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SSGT CPK 2017-727 > Chapter 1: FV > Flashcards

Chapter 1: FV Flashcards

1
Q

Effective police response to FV

What are the 4 core principals?

A
  1. SAFETY
    All parties safe. Officers are safe.
  2. RISK INFORMATION
    Collect risk info, forms used, CRF, IPV, Risk qns
  3. ACCOUNTABILITY
    Holding offenders to account, thorough investigations, relevant charges.
    Supportive interventions, behaviour change programs.
  4. COLLABORATION
    Co-ordinate responses across internal groups.
    Interagency response. ISR, SAM, FVAIRS
    Support for victims and offenders to address risks.
    Plan for safety.
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2
Q

Police BAIL for family violence offenders - what is the primary consideration

A

SAFETY of the victim.

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3
Q

Under what circumstance is FV police bail restricted.

What has to happen ASAP.

A

Charged under Sn49 DV Act must not be granted bail for 24 hours.

Must be brought before court ASAP.

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4
Q

What do you need before releasing FV defendant on Police Bail - Authority from who?

A

Authority of a Sergeant or above.

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5
Q

Sn 8(5) Bail Act re. Sn49 Breach DV Act

A

Safety of victim is paramount before granting bail.

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6
Q

Bail condition considerations for FV defendants x3

A
  • Must be specific and relevant to identified risks.
  • Only in exceptional circ’s can they be bailed to victim’s address.
  • Treat all breaches of bail as serious.
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7
Q

What is policy for Police Officers involved in FV - what are they subject to?

A

Subject to processes of Code of Conduct

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8
Q

What actions should occur for cops involved in FV - x3

A
  • Offending = normal police response
  • Welfare considerations for both parties
  • Shift Supervisor refer to Welfare
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9
Q

What to consider for cops involved in FV - re. remaining in police?

A
  • Compatibility of employee involved in FV, convicted or found guilty of FV offence or respondent of P.O. to continue in police.
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10
Q

When do policies and procedures apply for cop (victim or aggressor) involved in FV - what 4 circumstances?

A

Apply when:

  • Comes to supervisors attention employee experiencing or involved in FV
  • FV incident, no offending, PSO/warning issued due to continuation or escalation of FV
  • Police attend FV and offending disclosed and employee is offender/victim
  • TPO or Final PO issued - respondent or protected person.
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11
Q

Employees involved in FV seek support - how? x3

A
  • Discuss concerns with supervisor
  • Welfare
  • EAP
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12
Q

Employees who become aware of colleagues involved in FV should report confidentially by…x3?

Who should respond to this report re. employee?

A

Report confidentially by:

  • Crime Stoppers
  • Report to Supervisor
  • Welfare.

Responded by Family Violence Co-ordinators - Shaz

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13
Q

Steps to take when employee charged or convicted of FV offending? x5

A
  1. Treated as any member of public
  2. Report immediately by Shift Supervisor to:
    - District Employment Practice Manager (EPM) and
    - Professional Standards Manager (PSM)
  3. They will advise Dist Commander (sworn) or National Manager (Police Employee)
  4. Welfare contact offered to Victims and Offender. EAP.
  5. EPM and National Manager: Police Professional Conduct (PPC) decide on employee’s suitability to remain in role, variation of duties?
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14
Q 
STEPS to take when employee respondent of TPO? 
What must employee do?
What must supervisor do?
What process will apply?
What happens if they fail to report?
A
  1. Respondent must immediately report fact in writing to supervisor.
  2. Supervisor inform HR Manager and Police Professional Conduct Manager (PPCManager)
  3. Code of Conduct process will apply
  4. Failure to report is aggravating factor in code process.
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15
Q

What should you encourage an employee to do if they are a protected person of TPO?

A

If applicant or PP, encouraged to report confidentially to Welfare or Supervisor. (EAP).

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16
Q

EMPLOYEES and TPO’S and firearms x3

A

Standard prohibition of possession and use of firearms.
Cannot carry appointments.
Cannot train with weapons or handle as exhibits.

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17
Q

What can you do re. varying protection order conditions if employee is respondent ?

Can police support an application for these variations?

Police should enquire into what? re. the TPO and employee? x6

A

Apply to Family Court to vary standard conditions.

Police MAY consider supporting an application.

Enquiries:

  • Nature,
  • Duration
  • Type of FV disclosed
  • Offence history
  • Role of employee
  • Views of protected persons
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18
Q

The Final decision to support TPO condition variation application on the part of a police employee is made by who?

A

General Manager: HR in consultation with National Manager: Criminal Investigations Group

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19
Q

What should a supervisor do re. staff wanting to attend programs/counselling re. FV.

