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CIK 2017 Investigating Violent Offences > Topic 2 - Family Violence > Flashcards

Topic 2 - Family Violence Flashcards

1
Q

When does the FV policies & procedures apply?

A

Where police have attend a complaint/occurrence and the parties involved in that situation:

  • are in or have been in an intimate partner relationship or
  • are family members
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2
Q

When does the FV policies & procedures not apply?

A

When the parties involved are:

  • flatmates
  • in a close personal relationship but are not current or former intimate partners except where it is necessary to issue a PSO
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3
Q

What age is considered an adult?

A

A person 17 years or older at the time of a reported occurrence

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4
Q

What age is considered a child?

A

A person 16 years or older at the time of a reported occurrence

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5
Q

Name the specific FV offences?

A

There are no specific family violence offences (except breach of PO, or failing to accompany for issue of PSO)

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6
Q

What are the three types of reporting outcomes in FV?

A

1- Family violence response FVR
2-Intimate partner violence response IPV
3- Intimate partner ODARA response IP

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7
Q

What is intimate partner violence IPV?

A

Is violence by one person against another person who is or was their partner or spouse.

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8
Q

How long can a PSO be issued for?

A

Up to 5 days

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9
Q

There are 4 principles for an effective police response, what are they?

A

Safety
Collection of risk information
Accountability
Working Collaboratively

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10
Q

Safety

A

Ensure all parties are safe

- officer must ensure they have no concerns regarding any childs safety before leaving

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11
Q

Collection of risk information

A

Collecting specific risk information to enable decision makers to assess, plan and manage risk to victims and to guide decisions around offender management
The child risk factor form (CRF)
The intimate partner vulnerability factor form (IPVF)
and ODARA

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12
Q

Accountability

A

Holding offenders accountable for their actions
Where offenders may benefit from supportive interventions to change their behaviours, direction them into programmes that will stop violence should be encouraged

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13
Q

Working collaboratively

A

Police must:

  • coordinate repossess to FV through FV coordinators across relevant internal work groups include ASAT, CIB, Youth aid etc
  • apply case management principles and processes

Agencies and services providers:

  • use statutory powers and contracted authority to support and manage victims and offenders to minimise the risk of further family violence
  • engage with victims and offenders to plan for and implement actions that change their lives for the better
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14
Q

What is honour based violence?

A

HBV is a crime or occurrence which has or may have been committed to protect or defend the honour of a family/community.

It is generally inclusive of forced marriages, honour killings, female genital mutilation, and domestic abuse ….

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15
Q

S & S Act 2012 powers in relation to FV

To enter to prevent an offence or respond to risk to life or safety what can you do?

S 14 S & S Act 2012

A

If you have reasonable grounds to SUSPECT in relation to a place/vehicle:

  • an offence is being committed about to be that would likely to cause injury to any person, or serious damage to or serious loss of any property OR
  • there is a risk to the life or safety of any person that requires an emergency response

YOU MAY WITHOUT WARRANT

  • Enter the place or vehicle AND
  • Take any action you have reasonable grounds to believe is necessary to:
    • prevent the offending from being committed or continuing OR
    • advert the emergency
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16
Q

S & S Act 2012 powers in relation to FV

To search people in possession of arms what can you do?

S 18 (1)(2) S & S Act 2012

A

If you have reasonable grounds to SUSPECT a person is carrying arms, is in possession of them, or has them under their control, AND

  • The person
    • is in breach of the Arms Act 1983 OR
    • by reason of their physical or mental condition is incapable of having proper control of the arms OR may kill or cause bodily injury to any person OR
  • that under the DV Act 1995:
    • a PO or PSO is in force against that person OR
    • there are grounds to apply for a protection order against them

YOU MAY WITHOUT WARRANT

  • Search the person
  • Search anything in their possession or under their control (including vehicle)
  • Enter a place or vehicle to carry out one of the above
  • Seize and detain:
    • any arms found
    • any licence under the Arms Act 1983 that is found (unless impracticable in the circumstances, obtain SGT before exercising any of these powers)
  • Arms are in possession or under their control if they have access to them.
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17
Q

S & S Act 2012 powers in relation to FV

To enter any place or vehicle to search for firearms what can you do?

S 18 (3) S & S Act 2012

A

If you have reasonable grounds to SUSPECT that there are arms in any place or vehicle:

  • in respect of which a category 3 or 4 offence or an offence against the Arms Act 1983 has been committed OR
  • that may be evidential material in relation to a category 3 & 4 offence or an offence against the Arms Act 1993

YOU MAY WITHOUT WARRANT
-Enter the place or vehicle
-Search it
-Seize and detain any arms or licence under the Arms Act 1983 found there
(unless impracticable in the circumstances, obtain SGT before exercising any of these powers)

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18
Q

Powers under the CYPF Act 1989

To enter to enforce warrants in respect of children what may you do?

