C1- CYP,FH,FV,PSO,PO

Question 1

Title: part to care and protection of children and young person’s

S39 place of safety warrants?

Answer 1

• RGTS
  -child or young person is suffering was like to suffer ill-treatment, neglect, deprivation, abuse or harm
  -enter in search dwelling, building, aircraft, ship, carriage, vehicle, premises or place.
  -remove or detain by force of necessary, young person can place in the custody of cheif executive
  -if young person in hospital direct Dr to keep the child in hospital.

Question 2

S42 search without warrant

3 days

Answer 2

-reasonable grounds to believe
-it’s critical in necessary to protect child from injury and death
-the same as section 39 process
-must produced please ID and disclose what powers to exercise search
-a report must be written within 3 days to the Commissioner of Police

Question 3

S48 unaccompanied children and young person?

5 or 3 days

**YP means over 14yo under 18yo

Answer 3

-find a young person or child unaccompanied
-is in a situation with the young person physical or mental health is likely to be impaired
-with consent from the child deliver young person into custody of its guardian
-or if they don’t want to go there or no parent or guardian wants them
-place them in the custody chief executive

Place child in the custody of the chief executive corner of residence under the act until:
-the child or person agrees to return to their parents
-an application is made to the court to determine weather the child should be held in custody
-if the child has been put in care and protection it expires after 5 days or 3 days… Whichever first occurs

Question 4

Title: part 4 youth Justice

S8 principles

What other 3 primary considerations the court or person be guided by?

Answer 4

2-criminal proceeding should not be used against a child in order to provide assistance and services needed for their well-being order family, hapu
-should be kept in the community
-we should take the 4 most likely to maintain and promote the development of a child within their family, hapu
-take the least restrictive form that is appropriate in the circumstances

views of any victims should be given - For example encouraging the victims to participate in the process dealing with offending or young person

3. Section 3 does not apply to a police employee unless employee is employed as a specialist in resolving offending by children or young person’s

Question 5

S214-arrest of child or young person without warrant

Police you’re not arrested child unless the office is satisfied on reasonable grounds

E E P

Within 3 days

Answer 5

W
Ensure youth shows at court
Ensure evidence is not CAD
Prevent further offending

-RGTS CAT 3-4
-Public Interests

If a rest is made of a young person within 3 days of the arrest you must furnish a written report stating:
-kyoshi is a enforcement officer and Constable to the Commissioner of Police or m4u of the police

Every report furnished in respect of the arrest of young person or child must 8 reason why the child or young person was arrested without warrant.

Question 6

214A arrest of child or young person in breach of bail condition

2

Answer 6

Please can arrest a child or young person without a warrant if:

-child breached a condition of bail
-two more previous breaches

Question 7

Law note exit October 2013 edition of the ten One

214A under this section/provision who must you always obtain authority from before making the arrest?

Answer 7

Youth aid Sergeant in the first instance or in the absence of a supervising Sergeant or above or a qualified youth aid officer

Question 8

S215 child or young person to be informed of their right before question by enforcement officer

What’s the section about?

Answer 8

Youth Bill of Rights must be given two young person on the grounds to suspect committed an offence or
-asking any child any question intended to obtain in a mission of an offence

Question 9

215A - rights to explain to child or young person on request.

Answer 9

***Explain circumstances why they’ve been charged

Question 10

S216 enforcement officer to explain rights to a child or young person who is to be charged with events

Answer 10

If an officer decides to charge a child must explain why

Question 11

S217 - rights to be explained to child or young person who was arrested

Answer 11

***explain their rights when they have been arrested

Question 12

S218 information to be given to the manner and language appropriate to age and level of understanding of child

Answer 12

Explain in a manner and language it is appropriate to the the level of understanding of child or young person

Question 13

S219 explanations not required a child we young person already informed of Rights?

1hr

Answer 13

Don’t have to repeat youth rights not earlier than 1 hour if it’s already been given before that.

Question 14

S221 admissibility of statements made by children and young person’s

Answer 14

No oral or written statement made or given to an officer by a child is admissible unless the officer explained in a manner and in a language that is appropriate to the age and level of understanding.

