Chap 1: CYPF and Family harm

Question 1

When can section 48 be invoked?

Answer 1

• Found unaccompanied
• The child’s or young person’s physical or mental health is being, or is likely to be, impaired.
• If the child or young person does not wish to be returned to a parent or guardian or other person having the care of the child or young person
• No parent or guardian or other such person is willing or able to have custody of the child or young person, –

Then you may
* Place the child or young person in the custody of the chief executive

Question 2

Section 208 principles

Answer 2

The child’s or young person’s age is a mitigating factor..

in determining Whether or not to impose sanctions in respect of offending by a child or YP; and

The nature of any such sanctions

Question 3

what must the constable believe under Section 214(2) when Arresting a child or young person without warrant

Answer 3

The constable believes, on reasonable grounds, that the arrest of the child or young person is required in the public interest.

Or cat 3-4 offence

Question 4

Section 214A Arrest of child or young person in breach of bail condition.

A Constable may arrest a child or young person without a warrant if.

Answer 4

a) The child or young person has been released on bail and
b) The constable believes, on reasonable grounds, that
i. the child or young person has breached a condition of that bail and
ii. the child or young person has on 2 or more previous occasions breached a condition of that bail (whether or not the same condition).

Question 5

Section 234 Custody of child or young person following arrest

Where a child or young person is arrested with or without warrant, a Constable shall

Answer 5

• Release the child or young person
• Release the child or young person on bail
• Deliver the child or young person into the custody of
  i. Any parent or guardian or other person having the care of the child or young person

ii. With the agreement of the child or young person, any Iwi Social Service or Cultural Social Service

iii. With the agreement of the child or young person, any other person or organisation approved by the chief executive or a constable for the purpose

Question 6

Section 236 Young person who is arrested may be detained in Police custody if:

Answer 6

a) That a young person who has been arrested is likely to abscond or be violent

b) That suitable facilities for the detention in safe custody of that young person are not available to the chief executive.

May be detained for no more than 24 hours by police if joint cert issued

i. A copy of the certificate within 5 days to the Commissioner of Police and chief exec

Question 7

Police Response to Family Harm:

What are the Considerations

Answer 7

• Early intervention – Recognising that Early intervention helps to stop and prevent family harm. This requires an eyes wide open approach at all family harm investigations.
• Culturally appropriate
• Safety – Ensuring all parties are made safe and kept safe, particularly victims, whose safety is paramount. This may include facilitating access to support services to help secure safety.
• Collecting risk information
• Accountability – Holding offenders to account for their actions, by activating a prompt and comprehensive response. Charges will reflect the nature of the offending and be made in accordance with the Solicitor-General’s Prosecutions Guidelines.
• Working collaboratively

Question 8

Police Bail for family violence offences

Answer 8

The arrested person must be brought before a court as soon as possible.

• At the expiry of the 24-hour period and pending a court
  appearance, follow standard procedures for determining whether the person should be granted Police bail.
• This also applies when the person is charged with another offence in addition to the breach offence.

Question 9

Police Employees and Family Harm

When do these policies and procedures apply?

Answer 9

Employees involved in family harm are encouraged to seek support.

Employees who suspect or are aware of another employee being either a person posing risk or person at risk of family harm are encouraged to report this confidentially by reporting it to their own Supervisor or a Welfare Officer so that a discrete and confidential approach can be made to that person and support provided.

Question 10

Employees who are respondents of a protection order must..

Answer 10

Employees who become a respondent of a protection order must immediately report the fact in writing, including details of the proceedings to their Supervisor, who must inform the Human Resources Manager and Police Professional Conduct Manager for their district or service centre. Code of conduct processes will apply

Question 11

When can a safety order be issued?

Answer 11

If a person is arrested for a family violence related offence, but it is later determined that there is insufficient evidence to charge for that offence, a PSO can subsequently be issued.

Question 12

Police powers pending authorisation and issue of a PSO

Answer 12

detain for 2 hours
Remove them and take to a station

A person who refuses to remain at the place where they are detained:

• Commits an offence and is liable on summary conviction to a fine not exceeding $500
• May be arrested without warrant

Question 13

Serving protection orders and seizing firearms
Service Principles

Orders must be served having regard to these core principles that are part of the principles that guide effective Police responses to family harm:

Answer 13

• Safety
• Information gathering
• Accountability
• Working collaboratively

Question 14

When the respondent of a PO is a Police employee

Answer 14

In any case where the respondent is a Police employee, the serving officer must send a copy of any protection order or variation of an order to the employee’s District Commander or National Manager (or the Deputy Chief Executive: People at Police National Headquarters if the employee is of a Superintendent’s level or above) for appropriate action to be taken.