringing
(c) If he or she is living with the other
person as a member of the other
person’s family, and the other person
is not a person in paragraph (a); but
has power or authority over him or
her; and a responsibility for his or her
When is the offence of
sexual grooming complete
- s131B
- When the parties meet, or
- the defendant travels or
- makes arrangements to meet the
complainant with the relevant
intent
To be intentional the meeting need
only be “purposely arranged.”
Subjective/objective test
The establishing of reasonable
grounds is a 3-step process
1 - Subjective test (Absence of consent)
What was the complainant thinking at
the time?
2 - Subjective test (Belief in consent)
What was the defendant thinking at the
time?
3 - Objective test (Reasonable grounds
for belief in consent)
What would a reasonable person have
believed in the same position?
When is the offence to grooming complete?
Section 131B
The offence is complete when:
- the parties meet.
- the defendant travels or
- makes arrangements to meet with the relevant intent.
To be intentional the meeting need only be “purposely arranged”.
Safe environment for a victim and to take control includes?
- Conduct your dealings in a sensitive and concerned manner.
- Accept they are telling the truth until/unless there is evidence to prove the contrary.
- Listen to what they tell u, giving them the opportunity to tell their account in their words, even to vent.
- Medical attention - establish.
- Treat them courteously.
- Explain the process u are following and why u need to follow that process and ask certain questions.
- Advise them of the local counseling service.
Child Neglect
- Not providing adequate food,
shelter or clothing. - Not protecting a child from physical
harm. - Not accessing appropriate medical
treatment or care. - Allowing a child to be exposed to
illicit drug manufacturing - Allowing a child to be exposed to
an environment where volatile
toxic or flammable chemicals have
been used or stored.
Considerations when completing a IJIP.
- Immediate safety of the child
and other children who may be
identified as at risk. - If a joint visit is required.
- Management of the initial
interview. - Referral to a medical practitioner
and authority to do so. - Collection of physical evidence.
- Any further actions agreed for
Police/ and OT.
OT reporting times.
Critical = 24hrs
Very urgent = 48hrs
Urgent = 7days