AND

-young person has consulted with a lawyer and any person nominated by their young person before making the statement has been consulted is it case requires.

AND

Statement has been given in front of a lawyer or nominated person

AND

It’s the duty of the nominated person to take reasonable steps to ensure the child understands the matters explained to him or her

AND

support her before and during questioning.

Question 15

S223 section 221 not to apply we are statement made before requirements of that section can be met.

Answer 15

If section 221 is not applied in any oral statement made by a young person which is** spontaneous*** before officer has original opportunity to comply with the requirements comma it will be inadmissable in court

Question 16

S229 parents and guardians to be informed if young person or child has been detained and arrested. True or false?

Can an adult support person allowed to be consulting privately with the child?

Answer 16

True

**A adult person must not consult a child privately in the absence of an enforcement officer because it’s necessary to ensure the safety of the child and prevent the commission of an offence.

Question 17

S231 person who may be nominated for the purpose of S229?

Answer 17

-any adult person they feel comfortable with and feel safe.
-if the child refuses or fails to nominate any person, police will nominate on young person’s behalf.

-police can refuse if they have reasonable grounds leave that not made a person will provide the course of justice

-cant nominate police

Question 18

S233 EBA for youth

Answer 18

Section 214 - 223 nothing in these sections limit or affect the powers of an officer under s68 to 72 of the LTA 1998

Question 19

S234 custody of child or young person following arrest?

When a child is subject to NZ arrest a constable should what is the child or young person:

-on bail deliver to custody of
-any parent or guardian
-what agreement of child, any social or cultural services
-with agreement of child any person or organisation approved by the chief executive.true or False?

Answer 19

True

Question 20

S235 childing and person who was arrested may be placed in custody of chief executive

24hrs

Answer 20

After arrest of a child must be placed in the custody of a chief executive
-and must be done so as practical and no later than 24 hours of arrest

Only if WEEP has been activated

**“*A constable that’s not excited the power of arrest merely because the council believes that any child or young person is in need of care protection is stated in section 14

Question 21

S236 young person who was arrested may be detained in police custody?

Exceed 24hrs
Within 5 days

Answer 21

-if young person has been arrested and likely to abscond or be violent and no facilities for detention

-with a joint certificate between chief executive and a Senior Sergeant
-please can detain young person Exceeding 24 hours until court

Within 5 days police must give Commissioner of police
-a copy of the certificate
-I wouldn’t report.

Question 22

R v Kahu law notes s39

At Risk,

Answer 22

Social work officer and NZ police
Searched due to at risk child living at the home. Police had a Warrant as well.

During search police located locate substantial amounts of cannabis.

Child was uplifted and taken into custody.

The excellent appealed to conviction saying that it was a breach of section 21 BOR.

Question 23

Pettus v R

Answer 23

Police had no rights to use section 42 to remove the children from home just because the grounds disrespect parents were meth users.

Question 24

Police V D
S48

**S234(a) if a child has been arrested under s214 then can released without charge under this section

Answer 24

-after found intoxicated in a private property
-Instead of taking a youth home as he had every right under s48
-he was taken to the police station
-issue
- it was ok to take h to station as he had no details
-unlawful custody of youth
-unlawful use of section 48

Question 25

Police v T-M
S214 & S48

CYP found in Whangarei near a burg.

$1000

Answer 25

S48 abused it’s not for taking CYP into custody
S214 must be satisfied
S208 must be taken into consideration - least restrictive form

Must:
Consult with Youth Justice with view to convene FGC

Police had to pay $1000 unlawful arrest

Question 26

Police v T
S214

CYP theft at store
Over 24hrs

Answer 26

Held
-used unlawfully held in custody over 24 hours serious breach
-the mere fact that he had other charges does not mean you can be arrested whenever he reoffended
-fail to bring the defendant to court is breach BOR
-
-

Question 27

Elia v R
S215,S223

Ag Rob at 14yo - 2 youth

Answer 27

• 1st admission was made with no S215
• 2nd, 3rd, 4th were made were

However it’s strange that the later and missions were admissible however the first admission was elicited without section 215 explanation?

