1. Family harm

Question 1

What are the principles that guide Police practice and family harm?

Answer 1

Early intervention
Culturally appropriate response
Safety
Collecting risk information
Accountability
Working collaboratively

Question 2

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

Answer 2

They cannot be bailed during the first 24 hours after arrest unless they have been bailed from Court.

If they cannot get to Court in the first 24 hours, they get bailed in the normal manner once the 24 hours is up.

The need to protect the victim is the paramount consideration for the Court when determining whether to grant bail.

Question 3

Who can authorise Police bail of a family harm offender?

Answer 3

You must have the authority of a Sergeant or above before releasing a family harm defendant on Police bail.

Question 4

What happens when an offender is on electronic monitored bail at an address and they are served a Police Safety Order?

Answer 4

They will be unable to remain at the address for the duration of the order, and therefore are unable to comply with their bail conditions. They would have to tell the Court to modify their conditions. Police should consider opposing continuation of EM bail at that address.

Question 5

What must you do if you have to serve a protection order on a serving Police officer?

Answer 5

You are required to send a copy of it to the employees District Commander.

Question 6

What must an officer do if they receive a protection order?

Answer 6

They must immediately report the fact in writing, including the full details to their supervisor who must then inform the HR manager and Police Professional Conduct.

If the officer does not report it immediately, it may be viewed as an aggravating factor when considering the nature of the conduct disclosed.

Question 7

What happens to an officer who is the respondent of a protection order in relation to the use of weapons and firearms?

Answer 7

A protection order prevents the possession or use of any weapons including firearms. This means employee cannot carry their appointments or use a firearm without being in breach of the order. Police must ensure the officer cannot access firearms.

Police can in rare cases seek to vary the standard condition related to firearms to allow officer to carry out their full duties.

Question 8

What is a PSO?

Answer 8

Police safety order.

These are immediate orders issued by Police at a family harm episode. Any person bound by the order has to surrender any weapon in their control, any firearms license, and vacate any building occupied by the person at risk regardless of whether there is a legal right to it. PSO’s can be issued for up to 10 days.

Question 9

Why would Police issue a PSO?

Answer 9

It enables an officer to take immediate action to protect persons at risk when there is insufficient evidence of an offence.

It provides time for the person at risk to seek support and assistance, including applying for a protection order.

It gives time for the bound person to cool down and also seek support and assistance.

Question 10

Do you need the consent of a person at risk to issue a Police Safety Order?

Answer 10

No. Consent is not required from the person at risk.

Question 11

What is the effect of a Police Safety Order?

Answer 11

The bound person must surrender any weapons or firearm license, vacate the building occupied by the person at risk regardless of whether they have an interest in it, and it provides a cooling down period.

Question 12

What are the effects of serving a PSO?

Answer 12

The bound person must not engage in any family violence, must not make any contact with the person at risk, or encourage any person to engage in family violence or contact the person at risk.

Question 13

When can a person bound by an order contact the person at risk?

Answer 13

Emergency
Special condition of a relevant protection order
FGC
Court appearance

Question 14

What happens to a parenting order when a PSO is issued?

Answer 14

Parenting order is suspended. Any day to day contact or care of a person provided for in the parenting order has no effect and the provisions of the PSO apply.

Question 15

When can a Police Safety Order be issued?

Answer 15

A qualified constable may issue a Police Safety Order to a person who is in a family relationship if the constable believes on reasonable grounds that it is necessary to help make a person at risk safe.

Question 16

When can a Police Safety Order not be issued?

Answer 16

If a person posing risk is arrested and charged with an offence.
Bail conditions which serve the same purpose.
Cannot issue a PSO to a child under the age of 16.

Question 17

Should you issue a PSO if there is a protection order in place?

Answer 17

An officer can serve a PSO if there is not sufficient evidence to arrest for breach of protection order. This takes the pressure off the protected person to protect themselves as they cannot consent to the offender living with them, and allows for any parenting orders to be suspended.

Question 18

What should you consider when deciding to issue a Police Safety Order?

Answer 18

1) Whether person posing risk has inflicted violence or will again inflict violence.
2) The welfare of the children
3) Any hardship that may be caused.
4) Any other matter considered relevant, including mental illness, drugs alcohol, history, propensity for violence.

Question 19

In relation to hardship, what should you consider when issuing a PSO?

Answer 19

Consider who will have the family car, who is in charge of family finances, alternative accommodation and transport, any child with a disability or illness.