A

You may enter to enforce warrants issued to:

  • Enforce a court order for:
    • day to day care of a child (S72 Care of Children Act 2004)
    • contact with a child (S73 Care of Children Act 2004)
  • Prevent removal of a child from NZ (S77 Care of children Act 2004 & S205 CYPF Act 1989)
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19
Q

Powers under S42 CYPF Act 1989

To enter to remove a child what may you do?

A

If you have reasonable grounds to BELIEVE that is is critically necessary to protect a child or young person from injury or death

You may without warrant

  • Enter any dwelling, building, ship, vehicle, premises or place and
  • Remove or detain, by force if necessary, a child or young person and place them into custody of the Chief Executive of CYF
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20
Q

Powers under S39 CYPF Act 1989

To enter, search and place in safe custody (Place of safety warrants) what may you do?

A

If you have reasonable grounds to SUSPECT that a child or young person has suffered, or is likely to suffer, ill-treatment, neglect, deprivation, abuse, or harm

You may
-Apply to the court for a place of safety warrant and then -

WITH A WARRANT

  • Enter and search by force if necessary any building, aircraft, vehicle etc
  • If you BELIEVE on reasonable grounds, that the child/young person has suffered or is likely to suffer, ill-treatment , serious neglect, abuse, serious deprivation or serious harm:
    • Remove or detain, by force if necessary, the child/young person and place them in custody of CYF’s chief executive OR
    • Where the child is in hospital, direct the medical superintendent of that hospital to keep the child in that hospital
21
Q

What are the 13 process point in a FV investigation ?

A

1 Initial response
2 Investigation and crime scene examination
3 Referrel to CIB and CPT & notification to relevant crises agencies
4 Interviewing witnesses and suspects
5 Formally assessing risk and completing relevant parts of the Pol 1310
6 Considering arrest
7 Issuing PSO
8 Ensuring safety, support and intervention
9 Charging
10 Bail
11 Prosecution or case disposition
12 Sharing information with other agencies
13 Monitoring and evaluation

22
Q

If a suspect is not located at the scene how long do you have to serve the PSO?

A

48 hours

23
Q

When attending situations where firearms are present what must you do when seizing a firearm?

A

Report to the commissioner within 3 days submitting a Firearms Search & Seizure form on notifications

24
Q

Corroboration why and how?

A 
Is important if the victim becomes a reluctant witness.
How:
- medical examinations
- photographs
- scene evidence
- 111 call
- emails, text
- admissions or other corroborating or damaging statements by suspect
- witness statements
25
Q

Under what acts and section can Police get evidence sworn which can later be used?

A

Evidence Act 2006 and S82 Criminal Procedure Act 2011

26
Q

When MUST police collect risk information in FV occurrences attended:

A

When:
involving intimate partner violence IPV and/or
When children are present

  • Risk information is NOT COLLECTED in other family violence cases
27
Q

Tell me about ODARA

A

ODARA is a risk assessment tool

There are 13 items that must be scored 1 if present, 0 if absent or unknown

A maximum of 5 unknown items are permitted
If there is 6 or more unknown items no score can be reached

Scoring an item as unknown if further enquiries are required or possible is preferable to scoring 0

28
Q

Name the 3 situations in which a report of concern(ROC) MUST be sent to the CYF National Contact Centre (NCC)?

A

1 - When there is serious child abuse, the Child protectional protocol (CPP) applies
2 - Where one or any combination of the CRF priority factors are indicated as being present
3 - A situation where the child protection protocol does not apply, none of the priority factors are present, but an assessment of all circumstances indicates to you that is still appropriate for a report of concern to be made for an other risk indicated case.

29
Q

When are reports of concern made to the local CYF sites?

A

When none of the 3 reports of concern situations apply, a report of concern should be made by the FV coordinator to the closet local CYF site, attaching the Pol1310, in all other family violence cases involving children.

30
Q

How to report and with what urgency to ensure child safety.

CRITICAL

A

The CPP applies
1-Take enforcement action as appropriate
2- If necessary remove or detain the child and place in the custody of the Director General (S42 CYPF Act)
3- If child is not removed and is safe, contact your local CPT asap
-if in normal hours complete Pol350 and send electronically to local CPT asap.
-if outside standard hours ring the CYF national contact centre asap to advise them of the ROC

4- Complete case file and notes and forward to CPT if required
5- CPT will complete a tasking to the Area FVC/FST to review case occurrence

31
Q

How to report and with what urgency to ensure child safety.

CRITICAL MEANING

A

Critical means is at immediate risk of serious harm and the need for immediate protection may be necessary.

32
Q

How to report and with what urgency to ensure child safety.