Question 28

SR v K
S222 and choice of nominated person

Youth suspect of homicide

Answer 28

All the evidence was indmissible due to a failing to ask the youth to choose which family member of adult who he thought would be a good candidate

Police should only Beatles their choice of adult unless the person would attempt to prevent the course of justice, cannot be easily found, and not available within the time period

-the police only nominate an when the youtyly refuses to nominate an adult or when no one else they wish to nominate

Question 29

R v police
S223 spontaneous admissions

Youth made admissions he was involved in the card conversions and burglaries.

Answer 29

Staff wishing to resolve cases by seeking admissions in indicating an intention not to charge should ensure they are very specific about the boundaries of the offer

Question 30

Title: family harm

What are the 6 principles that guide police practice?

Answer 30

-Early intervention
-culturally appropriate
-safety
-collecting risk information
-accountability
-working collaboratively

Question 31

Characteristics of family harm

It’s important to remember family homes can impact anyone, including the occuring in families who are affluent. All family harm investigations require an open mind. True or false

Answer 31

True

Question 32

What are “other types” of family harm?

4 answers

And what is the % of FH violence victims/survivors that report a pet had been injured or killed?

Answer 32

-teen dating/teen harm
-elder abuse
-honour based harm/violence
-LGBT harm

Pets injured or killed 36.5%

Question 33

What are 9 corroborating pieces of evidence?

Answer 33

-medical Doctors
-photographs of injury
-send examination evidence including photographs at
-clothing
-witness statements
-111 call obtaining copy from coms
-previous Family violence reports
-emails text messages phone records Internet browsing history
-into other computing or damage estatements by suspect

Question 34

Title: Charging offenders

What are the 4 points to consider when choosing the right charge in regards to a family violence incident?

Answer 34

-don’t minimise the violence
-ensure the offender is charged in a way that reflects the nature of offending
-ensure there is evidence which can be adduced in court that are sufficient to provide reasonable prospect of conviction
-consider any continuous the offender poses to the

Question 35

Guides for determining charge

What’s the name of the guide witches available in custody or relevant work areas?

Answer 35

“How and when you charge it makes a difference guide”

Contact Supervisor and all FH agencies

Question 36

Breaches of protection order!

When there is a protection order or related property order Beach and sufficient evidence, you must:

2 answers

24hrs

Answer 36

-charged offender with the breach

• don’t release defender on bail for 24-hours unless there’s a court hearing earlier

Question 37

What is the primary consideration for the victim in relation to police bail?

Answer 37

A defendant charged with family violence, the pre-primary consideration is the need to protect the victim and the family members are all protected

Question 38

Title: Bail

Can you bail an offender after his breached a protection order?

24hrs

Answer 38

No, they must not be granted police Bail during the 24 hours immediately following the arrest unless there is a court hearing earlier.

Question 39

Who authorises the release of a family violence defended on police bail?

Answer 39

A supervisor or above position level of Sergeant

Question 40

Opposing Court bail

S8(5) -what is the main factor for the section in relation to the victim and “bail”

Answer 40

Protecting the victim is the Paramount consideration when deciding whether to Grant bail for breaching a protection order

Question 41

S8 (1)(2) what’s the deciding factor in relation to opposing bail in family violence cases?

Answer 41

The need to ensure the victim and their families’ safety and any safety plans in place

Question 42

Bail conditions

What are the 3 conditions to ensure the safety of a victim when they have been bailed?

Answer 42

-non association with named persons
-require defendant to reside at a name to dress

Exceptional circumstances: bail to the victims address

Question 43

Electronic monitoring bail NZ police safety orders

A person on electronic monitoring bail who has been served a police safety order is unable to remain at the address therefore unable to comply with standard condition 5 of the bail Bond. True or false

Answer 43

True

Question 44

Title: longer term safety, support and intervention

What are the 3 rights of victims stated in the police manual chapter?

