Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

CPK > OT Act and Family Harm > Flashcards

OT Act and Family Harm Flashcards

1
Q

What is the care and protection age?

A

Of or over the age of 14yrs but under the age of 18yrs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

s39(1) - What is a place of safety warrant?

A

Any district court judge (or issuing officer) who is satisfied on reasonable grounds that a child or young person is suffering, or is likely to suffer ill-treatment, neglect, deprivation, abuse or harm may issue a warrant authorising any constable to search for the child or young person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

s39(3) OT act allows police to

A

Enter and search, by force if necessary, any dwelling house, building, aircraft, ship, carriage, vehicle, premise or place,

If that person believes on reasonable grounds that the child is suffering, or is likely to suffer ill-treatment, neglect, deprivation, abuse or serious harm,

Remove or detain by force if necessary, the child or young person and place them in the custody of the chief executive, or

Where the child is in hospital, direct the medical superintendent of that hospital to keep that child or young person in that hospital

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

S42 - search without a warrant - explain what you can do?

A

Any constable who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant:

Enter and search, by force if necessary, any dwelling house, building, aircraft, ship, carriage, vehicle, premise or place

Remove or detain by force if necessary, the child or young person and place them in the custody of the chief executive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

s42(2) - explain what you must do when executing s42 of the OT act?

A

Every constable shall on first entering the place,
a) produce evidence of identity, and
b) disclose the power being used

Within 3 days furnish a report to the commissioner of Police

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Explain the ingredients of s48 - Unaccompanied Child or Young Person

A

Where a child or young person is found unaccompanied by a parent or guardian in a situation which the child or young person’s physical or mental health is being, or is likely to be impaired, a constable may, using force as may be reasonably necessary, take the child or young person

(a) with their consent, to a parent, guardian or other person usually having the care of the CYP

(b) if the CYP doesn’t want to be returned to the parent or guardian or if the parent or guardian isnt willing to have CYP, place the CYP in the custody of the chief executive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the principles of s208 of the OT Act?

A

a) unless in the public interest, criminal proceedings should not occur if there is an alternative means of dealing with the matter

b) Criminal proceedings should not occur solely in order to provide any assistance or services to advance the welfare of the CYP, their family or whanau

c) Any measures when dealing with a CYP should be designed to strengthen the family or whanau of the CYP and to foster the ability of the family or whanau to develop their own means of dealing with the CYP’s offending

d) CYP should be kept in the community where practicable and safe for the public to do so

e) Age is a mitigating factor when determining whether to impose sanctions and the nature of the sanctions

f) any sanctions imposed should take the form most likely to promote the development of the CYP and take the least restrictive for that is appropriate in the circumstances

g) consideration should be given to the interest and views of any victims of offending

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

s214 - What grounds must exist before you can arrest a CYP?

A

only arrest if satisfied on reasonable grounds
Witness interference, Ensure appearance before court, Prevent destruction of evidence, Prevent further offending
Where proceeding by way of summons would not achieve that purpose

Nothing prevents an officer from arresting a child if reasonable cause to suspect that a cat 3 or 4 offence has been committed that carries a term of imprisonment of 14yrs or more and the arrest of CYP is in the public interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

s214a - When can a CYP be arrested for BOB?

A

When CYP has breached a condition of that bail and the CYP has on 2 or more occasions breached a condition of that bail (whether or not it was the same condition)
Approval from either YA Sgt, Sgt, YAO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Sections 215, 215a, 216, 217
When do you inform CYP of their rights?

A

215 - Before questioning a CYP whom there are reasonable grounds to suspect of having committed an offence
If grounds to arrest the CYP for refusing to provide details and cannot be served with a summons

215A - When questioning a CYP in relation to CYP’s involvement in any offence

216 - When officer decides to charge a CYP

217 - When arresting a CYP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

s218 - What manner should a CYP rights be given?

A

In a manner and language that is appropriate to the age and level of understanding of the CYP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

s219 - When do you not have to re-advise a CYP of their rights?

A

Nothing in sections 215, 215A, 217 requires the rights to be re-given if they were advised no earlier than 1hr prior

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

s222 - Who can be a nominated person and when can you refuse a nominated person?

A

Parent of guardian of the CYP
An adult member of the CYP’s family or Whanau
Any other adult selected by the CYP
If the CYP fails to nominate a person. then any adult nominated by an enforcement officer

When you believe that the nominated person is likely to, or will pervert the course of justice or they cannot be located and reasonable measures have been taken to locate them

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

s236 - When may a CYP who is arrested be detained in custody?

What is a joint certificate?

How long can a CYP be detained in police custody?

How long do you have to report a joint certificate?

A

When a senior sergeant or above is satisfied on reasonable grounds that the CYP is likely to abscond or be violent and suitable detention facilities are not available to the chief executive

The CYP on the joint certificate in the prescribed form may be detained in police custody for a period no longer than 24hrs until appearance before the court

If a joint certificate is issued, a report must be furnished to the commissioner of police within 5 working days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Important decisions from case law Police v D (s48)?

