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cpk > CYPF and Family Harm > Flashcards

CYPF and Family Harm Flashcards

1
Q

Sec.39(1) OTA 1989
Place of Safety Warrant

A
  • District Court Judge (or if no judge, an issuing officer)
  • is satisfied there are reasonable grounds for suspecting CYP
  • suffering/likely to, ill-treatment, neglect, deprivation, abuse, harm(indah)
  • may issue warrant to Police/Chief Executive(OT)
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2
Q

Sec.39(2) OTA 1989
Place of Safety Warrant - Entry

A

(a) ENTER and SEARCH any dwelling house, building aircraft, ship, vehicle, premises
(b) RGTB, CYP has/is likley to suffer (indah)
(i) REMOVE and DETAIN and place in custody of chief executive; or
(ii) where CYP in hospital, direct Medical Superintendent of hospital to keep CYP in hospital

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3
Q

Sec.42 OTA 989
Search without warrant

A

(1) RGTB critically necessary to protect CYP from injury/death may
(a) ENTER and SEARCH any dwelling house, building, aircraft, ship, vehicle, premises
(b) REMOVE and DETAIN and place in custody of chief executive

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4
Q

Sec.42(2) OTA 1989
What must you do if exercising powers under subsection(1)?

A

(a) Produce ID; and
(b) Disclose powers being exercised
*report to Commissioner within 3 days

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5
Q

Sec.48 OTA 1989
Unaccompanied CYP

A

(1) CYP found unaccompanied by parent/guardian/person usually having care, in situation where CYP’s physical/mental health is/likely to be impaired, Constable may
(a) with consent of CYP deliver to parent/guardian or person usually having care; or
(b) If -
(i) CYP does not wish to be returned to parent/guardian or other; or
(ii) no parent/guardian or other willing to have custody -
place CYP in custody of chief executive

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6
Q

What age is a young person?

A

Of or over 14 years, but under 18 years

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7
Q

Sec.214(1) OTA 1989
Arrest of CYP is necessary to ensure:

A

*Appearance of CYP in Court
*Prevent further offending
*Prevent interference with witnesses
*Prevent loss/destruction of evidence
*Summons would not achieve that purpose

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8
Q

Sec.214(2) OTA 1989 - two criteria where arrest justified

A

Nothing in subsection (1) prevents arrest of CYP without warrant for offence -
(a) where maximum penalty is 14 years to life imprisonment, and
(b) required in the public interest

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9
Q

Sec.214(3) OTA 1989
Obligations following arrest of CYP (within 3 days)

A

Written report to
Commissioner

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10
Q

Sec.214A OTA 1989
Grounds for arrest of CYP breaching bail

A

(a) CYP on bail; and
(b) RGTB -
(i) has breached bail; and
(ii) has breached bail on 2 or more previous occasions

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11
Q

Authority to arrest CYP under Sec.214A (bail breach) must be obtained from who?

A

*Youth Aid Sergeant
*Supervising Sergeant or above
*qualified Youth Aid Officer

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12
Q

Sec.215 OTA 1989
CYP Rights

A

*May be arrested if refuse to give name and address (if arrestable/can’t summons)
*Not obliged to accompany for questioning, if agree, can withdraw consent at any time
*Not obliged to make any statement
*If agree to make statement, can withdraw consent at any time
*Statement may be used in evidence
*Entitled to consult/make statement in presence of lawyer, nominated person or both

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13
Q

Sec.218 OTA 1989
Under this section, how are the rights to be explained to a CYP?

A

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

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14
Q

Sec.222 OTA 1989
Persons a CYP may nominate

A

*Parent or guardian
*Adult member of family, whanau
*Any other adult selected by CYP
*If CYP refuses to nominate, any adult (not being an enforcement officer)

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15
Q

Sec.222(2) OTA 1989
Situations where nominated person is not appropriate

A

(a) Likely to attempt, or pervert course of justice; or
(b) Cannot be located, or not available within reasonable period of time

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16
Q

What is the role of the nominated person?

A

*Ensure CYP understands matters explained
*Support CYP, before/during questioning, and making of statement

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17
Q

Sec.234 OTA 1989
Following arrest of CYP what release options do Police have?

A

*Release without charge
*Release on bail
*Deliver into custody of parent, guardian or other person
*With agreement of CYP, any Iwi/Cultural Social Service
*With agreement of CYP any other person approved by chief executive/constable

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18
Q

Sec.235 OTA 1989
CYP may be arrested and placed in custody of chief executive within 24 hours of arrest if:

A

*Unlikely to appear in court
*Likely to…..
- Commit further offences
- Destroy evidence
- Interfere with witnesses
- Continue to breach bail

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19
Q

Sec.236 OTA 1989
When may an arrested CYP be detained in Police custody?

A

*Likely to abscond or be violent; and
*Suitable facilities not available to chief executive

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20
Q

Under Sec.236 OTA 1989, who may authorise detention of CYP following arrest?

A

S/Sgt or above (along with chief executive or their delegate); or

  • Sgt appointed by Commissioner to temp. position of S/Sgt 63(1)(a)
  • Sgt authorised by Commissioner to exercise powers of S/Sgt 63(1)(b)
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21
Q

Under Sec.236 OTA 1989, how long may arrested CYP be detained in Police custody?

A

A period exceeding 24 hours until appearance in Court

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22
Q

Police response to family harm is based on what Principles?

A

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

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23
Q

Breach of Protection Orders (must do)

A

*Charge offender with breach ; and
*Not release on Police bail for 24 hours unless there is an earlier court hearing.

  • offender not bailable as of right under Sec.7(2)Bail Act 2000
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24
Q

What is the primary consideration when considering Police bail for a family violence offender?

A

The need to protect the victim, the family members and all protected persons.

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25
Q

Who may authorise Police bail for family violence offending?

A

Sergeant or above.

26
Q

A PSO requires the bound person to do what?

A

*Surrender any weapon, or firearms licence
*Vacate any land or building occupied by person at risk, regardless of whether they have a legal interest in it.

27
Q

How long can a PSO be issued for?

A

Up to 10 days

28
Q

What does the issuing of a PSO offer the person at risk time to do?

A

To seek support and assistance, including applying for a temporary Protection Order. Allows a cool down period for the bound person so they too can seek support.

29
Q

Is the person at risk’s consent required to issue a PSO?

A

No

30
Q

Who may issue a PSO?

A

*A qualified constable (Sergeant or above); or
*a person authorised by a sergeant or above

31
Q

What must the bound person issued with a PSO not do?

A

*Engage in behaviour that amounts to family violence to person at risk
*Make contact with person at risk (unless authorised)
*Encourage any other person to engage in behaviour against, or make contact with person at risk

32
Q

When is contact by the bound person not in breach of a PSO?

A

*Reasonably necessary in an emergency
*Permitted under special condition of protection order
*Necessary to attend FGC
*Necessary to attend court or matters associated with court

33
Q

Effect of PSO on a Parenting Order

A

A Parenting Order is suspended and the provisions of the PSO apply

34
Q

When can’t a PSO be issued?

A

*Person posing risk is charged with family violence offence
*If person posing risk is a child, unless 16 years or over, and order is justified

35
Q

Significant points to consider when issuing a PSO

A

*Concern for safety
*Whether person posing risk has inflicted, is inflicting, or will inflict family violence
*welfare of any children
*hardship that may be caused
*any other relevant matters

36
Q

PSO hardship considerations

A

*who will have the family car
*who is in charge of family finances and holds cards/cash
*financial ability of bound person to find accommodation/transport
*child requiring care and support

37
Q

Factors to consider when deciding whether to issue a PSO

A
  • previous history with Police
  • history of mental illness
  • history of alcohol/drugs
  • propensity for violence
  • family violence history
  • previous PSO’s and other orders
  • multi agency plans
38
Q

How long may Police detain a person to whom a PSO is to be issued?

A

For up to 2 hours, to obtain the necessary authority and to issue and serve the order.

39
Q

When considering a PSO, when does the 2 hour period begin?

A

When the Constable decides a PSO is necessary

40
Q

Where can Police take a person to whom a PSO is to be issued?

A

To a Police Station or place used as a Police Station (patrol car) during the 2 hour period.
If they refuse to remain where they are detained they can be arrested.

41
Q

Once a PSO is issued, what should be done within 24-48 hours?

A
  • check if any breaches have occurred
  • ensure at person at risk understands what constitutes a breach
  • should visit bound person if they are high risk
42
Q

Is breaching a PSO a criminal offence?

A

No, but the bound person can be arrested if has refused or failed to comply with PSO.

Note - must be brought before court within 24 hours, by way of complaint to court, otherwise summons and release.

43
Q

Action to take if bound person taken into custody for breaching PSO

A

*Bring them before court within 24 hours
*Request court makes order under Sec.45 of the Act
*If cannot bring person before court within 24 hours, must release and summons.

44
Q

Can a child aged 16 or 17 years be issued with a PSO?

A

Yes, in Special Circumstances with authority of S/Sgt or above

45
Q

Special Circumstances for issuing PSO to child 16 and 17 years

A

*RGTB PSO necessary to make person at risk safe from serious family violence; and
*Total level of concern in OnDuty is High; and
*Approval from S/Sgt or above; and
*S/Sgt has consulted OT

46
Q

If a bound person has absconded after breaching a PSO, how long do you have to bring them into custody?

A

One month from the time of the breach. You then have 24 hours to bring them before court.

47
Q

Can a person apply for a Protection Order against a child or young person?

A

Yes, if they are 16 years of age and the order is justified by special circumstances

48
Q

Can Protection Orders issued by foreign courts be recognised in New Zealand?

A

Yes, if they are registered in New Zealand.

49
Q

What must a respondent of a Protection Order surrender to Police?

A

Any (weapon) firearms, and firearms licence within 24 hours.
*licence becomes suspended

50
Q

With regards to Family Violence, what are dual defendants?

A

It is unclear who the actual aggressor or victim is and both parties are arrested and charged

51
Q

Sec.8 FVA 2018 - Definition of child

A

A person under 18 years

52
Q

Sec.8 FVA 2018 - Definition of partner

A

Person’s civil union partner
Person’s de facto partner
Person’s biological parent

53
Q

Sec.8 FVA 2018 - Definition of family member (related by)

A

Person related by
*blood
*marriage (including civil union, de facto)
*adoption

54
Q

Sec. 106A Evidence Act 2006 allows for an adult Family Violence victim to do what?

A

Give evidence in chief via a video recording. Recording must be made by a police employee, no later than 2 weeks after family violence incident

55
Q

Sec.12 FVA 2018 Definition of Family Relationship

A

*Spouse or partner
*Family member
*Ordinarily shares household with
*Has close personal relationship with

56
Q

Definition of a person at risk in relation to a PSO

A

A person named in the order for whose safety the order is issued;
- includes a protected child who resides/periodically resides with person named in the order

57
Q

Sec.35 FVA 2018 PSO duration

A

*Order comes into effect immediately on being served on bound person
*Order continues for period specified, not exceeding 10 days

58
Q

Immediate effects of a PSO on bound person

A

*Surrender firearms/licence in their possession/control
*Vacate any land or building occupied by person at risk
*Provide cool down period - person at risk can seek support including applying for temporary Protection Order

59
Q

Does a Protection Order protect anyone other than the applicant?

A

Yes. Any child of the applicant’s family;
until the child is no longer part of the applicant’s family or order lapses.

Note - still applies if the child turns 18 and ordinarily/periodically resides with the applicant (adult child)

60
Q

Definition of Family Violence

A
  • Physical abuse
  • Sexual abuse
  • Psychological abuse

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