Answer 44

-treatment and rights of generally
-notification rights for victims of serious offences including the right to be registered in the victim notification system
-obtaining and submitting victim impact statements

Question 45

Title: Police safety orders

Immediate effects
-surrender weapons NZ firearm licence
-vacate any premises
-provider cooling down period weather person at risk is time to speak and support assistance including applying for temporary protection order and for pound person to seek support and assistance. True or false

Answer 45

True

Question 46

Longer effects: bound person must not….
-engage in behaviour form of family violence against at risk
-make any contact with person at risk
-encourage any other person to engage. True or false

Answer 46

True

Question 47

Bound person is not in breach if the contact is…
-reasonable necessary in an emergency
-permitted under special conditions
-necessary in order to attend family group conference
-necessity to attend Court

True or false

Answer 47

True

Question 48

Parenting orders

Be mindful of a parenting order relating to children of the household. The bound person may have a parenting order against the person at risk who knew intend to protect a family violence episode may have been made against them by the family court. True or false

Answer 48

True

Question 49

Deciding the duration of the
Order

In a starting point you should begin with considering a…..hr. Duration in Factor and other relevant considerations

This proved cannot exceed…..days?

Answer 49

24

10days

Question 50

5 days

Please safety orders issued for longer than 5 days are used only for situations which likely serious harm had occurred and we’re up attention or related property orders or victim relocation is being sought. True or false

Answer 50

True

Question 51

Detain a PSO person for up to….hours

Answer 51

2

Question 52

If you refuse to remain at the place where you are detained, it means you committed a events not exceeding….. dollars.

And Angie maybe …..without warrant

Answer 52

$500

Arrested

Question 53

Arranging support for the person at risk when the order is issued:

-ensure the victim gets relevant and appropriate specialist support
-if required comma advocacy for the person at risk as soon as possible (interpreters, sign language experts)
-support and temporary place to reside is available to the bound person? True or false

Answer 53

True

Question 54

Procedures when orders are served

What must you demand to be surrendered from the bound person in step 5?

**Also consider invoking section 18 of the search and surveillance ACT

Answer 54

Surrender all firearms a s firearm licence under section 37 and alos consider invoking licence.

Question 55

Title: breaches of police safety orders and related powers

Contact should be made or person at risk preferably within 24-48 hours to check…

2 answers

Answer 55

-any breaches
-ensure the person at rest understands what constitutes a breach

AND

You should revisit about person when they are at high risk which provides time to engage and ensures about bound person understands to PSO

Question 56

Actions for breach of police safety order

If the bound person breaches bring them before the court within……hrs

If you can’t bring them before the court within…..hrs you must release the person and summons them to appear.

Answer 56

24hrs

Question 57

If the down person has absconded after the breach

You have ….month from the time of the breach to locate the brown person and bring to custody. You then have … hours to bring them before the court

Answer 57

1month

24hrs

Question 58

Locating the bound person

If the bound person has absconded and not at this specific address and a “warrant to arrest” is sort you have …. month to look for him or her after the expiry of PSO

Answer 58

1 month

Question 59

The warrant to arrest alert expires automatically after…….days but the warrant remains active in court. The warrant must be withdrawn.

This can be done with some coordination at every level within …days to 1 month after the issue of the warrant

Answer 59

10 days

10 days to 1 month

Question 60

Filing complaints for breaches

A charging document is not filed for the breach of an order, as a breach is not an offence.

Breaches of police safety orders should be filed using the complaints form (…….)

Answer 60

Pol2142 in NIA

Question 61

Powers of the court

If the courts satisfied that the person has refused or fail to comply with the police safety order they may….

