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CPK.30/8/22 > C1- CYP,FH,FV,PSO,PO > Flashcards

C1- CYP,FH,FV,PSO,PO Flashcards

(106 cards)

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1
Q

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

S39 place of safety warrants?

A
  • 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.
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2
Q

S42 search without warrant

3 days

A

-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

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3
Q

S48 unaccompanied children and young person?

5 or 3 days

**YP means over 14yo under 18yo

A

-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

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4
Q

Title: part 4 youth Justice

S8 principles

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

A

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

  1. 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
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5
Q

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

A

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.

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6
Q

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

2

A

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

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

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7
Q

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?

A

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

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8
Q

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

What’s the section about?

A

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

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9
Q

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

A

***Explain circumstances why they’ve been charged

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10
Q

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

A

If an officer decides to charge a child must explain why

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11
Q

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

A

***explain their rights when they have been arrested

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12
Q

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

A

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

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13
Q

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

1hr

A

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

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14
Q

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

A

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.

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15
Q

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

A

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

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16
Q

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?

A

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.

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17
Q

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

A

-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

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18
Q

S233 EBA for youth

A

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

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19
Q

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?

A

True

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20
Q

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

24hrs

A

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

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21
Q

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

Exceed 24hrs
Within 5 days

A

-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.

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22
Q

R v Kahu law notes s39

At Risk,

A

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.

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23
Q

Pettus v R

A

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

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24
Q

Police V D
S48

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

A

-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

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25
Police v T-M S214 & S48 CYP found in Whangarei near a burg. $1000
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
26
Police v T S214 CYP theft at store Over 24hrs
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 - -
27
Elia v R S215,S223 Ag Rob at 14yo - 2 youth
- 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?
28
SR v K S222 and choice of nominated person Youth suspect of homicide
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
29
R v police S223 spontaneous admissions Youth made admissions he was involved in the card conversions and burglaries.
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
30
Title: family harm What are the 6 principles that guide police practice?
-Early intervention -culturally appropriate -safety -collecting risk information -accountability -working collaboratively
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
True
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?
-teen dating/teen harm -elder abuse -honour based harm/violence -LGBT harm Pets injured or killed 36.5%
33
What are 9 corroborating pieces of evidence?
-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
34
Title: Charging offenders What are the 4 points to consider when choosing the right charge in regards to a family violence incident?
-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
35
Guides for determining charge What's the name of the guide witches available in custody or relevant work areas?
"How and when you charge it makes a difference guide" Contact Supervisor and all FH agencies
36
Breaches of protection order! When there is a protection order or related property order Beach and sufficient evidence, you must: 2 answers 24hrs
-charged offender with the breach - don't release defender on bail for 24-hours unless there's a court hearing earlier
37
What is the primary consideration for the victim in relation to police bail?
A defendant charged with family violence, the pre-primary consideration is the need to protect the victim and the family members are all protected
38
Title: Bail Can you bail an offender after his breached a protection order? 24hrs
No, they must not be granted police Bail during the 24 hours immediately following the arrest unless there is a court hearing earlier.
39
Who authorises the release of a family violence defended on police bail?
A supervisor or above position level of Sergeant
40
Opposing Court bail S8(5) -what is the main factor for the section in relation to the victim and "bail"
Protecting the victim is the Paramount consideration when deciding whether to Grant bail for breaching a protection order
41
S8 (1)(2) what's the deciding factor in relation to opposing bail in family violence cases?
The need to ensure the victim and their families' safety and any safety plans in place
42
Bail conditions What are the 3 conditions to ensure the safety of a victim when they have been bailed?
-non association with named persons -require defendant to reside at a name to dress Exceptional circumstances: bail to the victims address
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
True
44
Title: longer term safety, support and intervention What are the 3 rights of victims stated in the police manual chapter?
-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
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
True
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
True
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
True
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
True
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?
24 10days
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
True
51
Detain a PSO person for up to....hours
2
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
$500 Arrested
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
True
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
Surrender all firearms a s firearm licence under section 37 and alos consider invoking licence.
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
-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
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.
24hrs
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
1month 24hrs
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
1 month
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
10 days 10 days to 1 month
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 (.......)
Pol2142 in NIA
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
-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
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:
-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
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
2 hour
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
-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
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?
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.
66
What are the 5 special circumstances when serving a police safety order against a child ate 16 and 17?
-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 -
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
True
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
True
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
True
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
-2 hours -obtain authorisation to issue the -issue the order -serve the order
71
Young person detained for police safety order fails or refuses to remain Child has to pay....$...
What's the sale of a fuse to remain child is subject to a penalty not exceeding $500.
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
True
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
-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
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?
True
75
About protection orders Purpose of protection orders?
-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
76
Children and young person's Can an applicant take out a protection order against a young child?
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
77
Who issues protection orders?
Family court and can only be discharged by the court Protection orders issued by foreign courts may also be registered in New Zealand.
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?
True
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?
2 hrs
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?
Yes
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
1 July 2019
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
True
83
Non violence conditions 3 answers
-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
84
Definition of family violence has been widened to:
-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
85
Non contact conditions *Contact is not a breach of standard non contact conditions if the contact is:
- 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
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
True
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
True
88
Special conditions regarding to contact Can another person consent or withdraw consent on their behalf?
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.
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
-6 months prison -$5000
90
Conditions relating to weapons - respondent must not possess or have any weapon under their control -hold a firearms licence True or false
True
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
24hrs
92
Temporary PO: firearm arm licence Suspended Final PO: F A L revoked True or false
True
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 **
You must notify an inspector or above to consider revocation of the firearms licence
94
Serving protection orders and seizing firearms What are the four principles equal in regards to serving protection orders? S I A W
-safety -information gathering -accountability -working collaboratively
95
Procedures for serving protection orders Police will ONLY serve PO that are.... ***All other protection orders should be served by Court staff*****
-granted without notice OR -weather overall circumstances indicates a significant risk of harm
96
Police must serve protection orders if...
- Respondent holds a firearms licence or believed to be in position -significant risk to the server -protection order has been granted without notice
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
3 days
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
True
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
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
100
S9 Violence means one of the following?
-physical abuse -sexual abuse -psychological abuse -dowly related -coecive or controlling -cumulative harm
101
S12 - M F R S13- F R S H (NOT) S14 - C P R
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.
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
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
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
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
104
Part 6 - Procedure S176 - police to consider exercise of powers under the arms ACT 1983
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
105
Title: law notes Police vs Elliot learnings?
-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
106
Senior v Police
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

CPK.30/8/22 (11 decks)

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