A

Police failed to consider CYP rights. Taking him to a police station, and placing him in a secure cell - likley to believe he was detained

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

s233 - What does this relate to?

A

Breath alcohol provision
Nothing ins sections 214-232 limits the effect of sections 68-72 of the LTA 1998

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Important decisions from case law Pettus v R (s42)?

A

Constables actions were criticised, as s42 is an emergency provision, consider the usage of s39. It was not critically necessary to prevent danger/injury of the CYP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Important decisions from case law Elia v R (court of appeal s215, s223)

A

Admission was obtained regarding robbery, police then left the room and overheard nominated person state that CYP shouldn’t have said what he said. Rights were not given again when a new nominated person came into the room.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Important decisions from case law Police v T (s214 and detention in custody)

A

Police should be careful not to hold CYP in custody, and get them in from of the courts by the afternoon if a morning arrest. regardless id the CYP is on actives or subject to a supervision order.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Important decisions from case law police n T-M (arrest guidelines under s214 and s48)

A

If police believe CYP has committed an offence, only arrest if 214 would permit. S48 should not be used by police for the sole purpose of taking a CYP into custody who is suspect of committing a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Explain what was held in relation to R v Kahu 1995 regarding s39? What grounds were the officers actions upheld?

A

Police and social worker entered under s39 to a house and were checking for food etc and came across cannabis and subsequently arrested and charged mother and took the CYP into care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What are the 6 principles that guide Police response to FH?

A

1) early intervention
2) culturally appropriate
3) Safety - ensure everyone especially victims and children are safe before leaving the premises
4) Collection of risk info - collecting risk info to enable decision makers to assess, plan and manage risk to victims and guide decisions around offender management
5) Accountability - holding offenders to account for their actions by activating a prompt and comprehensive response. Directing offenders to programmes that will stop the violence should be encouraged.
6) Working collaboratively - Co-ordinate responses to FH through FH co-coordinators across police work groups

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What are the characteristics of FH (ie percentages)?

A

The majority of FH is intimate partner violence. The perpetrator is mostly male and the victim female.
Children are typically present at 50% of all FH occurrences
Police must collect risk info when FH involves intimate partner or when children are present

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What types of corroboration is required if a victim becomes a reluctant witness

A

Medical examinations
Photographs of injuries
Scene examinations
Clothing
Witness statements
111 emergency call

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

When should you arrest in a FH offence?

A

If there is sufficient evidence for a FH offence or BOPO, the offender should be arrested (except in exceptional circumstances)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What do you do if there is insufficient evidence to arrest for a FH offence?

A

Consider issuing PSO
Ensure the victim is safe before leaving
Do not give warnings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

BOPO and an assault has occurred. What must you do?

A

Charge the offender with the assault and for the breach
Do not release the offender on bail for 24hrs provided there is no court hearing before the period has elapsed

28
Q

Police bail considerations for FH offences consist of what?

A

The primary consideration is the safety of the victim, linking the victim to appropriate support and services and the possible need for the offender to have a cooling off period

29
Q

Who can authorise police bail for FH?

A

You must have the authority of a supervisor of or above the level of sergeant before releasing the defendant on bail

30
Q

Presumption of court bail

A

In most cases, there is a presumption that a defendant is to be bailed

31
Q

Procedure for offering support services

A

If the victim says no when you ask if they want support, simply advise that you will be calling the agency you work with closely and that the agency will arrange for a worker to provide information and give them early assistance

32
Q

Police Safety Orders - What are they?

A

PSO’s are immediate orders issued by a qualified constable when attending FH occurrences where an investigation fails to establish full evidence of an offence

Qualified constable is of or above the position level of sergeant. Must be a substantive sergeant or formally appointed or authorised under s63 of the policing act. Acting sergeant cannot issue PSO’s.

33
Q

Under what conditions can a PSO be issued?

A

When parties are in a domestic relationship and the constable does not arrest the bound person but has reasonable grounds to believe an order is necessary to ensure the safety of the person at risk.

34
Q

When can a PSO not be issued?

A

When a person has been charged for a FH offence
When a person is under 16yrs of age

35
Q

How long can a PSO be issued?

A

A PSO cannot exceed 10 days

36
Q

What are police powers pending the authorisation and issue of a PSO?

A

Police can detain the person for up to 2hrs. The 2hr period commences when a decision to issue a PSO is made.

Police can remove the person from the premise and take them to a police station or place used as a police station (patrol car) during the period of detention

37
Q

Refusing to remain at the place where they are detained re PSO. What are your options?

A

A person commits an offence and can be arrested without warrant if he/she fails to remain at the place where they are detained
$500 fine

38
Q

What is the procedure if you are unable to serve a PSO during the 2hr period?

A

You must release the detained person. You then have 48hrs to issue and serve the order on the person.
The 48hrs starts when the qualified constable authorises the issuing of a PSO

39
Q

What are your responsibilities regarding court,when arresting for breach of PSO?

A

You must bring the person before the court within 24hrs. If this is not possible, you must release at the expiry of the 24hrs and summons them to appear in court

40
Q

Who can issue POs?

A

Family and District Court

41
Q

Are the applicants children protected by a PO?