4 answers

Answer 61

-continue with existing order for the duration
-if border has not expired, direct the another order be issued for the period not exceeding 10 days.
-if order has expired direct it another order is issued against abound person
-adjourned the proceedings so that the district court judge can consider whether a temporary protection order should be issued

Question 62

If a new order is instructed to be issued by the court

The police prosecutor will arrange to have the court directed please have to order issued by a roll holder in the following order:

Answer 62

-an officer of the court
-a Constable of a district within the vicinity of the court likely the nearest station we call to send a constable
-the prosecutor

Question 63

The officer issues the court directed under must follow the procedure when orders are served. Section 52 provides for a …..hour holding period and custody for the new order to be completed and served

Answer 63

2 hour

Question 64

Is the prosecutor officer of the court or Constable cannot advise the person at risk,ensure that you can contact the person by:

3 answers

Answer 64

-making three attempts of telephone calls within 1 hour
-send the local unit incomplete a4q follow-up event
-update NIA -record to reflect the action

Question 65

Title: Issuing police safety orders to children aged 16 and 17 years

Main purpose for giving a police safety order to a young person?

Answer 65

Where there a reasonable grounds to believe it is necessary to help make the child family member or a person to have a close relationship with safe from family violence.

Question 66

What are the 5 special circumstances when serving a police safety order against a child ate 16 and 17?

Answer 66

-reasonable possibly that the issue of an orders necessary to make a person that receipt from series family violence
-the total level of concern is high
-approval former Senior “Sergeant or above has been obtained”
-the authorising Senior Sergeant has consulted of Oranga tamariki
-

Question 67

Matters guiding issue and duration

-person at risk has:
-inflicted or is inflicting family violence against a person in a family relationship
-the welfare any children residing with the person
-the hardship that may be caused if the order is issued
-any other matter that may be considered relevant. True or false

Answer 67

True

Question 68

Limits on PSO against the child

Issuing a police safety order against the child should be viewed as a last-resort. It should be used as a means to cool down after situation of a reported family violence. True or false

Answer 68

True

Question 69

We need to treat children differently when considering a PSO

This includes development potential, health needs, whakapapa comma language and communication needs comma cultural identity and values, gender and sexual orientation and disability if any.

True or false

Answer 69

True

Question 70

Detention for issuing and serving a PSO on a child

You may detain teenage child for period not exceeding …hours to issue a PSO so you can….3 answers

Answer 70

-2 hours

-obtain authorisation to issue the
-issue the order
-serve the order

Question 71

Young person detained for police safety order fails or refuses to remain

Child has to pay….$…

Answer 71

What’s the sale of a fuse to remain child is subject to a penalty not exceeding $500.

Question 72

Police safety order contraventions for young person

All though taking into custody is not described as an arrest it is good practise to consider the protection of section 214(1)

-prevent further offending
-and issuing a summons will not achieve the purpose.

True or false

Answer 72

True

Question 73

Title: protection orders

Protection orders and related property orders Are a court ordered mechanism providing safety for family and victims of family violence.

Protection orders must be served if.. 4 answers

Answer 73

-respondent holds a firearm licence
- in position or have access to a firearm
-service is assessed as being a significant risk to the server
-protection order granted without notice

Question 74

Police will ensure that:

-robust information sharing for production orders will be developed
-time of service police will demand all firearms and firearm licences
-stuff safety is paramount importance when determining appropriate method to cease firearms and firearm licences
-officer will contact the victim in informed them this service is occurred
-all breaches will be taken seriously and if it’s sufficient evidence they will be arrested

True and false?

Answer 74

True

Question 75

About protection orders

Purpose of protection orders?

Answer 75

-a protection order automatically protects any child of applicant’s family
-an 18-year-old or older remains protected until they leave home or is the order is discharged
-adult children not living with the applicant must be identified on the order inspired person or apply to the court Ford order

Question 76

Children and young person’s

Can an applicant take out a protection order against a young child?

Answer 76

No! the applicant cannot take a protection order against a child unless satisfied the child is 16 years old or over and the order is by special circumstances

Question 77

Who issues protection orders?

Answer 77

Family court and can only be discharged by the court

Protection orders issued by foreign courts may also be registered in New Zealand.

Question 78

District Court ability to issue protection orders.

District Court can also issue protection orders to add the same effect as those created by the “family court”. True or false?

Answer 78

True

Question 79

When serving a temporary protection order by the district court, how long can you detain a person for the purpose of issues and serving order?