SERIOUS CHILD ABUSE

A

The CPP applies
1-Take enforcement action as appropriate
2- If necessary remove or detain the child and place in the custody of the Director General (S42 CYPF Act)
3- If child is not removed and is safe, contact your local CPT asap
-if in normal hours complete Pol350 and send electronically to local CPT asap.
-if outside standard hours ring the CYF national contact centre asap to advise them of the ROC

4- Complete case file and notes and forward to CPT if required
5- CPT will complete a tasking to the Area FVC/FST to review case occurrence

33
Q

How to report and with what urgency to ensure child safety.

WHAT IS TEST FOR SERIOUS CHILD ABUSE?

A

One of the following has occurred

  • serious physical
  • sexual abuse
  • serious wilful neglect
  • serious family violence where child is present and/or is a witness
  • ODARA indicates current or previous child assault
  • serious allegations of child abuse involving CYF caregiver or member of Police
34
Q

How to report and with what urgency to ensure child safety.

FV OCCURENCE CRF INDICATES PRIORITY FACTORS

A

The CPP protocol doesn’t not apply
1- Take enforcement action as appropriate
2- Make a report of concern to CYF NCC asap with supervisors/FVC consent by email using Pol351
3- Complete case file and notes
4- The pol 351 and Pol 1310 are evaluated and prioritised by Area FV for the FVIARS process

35
Q

How to report and with what urgency to ensure child safety.

WHAT IS TEST FOR FV OCCURENCE CRF WHICH INDICATES PRIORITY FACTORS?

A

One or more priority factors are present on Pol1313

36
Q

How to report and with what urgency to ensure child safety.

OTHER RISKS INDICATED CASE

A

The CPP protocol doesn’t not apply
1- Risk child risk info with the area FVC/supervisior
2- If approved for a report of concern (ROC) forward to CYF NCC following 2-4
2- Make a report of concern to CYF NCC asap with supervisors/FVC consent by email using Pol351
3- Complete case file and notes
4- The pol 351 and Pol 1310 are evaluated and prioritised by Area FV for the FVIARS process
3- If not approved for a ROC to CYF NCC FVC will make a ROC to the closest local CYF site attaching the Pol1310

37
Q

How to report and with what urgency to ensure child safety.

WHAT IS THE TEST FOR OTHER RISKS INDICATED CASE?

A

No priority factors are identified but the circumstances indicate potential risk to children

38
Q

How to report and with what urgency to ensure child safety.

CHILDREN PRESENT

A

The CPP protocol doesn’t not apply
1- FVC to make ROC to the closest local CYF site attaching the Pol 1310
2- Complete case file and notes
3-The Pol 351 and Pol 1310 are evaluated and prioritised by Area FVC for the FVIARS process

39
Q

How to report and with what urgency to ensure child safety.

WHAT IS THE TEST FOR CHILDREN PRESENT?

A

No priority factors are identified and no other circumstances indicate potential risk to children

40
Q

How is a report of concern to CYF NCC?

A

A ROC is made to the CYF NCC by completing either a Pol 350(serious child abuse) or a Pol 351 where the FV criteria is met and attaching a complete copy of the Pol 1310 forest

Both documents are then emailed to cyfcallcentre@cfy.govt.nz

41
Q

Where offending is disclosed and actions other than K9 are contemplated. What should you do?

A

You MUST consult your supervisor before proceeding

42
Q

When there is insufficient evidence to K9 for FV what steps should you take ?

A

1- If you have a victim or child safety concerns following a risk assessment, consider if it is appropriate ti issue a PSO

IF YOU DONT K9 OR ISSUE A PSO, FOLLOW THE REMAINING STEPS IN THIS TABLE
2-Before departing, ensure the victim and the children are safe, linked to appropriate support services, and receive the victim information form.
3-Do not give any warnings where there is insufficient evidence to prosecute

43
Q

If there has been an assault or threat with a weapon in hand in the victims presence. What must you do?

A

ODARA must be completed

44
Q

When a protection order has been breached AND an assault has also occurred, you must?

A
  • Charge the offender with the assault and the breach

- Not release the offender on bail for 24 hours, provided there is no court hearing before that period has elapsed

45
Q

What is the restrictions on Police bail if a protection order is breached?

A

If a person has been k9 under S50 Domestic Violence Act and charged with an offence against S49 of the Act they must not be granted Police bail during the 24 hours immediately following the arrest

The arrested person must be brought before the court asap

46
Q

Can you release a FV defendant on Police bail?

A

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

47
Q

What must happen when Opposing Court Bail?

A

Any opposition to bail must fit within a criteria detailed in S8 of the Bail Act 2000, which is whether there is a risk to the victim.

48
Q

If someone on EM bail is served a PSO what must you do?

A

They will be unable to remain there for the duration of the order and therefore unable to comply with standard condition 5 of their bail bond.

In these circumstances, follow the EM bailee served with PSO procedure in the Bail chapter - EM breaches and unsuitable addresses

CIK 2017 Investigating Violent Offences (3 decks)

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