Beware of dangers to the children for reasons not immediately apparent.

Question 20

What is the commencement and duration of PSO’s?

Answer 20

A PSO can be issued for up to 10 days in duration.
When deciding on the duration of the order consider hardship, Court access, and how long it will take the family to access appropriate support services.
As a starting point, consider 24 hour duration and then factor in relevant considerations.
PSO’s more than 5 days are for situations where there is a likelihood of serious harm occurring.

Question 21

Who can issue a PSO?

Answer 21

A qualified constable. Note that a relieving Acting Sergeant is not qualified and cannot authorise the use of a PSO. You should seek approval from the Comms Supervisor, Custody Sergeant or the DCC shift supervisor for approval.

Question 22

Explain Police powers pending authorisation and issue of a PSO

Answer 22

Police can detain the person for up to two hours. The two hour period commences when the constable decides that a PSO is necessary.

Police can remove the person from the premises and take them to a Police Station during the period of detention.

A person who refuses to remain at a place where they are detained commits an offence and is liable for a $500 fine and may be arrested without warrant.

Question 23

What must you do if you cannot serve a PSO within the two hour time period?

Answer 23

You must release the detained person. You then have 48 hours to issue and serve the order on that person. The order will expire if you cannot serve within that time period.

Question 24

When issuing a PSO, what should you do if you believe the bound person may be in possession of a firearm?

Answer 24

Consider invoking section 18 of the Search and Surveillance Act ‘12 to search for and secure all firearms found.

A report must be sent to the Commissioner within three days if this power is exercised.

Question 25

After a PSO is issued, what should Police do for the victim and the bound person?

Answer 25

Police should contact the person at risk within 24 to 48 hours of the order being served to check for any breaches, and to ensure the person at risk understands what constitutes a breach.

Unless impractical to do so, Police should also revisit the bound person if they are considered high risk.

Question 26

What should you do if a bound person has breached a PSO?

Answer 26

You can arrest the bound person and take them into custody, using reasonable force.

You must deliver them to Court within 24 hours, but if you cannot you must release the person and summons them to appear.

Question 27

What do you do if the bound person cannot be found after the breach of PSO?

Answer 27

You must enter the breach in On Duty. You have one month to locate the bound person and bring them into custody. You then have 24 hours to bring them before the Court.

You may also apply to the Court for a warrant to arrest to be issued. This warrant provides for a power of entry using reasonable force if you have reasonable belief that a person is at an address.

If a WTA has been issued but the bound person has not been located within one month, Police must seek leave to withdraw the warrant.

Question 28

How do you record a PSO?

Answer 28

The order should be captured in OnDuty or recorded by contacting the
CRL on 0800 NZP PSO.

Question 29

What must a prosecutor do when filing a complaint for breach of a PSO?

Answer 29

Prosecutors must advise the person at risk of the Court decision in any subsequent action.

The onus is on the district to advise the person at risk, and maintain this function.

Question 30

What is the only arrestable offence relating to Police Safety Orders?

Answer 30

Failing to remain while a safety order is issued.

It is not an offence to breach a safety order, however if other offending occurred the bound person should be charged with the appropriate offence.

Question 31

Can you issue a PSO on a child age 16 or 17?

Answer 31

Only if the order is justified by special circumstances - ie. where there are reasonable grounds to believe it is necessary to help make that child’s family member safe from violence.

Question 32

Who’s approval do you need to have prior to issuing a PSO against a child age 16 or 17?

Answer 32

Approval from a Senior Sergeant or above and that Senior Sergeant has consulted with Oranga Tamariki.

The duration for a PSO on a child must be the least restrictive amount of time possible.

Question 33

How long can you detain a child when issuing a PSO?

Answer 33

Two hours.

You must obtain authorisation to issue the order, issue the order, and serve the order within this two hours.

Question 34

What happens if a child (youth - 16 or 17) refuses to remain at the place where they are detained when issuing a PSO?

Answer 34

You may arrest the child without warrant (sec 214, OT Act 1989).
As this is a criminal offence the matter will be dealt with in the Youth Court.
The penalty is a $500 fine.

Question 35

Police employees and family harm

What should you do when a Police employee is involved in a family harm episode?

Answer 35

A normal Police response applies.

Welfare considerations are important for both parties and the shift supervisor should refer to the local welfare officer.

Police must consider the impact of any criminal offending on the ability of the employee to remain, and the compatibility of an employee convicted of a family violence event.