A

The applicants children are automatically protected. A child of the applicant who is 17yrs or older (adult children) are protected until they leave home.

Adult children who have left home are not protected unless they are specified as a protected person in the order

42
Q

PO conditions of the respondent relating to weapons?

A

The respondent must not possess or have any weapon (f/a, airgun, pistol) under their control or hold a F/A licence

43
Q

When must the respondent of a PO surrender their weapons ans f/a licence?

A

As soon as practicable after the service of the order but within 24hrs and on demand at any time by a constable

44
Q

In regards to FH, violence includes?

A

Physical, sexual and psychological abuse

45
Q

A person is in a domestic relationship with another person if?

A

a) they are a spouse or partner
b) they are a family member of the person
c) they ordinarily share a household (flatmates included)
d) they have a close personal relationship with the other person

46
Q

A person is not regarded as being in a domestic relationship if they have

A

a) a landlord tenant relationship
b) an employer-employee relationship

47
Q

What are the standard conditions of a PO that a respondent must not do?

A

physically threaten or abuse the protected person
threaten to sexually assault the protected person
Damage or threaten to damage the protected persons property
Make any contact with the protected person by telephone, electronic message, correspondence or otherwise

48
Q

When can a respondent of a PO make contact with the protected person?

A

In an emergency
If permitted under any order or agreement relating to the role of providing day to day care for or custody of a minor
If permitted under a special condition of the order
For the purposes of attending a family group conference

49
Q

What are the elements of the offence for BOPO?
What is a possible defence to the defendant for breaching?

A

Every person commits an offence who breaches a protection order by -
doing an act in contravention to the order, or
failing to comply with any condition of the order

It is a defence if the defendant proves that he or she had a reasonable excuse for breaching the order

50
Q

What are the restrictions on police bail for FH offences

A

A person must not be granted police bail for 24hrs immediately following their arrest

Note - When granting bail (after 24hrs), you must have the authority of a supervisor of or above the level of sergeant before granting police bail

51
Q

What applies if the bound person has absconded after breaching a PSO?

A

You have one month to locate them and bring them into custody. you then have 24hrs to bring them before a court.

52
Q

What are the requirements when applying for warrants for breaching a PSO?

A

You may apply to the court for a warrant to be issued if you have reasonable belief that the person is at the address - includes power of entry.

Lasts for one month but must be withdrawn if you cant fine them.

53
Q

When a person breaches a PSO and attends court, what are the prosecutor, officer of the court or constable obligated to do?

A

Must:
Make 3 attempts of telephone calls within 1 hr
Then send a local unit and complete a 4Q follow up event
Update NIA record to reflect the action taken

54
Q

When can you issue a PSO to a 16 and 17yr old?

A

Reasonable grounds to believe an order is necessary to help make the person at risk safe from serious family harm, and
Total level of concern on on duty is high, and
approval from a Snr Sgt or above and they have consulted with OT regarding placement/status

55
Q

What can you do if you detain a child for the purposes of issuing a PSO and they abscond?

A

You may arrest the bound child without warrant if they fail or refuse to remain at that place
This applies regardless of whether an order is issued or served
Will be dealt with in Youth Court

56
Q

What are your powers when a child breaches a PSO?

A

You may take them into custody
They appear before the district court by way of a complaint

57
Q

When a child breaches a PSO

A

It is not technically an arrest, therefore it does not authorise the use of OT Act s234 to do with placement

58
Q

Under the act, what is the age of an adult child?

A

A person aged 18yrs and older

59
Q

What are the restrictions for protection orders against a child or young person?

A

Applicants cant take out a PO against a child or YP unless satisfied that a child is aged 16yrs or over and that the order is justified by special circumstances

60
Q

Who issues POs?

A

Issued by the family court and can only be discharged by the court. But the DC can too, if they are satisfied that a person has failed or refused to comply with a PSO, they can order a temporary PO.

The DC can also issue a final PO when sentencing an offender for a FH offence if its necessary for the victim’s protection and they don’t object to the matter.

61
Q

On the making of a PO, any firearms licence held by the respondent is:

A

Deemed to be suspended.
The licence becomes revoked when an order becomes final.

62
Q

If through your FH investigations or other duties, you become aware that a respondent of a non-molestation or non-violence order has a F/A licence, you must:

A

Notify an inspector or above to consider revocation of the F/A licence

63
Q

Serving POs - service principles

A

Safety
Information gathering
Accountability
Working collaboratively

64
Q

How long does a PO encapsulate a ‘adult child’ for, when does the protection expire?

A

When the adult child is over 18 and leaves home, they must be defined on the PO that they are protected, or the courts discharge the PO

65
Q

District court ability to isse a temporary protection order and detain? How long for?

A

After determining that a temporary PO is to be issued, the District Court can detain the person for a period not exceeding two hours for the purpose of issuing and serving the order

66
Q

The district court are in the process of sentencing a FH offender, can they issue a final PO?

A

The DC can also issue a final PO when sentencing an offender convicted of an offence involving FH if it is satisfied that the order is necessary for the victim;s protection and the victim does not object to the order.

CPK (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions