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S/Sgt CPK 2023 - email ATCV36 for access > 1.2 Family Harm, PSO's & PO > Flashcards

1.2 Family Harm, PSO's & PO Flashcards

1
Q

What are the 6 core principles that guide police practice in FH

A
  • accountability (thorough investigation to hold aggressor to account)
  • culturally appropriate
  • early intervention (eyes wide open at all FH investigations)
  • safety (all parties, children and officers)
  • working collaboratively (with FH specialists in police, multi agencies, police to provide quality info to agencies and active case management)
  • collection of risk info (to enable planning, assessment, risk management and guide decisions)

A.C.E.S.W.C = Aces war collection

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2
Q

What does the Duluth power and control wheel highlight

A

The tactics of abuse most universally experienced by battered women include intimation, isolation, emotional and economic abuse, and using children to manipulate.

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3
Q

As per the Duluth model, what is an example of this intimidation?

A

Abusers using overt threats and actual harm to animals as a tool to control their family (36.5% of partner violence victims report pet injured or killed)

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4
Q

What are some impacts on children exposed to FH

A
  • Difficulty learning
  • Becoming offender or victim
  • Increased chance of mental illness
  • Suicide
  • Increased chance of alcohol and drug abuse
  • Difficulty forming attachment
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5
Q

What are the primary considerations for deciding bail for a family violence incident (3)

A
  • Safety of the victim and family members
  • Linking victim to support and services
  • The possible need for defendant to have cooling off period
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6
Q

What restrictions are there on police bail regarding person arrested for Breach of PO?

A

They cannot to be granted police bail in 24hrs following arrest unless there is a court hearing earlier than this where court bail can be determined

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7
Q

What is the paramount consideration for the court when determining whether to grant bail to someone charged with BoPO?

A

The need to protect the victim and all protected persons

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8
Q

A person charged with BoPO cannot receive Police bail during the 24hrs immediately following their arrest. What happens at the expiry of that 24hrs if they have not been able to appear in court?

A

Pending their court appearance, follow standard procedures for determining whether the persons should be granted police bail.

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9
Q

Who’s permission must be obtained prior to granting police bail for a family violence offender

A

Sgt or above

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10
Q

What should a prosecutor consider in opposing court bail in family violence cases

A

The need to ensure:
* victim and families safety
* any safety plans in place

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11
Q

What should be considered when the perpetrator of a FH incident is on EM bail to an address, and as a result of a family incident, is served a PSO?

A

Consider opposing perpetrator’s EM bail to that address

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12
Q

Other than a FH investigation, police employees who perpetrate FV will be subject to the processes of what?

A

The code of conduct

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13
Q

What do police need to balance when dealing with a police employee involved in a FH episode?

A

The police must balance:
* its responsibility as an employer to support employees and their families, and
* act consistently and appropriately, with the public interest and the reputation of police in mind

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14
Q

When a police employee is involved in a FH episode, what two simultaneous actions should occur?

A
  • the normal police response applies
  • welfare considerations for both parties, and the shift supervisor, where appropriate, refer the matter to the welfare officer
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15
Q

What should police consider regarding an officer involved in FH incident

A
  • impact of criminal offending and ability to remain police employee
  • compatibility in policing role if convicted of FV or respondent in PO
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16
Q

When do these policies and procedures pertaining to police employees and FH apply?

A
  • comes to supervisors attention that employee maybe experiencing/involved in FH (employee victim or offender)
  • police attend and although no offending is disclosed, a warning or PSO is issued and/or there are concerns that the FH will continue or escalate
  • police attend and FH is disclosed and the employee is victim or offender
  • police become aware temporary or final PO issued, and the employee is either the respondent or protected person
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17
Q

What must occur when employee is charged or convicted of FV offending? (3)

A
  • shift supervisor must REPORT this to District Employee Practice manager and Police Professional Conduct Manager, who advise relevant DC or NM
  • WELFARE contact and counselling through EAP must be offered to victim and, if appropriate to offender
  • the employee practice manager in consultation with the NM: Police Professional Conduct must determine the EMPLOYEE’S SUITABILITY to continue working in current role and if any variations are appropriate

R.W.ES

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18
Q
  1. What must a police officer do if they are the respondent of a PO?
  2. What must the serving officer do?
A
  1. Respondent must report fact in writing, including details of the proceeding, to their supervisor who then must inform HR manager and Police Professional Conduct manager
  2. Serving officer are required to send copy of PO to DC or NM.
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19
Q

Can a constable, who is subject to a PO carry firearms & appointments?

A

No, this breaches the order

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20
Q

What should occur before supporting application to vary standard condition regarding weapons in PO. ie to handle firearms exhibits etc? (3)

A

Make enquiries to consider:
- nature, duration, type of FH disclosed
- employees role
- views of person protected

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21
Q

Who makes final decision on Police support of varying police employee standard condition

A

Deputy Chief Executive: People in consultation with NM: Criminal Investigations Group on receipt of report from district

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22
Q

What is a PSO?

A

An immediate order issued by a qualified constable (or a constable authorised by a qualified constable) under s28 FV Act.

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23
Q

Does a PSO require the victims consent?

A

No

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24
Q

What is a qualified constable for the purposes of a PSO?

A

Sgt or above, or a constable formally appointed under s63 Policing Act.

An acting sgt is not qualified

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25
Q

What three immediate effects do a PSO do?

A

Bound person to:
- surrender any weapons/firearms licence
- vacate land/building occupied by person at risk
- provide cooling off period (to allow person at risk to seek support, including apply for temporary PO)

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26
Q

What other longer term effects do PSO’s have on the bound person? (3)

A

Bound person must not:
- engage in behaviour amounting to FV to PaR
- make unauthorised contact with PaR
- encourages others to do anything that would be prohibited by the order if done by bound person

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27
Q

What type of contact would be authorised and not in breach of a PSO? (4)

A
  1. reasonably necessary in an emergency
  2. permitted under any special condition of any relevant PO
  3. in order to attend FGC
  4. to attend proceeding in court that would be jointly attended
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28
Q

What should occur with an applicant or protected person who is an employee?

A

Employee should be encouraged to report confidentially to welfare and/or supervisor so appropriate advice can come from EAP

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29
Q

What effect does a PSO have on a Parenting Order?

A

Parenting Order is suspended

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30
Q

When can PSO be issued?

A

A PSO can be issued against a person who is in a family relationshop with another person and there is reasonable grounds to believe that the PSO is necessary to make that other person safe from FV

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31
Q

If person is ARRESTED for FV then released for insufficient evidence, can a PSO order then be issued?

A

Yes

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32
Q

Can a PSO be issued if person posing risk is CHARGED for FV offence?

A

No, bail conditions will set out same conditions as PSO

33
Q

What constitutes a family relationship?

A
  • intimate partner
  • family member
  • usually shares household
  • a close personal relationship
34
Q

What factors should be considered when deciding to issue a PSO?

A
  • total concern for safety (determined during On Duty FH investigation)
  • safety actions suggested in frontline safety plan
  • where violence occurred/likely to occur
  • welfare of children residing with PaR
  • hardship caused by issuing PSO
  • other relevant matters as s29
35
Q

When considering hardship caused by PSO, what should be considered? (4)

A
  • who will have family car
  • who is in charge of family finances
  • the financial ability of the bound person to find alternative accommodation
  • whether any child has illness/disability requiring intensive care
36
Q

What should occur if a parenting order is in place (when PSO issued)

A

Inform FV coordinator/FH specialist. Be aware of dangers to the children that may not immediately be apparent

37
Q

When does a PSO order start and how long can they exist for?

A

Start immediately after they are served and for a period not exceeding 10 days

38
Q

How do you determine the duration of an order? What is a good starting point?

A

First consider impact of the PSO (ie hardship, welfare of children, likelihood of inflicting violence etc)

Starting point of 24hrs then consider:
- weekends, public holidays
- ability of person at risk to attend court if considering PO
- how long it will take to access appropriate support

39
Q

When would a PSO issued for over 5 days be relevant? (3)

A
  • where there is likelihood of serious harm occurring
  • where protection/property orders being sought
  • victim relocation being sought
40
Q

What are the three required steps before issuing a PSO?

A
  1. Complete all enquiries to identify possible offences. If no offences consider PSO
  2. Seek authority to issue from qualified constable (if not available can use comms centre, DCC or custody Sgt)
  3. Document authorisation to issue at the time it was given. Authorising Sgt to enter conditions surrounding the PSO in OnDuty/notebook (important should it later be challenged)
41
Q

What powers do you have once you decide to issue a PSO to someone? (3)

A
  1. detain up to 2hrs (after deemed necessary and authorisation obtained)
  2. remove from premises to station, car etc
  3. power to arrest if refuses to remain
42
Q

What happens if unable to serve PSO during time of detention? (2)

A

Must release the person. You then have 48hrs to issue & serve. The opportunity to serve PSO will expire if not served in that time.

PSO Note: 48hr period beings when qualified constable authorises PSO

43
Q

What should be done with person at risk once PSO issued? (3)

A

Implement front line safety plan or other safety measures, including:
- contacting specialist support
- advocacy arranged to enable contact to occur such as interpreter, sign language expert
- advise FV support agency ideally while still at scene as part of front line safety plan

As a part of the frontline safety plan, arrange support and temporary accommodation (if required) for bound person

44
Q

Procedures once PSO served (7)

A
  1. Explain to bound person nature, duration and effect
  2. Risk needs assessment
  3. Capture PSO on OnDuty (or CRL if PSO not available)
  4. Upon serving ensure bound person:
    a) surrender all firearms, weapons and firearms licence
    b) vacates land or building occupied by PaR
  5. Take contact details of bound person so can discuss prevention options later
  6. Contact appropriate agency for support of person at risk
  7. Before end of shift complete family harm investigation into OnDuty
45
Q

What must be done regarding firearms and weapons when PSO served (4)

A
  1. demand surrender of firearms
  2. demand surrender of FA licence (consider revoking licence s27 AA)
  3. if suspect has FA’s then consider s18 S&S search
  4. police must provide suitable storage for all weapons for period of FA licence suspension
46
Q

How do we prevent breaches of PSO

A
  • contact PaR, 24-48hrs after PSO served to check: no breaches have occurred, they understand what constitutes a breach
  • visit bound person (especially if high risk) to allow engagement and offer support services to address FH. To ensure they understand the PSO and what constitutes a breach (especially if 1K at time it was served)
47
Q

Is breaching a PSO an offence?

A

No. But a power of arrest occurs if believe on reasonable grounds has refused or failed to comply with the order. May use reasonable force to arrest

48
Q

What occurred if you find the bound person breaching a PSO? (4)

A
  1. You may arrest them using reasonable force if required
  2. If detained, they must appear in court within 24hrs
  3. Complaint to court requesting order under s45
  4. If no court in 24hrs then release on summons. Note: can be arrested for failing to appear on summons.
49
Q

What is the process open to you if a person breaches a PSO and absconds? (5)

A
  • Must capture breach on OnDuty or advise CRL
  • 1 month to locate person (from time breach occurred)
  • 24hrs to get to court once located
  • file a complaint and order sought per s45

You may also apply for WTA to provide power of entry

50
Q

What is process of obtaining a WTA for breaching the PSO and its effects, requirements and duration (6)

A
  • apply to court for a WTA to be issued under s51
  • once issued, record as alert in NIA
  • WTA provides power of entry/reasonable force for reasonable belief bound person at a specific address
  • once located, bring person to court ASAP (civil rules of evidence apply)
  • if not located within one month, WTA must be withdrawn at court
51
Q

What must happen to a WTA that has been issued for a breach of PSO after one month?

A

Must be brought before court and withdrawn

52
Q

How long, after a WTA has been issued, should you look for bound person

A

One month to bring the person before the court

53
Q

When does the WTA alert expire in NIA. What does this mean for the court issued WTA

A

10 days, but remains active in the court

54
Q

Are charging documents filed in court for breaching a PSO?

A

No as it is not an offence. A copy of the complaint (POL2142) is electronically sent to the court, however the original must be sworn at court by Constable named on complaint.

Complaints cannot be filed electronically like charging documents

55
Q

What can court do if finds person has breached PSO? (4)

A
  • continue with existing order
  • if PSO hasn’t expired, direct that another PSO be issued for period not exceeding 10 days
  • if PSO expired, direct another is issued
  • Adjourn so DC judge can consider if temporary PO should be issued
56
Q

If new PSO is directed by court, what arrangements will the prosecutor make? (3)

What must be remembered?

A

Arrange for the PSO to be issued by a role-holder, determined by the following order:
- issued by officer of the court
- issued by constable in vicinity of court
- issued by prosecutor (if a constable)

Remember 2hr holding period to issue the PSO

57
Q

What must the prosecutor, officer of court, constable advise the PaR after a breach of PSO?

A

Court decision and subsequent action

58
Q

What if person at risk is not at court (3)

A

If PaR is not court, ensure that contact is made with the PaR by:
- making three phone attempts in an hour
- arranging for local unit to 4Q

Ensure you update NIA to reflect action taken

59
Q

Is the onus on CRL or District to ensure this is done

A

District, however CRL can assist

60
Q

What is the only offence relating to PSO?

A

Failing to remain while safety order issued. 2hr limit of detention. $500 fine

61
Q

Can a PSO be issued on child?

What are the special circumstances and consideration (3)

A

A PSO can only be issued against 16 & 17 yrs and in special circumstances.

  1. reasonable grounds necessary to make family member, or someone in close family relationship safe from FV. AND
  2. must have HIGH ‘total level of concern’ in OnDuty
  3. Approved by Snr Sgt or above AND Snr Sgt has consulted with OT regarding placement
62
Q

What other matters need to be addressed concerning the 5F file with a child 16 & 17yrs (6)

A
  1. Quality 5F file on OnDuty
  2. Joint guidance police/OT
  3. Record decision making & consultation with OT
  4. Record justification for duration
  5. Ensure all parties fully informed and understand implications of PSO
  6. Update NIA
63
Q

How should we treat 16 & 17yr olds differently when considering a PSO?

What duration should be considered?

A

Take holistic approach, consider developmental potential, health needs, whakapapa, language, cultural identity and values

The least restrictive time possible to enable that cool off period

64
Q

You have the same 2hr period to issue the PSO. While in detention are protections under s214 OT Act applicable?

A

No, as the 2hr detention is not an arrest without warrant. However s23 BoRA applies

65
Q

What three things must be undertaken in the 2hrs

A
  1. authorisation to issue the order
  2. issue the order
  3. serve the order
66
Q

If child fails to remain the 2hrs what applies?

A
  • its a criminal offence so s214 OT Act applies
  • subject to $500 fine
  • will be dealt with in Youth Court
67
Q

What occurs if child (16 & 17yrs) breaches PSO?

A
  • may take into custody (max 24hrs to be taken to court)
  • deal with by complaint to DC
  • must be summonsed if can’t get to court in 24hrs
  • as no offence s214 won’t apply. But best to consider these provisions
68
Q

When must police be involved in serving a PO (4)

A
  1. Respondent holds FA licence
  2. Respondent believe to be in possession of FA’s
  3. Assessed as being significant risk to server
  4. PO granted without notice
69
Q

What will police ensure regarding PO’s (5)

A
  • information sharing, risk assessment and safe service practices for PO’s
  • at time of service, demand surrender of FA’s and FA licence
  • staff safety paramount during service
  • serving officer will advise protected persons once served
  • all breaches taken seriously. Most case offender arrested and prosecuted
70
Q

On making a temporary PO what is deemed to have occurred to a respondents FA licence?
What happens when the PO is final?

A

Temporary - suspended.
Final - revoked

71
Q

What is the condition of every PO regarding weapons

A

Respondent must not:
1. possess any weapon (firearm, airgun, restricted weapon, ammunition etc)
2. hold a firearms licence

72
Q

What must the respondent do in these circumstances (has weapons/firearms licence)?

A

Surrender weapons under control and any FA licence held: ASAP and less than 24hrs and on demand at any time by constable

73
Q

What must be done if you are aware of a respondent of an old non-molestation or non-violence order having a FA licence?

A

Contact inspector to consider revocation of FA licence (27AA) non molestation or non violence are to be treated as if they were PO’s under the new act

74
Q

What should occur if we become aware a respondent is trying to coerce the protected person to seek discharge of a PO

A

Oppose application if history of parties indicates PO should stay in place

75
Q

What should be considered if there is belief respondent is in possession of or have access to firearms

A

s18 S&S act. Report must be sent to Commissioner in 3 days

76
Q

What should Police do with FA’s when PO is made (suspension of FA licence) and when PO is final (revoked)

A

While suspended provide suitable safe storage. When revoked dispose of firearms per s28 AA

77
Q

What must the officer serving a PO do once served (6)

A
  • Give notice to O/C closest station to where served
  • Inform victim
  • Document victim contact in NIA
  • Forward notice of service to FC
  • Maintain national recording standards
  • PO to be deleted from Police file record to comply with Privacy Act as it is owned by the court.
78
Q

What must occur where respondent of PO is a police officer?

A

Send copy of PO or variation to DC/NM or the Deputy Chief Executive: People if the respondent is of a Superintendent’s level or above

79
Q

Who authorises the issue of a PSO on 16 & 17 yo

A

Snr Sgt or above after consultation with OT

S/Sgt CPK 2023 - email ATCV36 for access (20 decks)

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