Answer 79

2 hrs

Question 80

Can a District Court also issue a final protection order when sentencing an offender if it is satisfied that the order is necessary for the victim protection order and victim does not object?

Answer 80

Yes

Question 81

Standard conditions

All protection orders including ones granted before………. Have additional standards and conditions and changes to the meaning of term Hughes dindi order despite the family violence act 2018 including:

-consent to contact
-stopping contact
-variation to orders relating to property
-new definitions of family violence and abuse and psychological abuse

Answer 81

1 July 2019

Question 82

Respondents will need to follow the additional and varied conditions

“Retrospective protection order conditions require staff to be cognisant of the application and enforcement of additional conditions and of the expansion of terms used within the orders”

True or false

Answer 82

True

Question 83

Non violence conditions

3 answers

Answer 83

-engage in behaviour that amounts to family violence against the protected person
-make any contact with a protected person that is not
-encode any person to engage in behaviour is not authorised

Question 84

Definition of family violence has been widened to:

Answer 84

-ill treatment of a house pet or animal
-harassing behaviour as loitering near where someone lives
-disrupting the care of someone who needs it because of their age disability or health condition
-pattern of behaviour even if they seem to be minor or trivial
-coercion or controlling behaviour
-dowry related abuse

Question 85

Non contact conditions

*Contact is not a breach of standard non contact conditions if the contact is:

Answer 85

• necessary in an emergency
  -permitted under in order of written agreement or custody of a child or young person
  -permitted under special conditions
  -attending family group conference
  -necessary to attend Court

Question 86

Consent to contact

The protected person who wants to have contact with the responded must give consent in writing or written consent by email letter text or other digital message. True or false

Answer 86

True

Question 87

Stopping contact

The protected person can change their mind at any time and stop contact with the respondent and it doesn’t need to be in writing they can just tell them. True or false

Answer 87

True

Question 88

Special conditions regarding to contact

Can another person consent or withdraw consent on their behalf?

Answer 88

Consent and withdrawal of a consent may be given on behalf of a protected person for example order may specify who can consent to contact on behalf of a child protected by the order.

Question 89

Assessment and non violence programs

You are liable on conviction to…… Or a fine not exceeding $….. If you do not comply with the direction of attending a program

Answer 89

-6 months prison
-$5000

Question 90

Conditions relating to weapons

• respondent must not possess or have any weapon under their control
  -hold a firearms licence

True or false

Answer 90

True

Question 91

Respondent must surrender to police any weapon in the position or under their control in any Firearm licence

• asap after PO served within ……hrs
• and on demand at anytime by constable

Answer 91

24hrs

Question 92

Temporary PO: firearm arm licence Suspended

Final PO: F A L revoked

True or false

Answer 92

True

Question 93

Non-molestation in non violence orders

What do you do if you become aware that I responded of a non-molestation or non violence order has a firearms licence?

Inspector or above **

Answer 93

You must notify an inspector or above to consider revocation of the firearms licence

Question 94

Serving protection orders and seizing firearms

What are the four principles equal in regards to serving protection orders?

S I A W

Answer 94

-safety
-information gathering
-accountability
-working collaboratively

Question 95

Procedures for serving protection orders

Police will ONLY serve PO that are….

All other protection orders should be served by Court staff**

Answer 95

-granted without notice
OR
-weather overall circumstances indicates a significant risk of harm

Question 96

Police must serve protection orders if…

Answer 96

• Respondent holds a firearms licence or believed to be in position
  -significant risk to the server
  -protection order has been granted without notice

Question 97

If there is proof that the respondent may be in position or have access to firearms

Consider invoking section 18 of the search and surveillance 2012

Report must be sent to the Commissioner within……..days if power exercised

Answer 97

3 days

Question 98

The police officer who serves a protection order must:

-give notice to OC station nearest
-insure victim contacted
-document in victim contact node
-Ford notice to the family court either the hard copy or electronic
-maintain national recording standards
-ensure the protection order is deleted from the police file record went served - any Court document not owned by police that was provided to police for service might not be returned in order to comply with the privacy Act 1993

True or false

Answer 98

True

Question 99

Title: Family violence act 2018

Part 1 preliminary provisions

S8 - interpretation and meanings of each term?

Child of the applicant’s family, dweling house, family relationship, family member, partner, property, protected person, protection order order

Answer 99

Partner:
-partners the civil union partner
-de facto partner
-common biological parent

Property
-the person enjoys
-is available for the person’s use or enjoyment
-in care or custody
-at person’s home

Question 100

S9

Violence means one of the following?

Answer 100

-physical abuse
-sexual abuse
-psychological abuse
-dowly related
-coecive or controlling
-cumulative harm

Question 101

S12 - M F R
S13- F R S H (NOT)
S14 - C P R

Answer 101

S12- Meaning of Family relationship general

S13 - “not regarded”sharing a household eg. Land lord and tenant, boss/employee, and your workmate to workmate

S14 - determining whether a person has a close relationship depends on:
-the nature and intensity of relationship
-the amount of time spent together
-time spent together
-you don’t have to be in a sexual relationship with another person in order to have a closer relationship.

Question 102

Part 3 - police safety orders

S26 - G
S27 - interpretation
S28 - Who can serve PSO?
S31 child?
S32 - Detention time?
S34 - what happens if u don’t within….hrs promptly?
S35 - duration?
S36 - what must person do after being served?
S37 - weapons and licences?
S43 - refuses and fails to comply?
S44 - person can’t be brought to court within 24hrs

Answer 102

Part 3 - police safety orders

S26
- Guide PSO
S27
- interpretation
S28
-qualified constable can authorise a Constable to issue the order
S31
-must not issue a order against a child unless 16 years old and justified by special circumstances
S32
-issuing a police safety order
- detain person not exceeding 2 hours
- if fails: K9, charged, $500
- detain: move to police station
S34
- PSO lapses within 48hrs
S35
- duration not exceed 10 days
S36
- vacate any place asap
S37
-surrender weapons or any firearms licence
S43
-brought before the court within 24 hours
S44
-must be released and summons
-WTA if not attence

Question 103

Part 4 protection orders

S60 - application for PO who reps a child in different circumstances?
S79 - courts make the call.
S86 - chid representatives and other circumstances
S90 - standard conditions
S98 - not hold FAL
S99 - temp vs Final
S100 - protect respondent
S112 - Breach
S113 - K9

Answer 103

Part 4 protection orders

S60
- a child can apply for a representative to apply on his behalf
- 16yo doesnt have to apply
- if there’s any issues was a child or young person they can apply for a rep.
S79
- the courts can make a protection order if it’s satisfied response has inflicted always inflicting family violence against the
S86
-protection order applies for the child of applicant
-18yr is still protected until they leave home
S90
- standard conditions for a protection order; responded must not engage in bad behaviour or make contact there’s not authorised or encourage another person to behave bad against applicant
S98
- respondent must not possess or have any control any weapon
-surrender all weapons
-and foreign licence
-surrender no later than 24 hours
S99
- all weapons deemed to be suspended once the protection order becomes final the firearms licence will be revoked
S100
-the section protects the responded so he’s not arrested if he has a weapon in his control immediately after making the protection order against him or her
S112
- the section is about breaching the protection order and it’s examples or contravening
- you are liable to imprisonment for term not exceeding 3 years
S113 -
Power to arrest for breach of protection order and

Question 104

Part 6 - Procedure

S176 - police to consider exercise of powers under the arms ACT 1983

Answer 104

The OC station should investigate and establish whether the respondent holds a firearms licence and arrange an appropriate person to consider immediate surrender and use S18 S&S and ARM Act 1983

Question 105

Title: law notes

Police vs Elliot learnings?

Answer 105

-the consent can be withdrawn at any time
-give the respondent reasonable time together the things
-if he or she refuses then it becomes a breach

Question 106

Senior v Police

Answer 106

When a person makes an abusive statement on Facebook this is still a breach
-this confirms abuse doesn’t have to be addressed directly towards to protect the person and doesn’t need direct evidence