Victims/Youth

Question 1

Three initial steps OT and police must follow

Answer 1

Referral - information sharing between the two agencies

Consultation - discussion at appropriate levels

Agreement – agreeing upon an initial action and joint investigation plan

Question 2

Topics that must be considered for an initial joint investigation plan

Answer 2

• immediate safety of the child and other children
• if a joint visit is required
• Management of the initial interview of the child
• Referral to a medical practitioner
• collection of evidence (photographs)
• any further actions for police and OT

Question 3

Return of property held as evidence

Answer 3

Lauren enforcement that hold property of a person other than the offender for evidentiary purposes must return it to that person as soon as practicable

This does not apply if the person advises the agency they don’t want the property returned

Question 4

Complainant character in relation to sex offences

Answer 4

No question can be put to a witness that relates to:
- Sexual history with the defendant
- The fact the complainant has sexual experience with the defendant
- An act or omission that is one of the elements of the offence for which the defendant is being tried.
-the sexual experience of the complainant with someone other than the defendant
- The sexual disposition of the complainant

Question 5

Acceptable corroboration

Answer 5

Defendants silence - if both the defendant and complainant are silent and on an equal footing the defendant silence may be as an admission and thereby corroboration.

Victims distressed condition - the test rests on whether the victims condition is genuine and can said to be involuntary and uncontrived so as to amount to independent evidence of the allegation

Question 6

Arresting juvenile offenders

Answer 6

Section 214 OT Act 1989

W - prevent interference with witnesses
E - ensure appearance before court
E - prevent loss or destruction of evidence
P - prevent further offending

Arrested without warrant for category 3 or category 4 offending

Write a written report to the commissioner within three days

Question 7

When rights explained to YP (5)

When they do not (3)

Answer 7

• when under arrest
• police suspect them of committing an offence
• before asking questions intended to obtain admission of offence
• During questioning grounds are formed the person has committed an offence
• when the person enquires police about all or part of the rights in section 215

When they don’t
- Being held for breath and blood alcohol provisions under the land transport act
- Being held under the immigration act
- been given their rights within the previous hour