A

Take all practicable steps to facilitate this.

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20
Q
  1. Under whose authorisation is a PSO issued. (a ..)
  2. What is the other instance where one can be issued without 1’s authorisation?
  3. Does a PSO require victim’s consent?
  4. What is the definition of a . above. ?
A
  1. IMMEDIATE orders issued by Qualified Constable (QC = sergeant) or constable authorised by QC under 124B DVAct
  2. Constable can issue on judicial direction (of court)
  3. Don’t require victims consent.
  4. QC is Substantive Sgt or Authorised under Sn63 Policing Act.
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21
Q

What are the effects of a PSO - what do they require a person to do immediately? x2

How long is the cooling-down period provided?

A

Require person to:

  1. Surrender any weapon / firearms licence
  2. Vacate any land or building occupied by person at risk (PAR) - regardless of any legal or equitable interest in it.
  3. Provides a cooling down period up to 5 days.
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22
Q

What are the longer effects of a PSO - what can a bound person NOT DO? x9

A
  1. Physically or sexually abuse PAR
  2. Threaten to P or S abuse PAR
  3. Damage / threaten to - property of PAR
  4. Engage / threaten to - in behaviour incl. harassment, intimidation amounting to psych abuse of PAR
  5. Encourage others to engage in 1 - 4. where, if engaged by bound person, would be prohibited.
  6. Watch, loiter near, prevent access to place where PAR goes.
  7. Follow or stop PAR
  8. Enter or remain at place where PAR is, constituting trespass.
  9. Make any contact other than in emergency.
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23
Q

What about contact during a PSO? (what is this restricted to?)

A

Restricted only to that reasonably necessary in an emergency

24
Q

What effect does a PSO have on parenting orders

A

PSO issued against people with parenting orders or agreements, they are SUSPENDED.

Parenting order has NO EFFECT during PSO.

25
Q

When can a PSO be issued - x4?

ie. who can issue, what relationship has to exist, and under what 2 circs

A

PSO against bound person, if:

  • Qualified Constable or const authorised by QC can issue:
  • is/has been in domestic relationship with Person at Risk
  • Doesn’t arrest person, but
  • RGB order necessary to ensure immediate safety.

If arrested, and un-arrested, can’t then issue PSO.

26
Q

TO whom can PSO be issued, if not in normal “domestic relationship”?

A
  • Usually share a household or

- Close personal relationship

27
Q

When can PSO not be issued? x3

A
  1. arrested for FV offence (bail conditions set instead)
  2. Against person under 17yrs old
  3. Person is respondent of TPO or PO
28
Q

PSO FACTORS re. bound person and family to consider before issuing?
x11

A
  1. Risk Information in the POL
  2. Likely person used/using DV against PAR
  3. Will use/again use DV against PAR
  4. Welfare of kids
  5. Hardship caused if order issued
  6. History w/police
  7. 1M
  8. Alcohol/Drug use
  9. Propensity
  10. FV history
  11. Parenting/custody/PSO previously in force
29
Q

HARDSHIP factors to consider before issuing PSO. x3

What should you consider about the aspects of finances in a relationship.

A

A. Family Car?
B. Finances - who has the cards
C. Financial ability for bound person to find accom.

(Consider the power and control aspects of finances.)

30
Q

When does PSO take effect and How long can PSO be issued for?

A

Issued immediately

5 days maximum.

31
Q

Considerations to be taken into account when determining how long to issue a PSO for. x6

A
  • Consider 24hrs as starting point.
  • Consider time for PAR to get TPO, or parenting orders, or other accommodation etc.
  • Take into account weekends, holidays etc.
  • How long takes to get supports in place.
  • Court availability for TPO
  • Consider safety over several days
32
Q

What should happen as a matter of course after PSO issued? (DCC)

A

Check for breaches - DCC order visits.

33
Q

Steps for attending police to take when issuing PSO?

Initial steps and considerations…actual steps taken - starts with recording occurrence…. x6

A
  1. POL 1310 (POL)
  2. Check for offences
  3. Consider PSO
  4. Consider duration
  5. Seek authority from QC
  6. QC - authorising, sign 1310 if there, make notebook entry about circ’s of authorisation if QC not present.
34
Q

What related powers do officers have when issuing a PSO in relation to the bound person?

A

DETAIN for 2 hours while PSO is investigated. (investigate, authority obtained, issue PSO)

Can remove from place to police station (place used as temp pol stn: patrol car) for this time.
If refuse to remain, can be arrested, ww. $500 fine.

35
Q

If can’t issue PSO in the 2 hr detention window, what then? x3

(When does a PSO expire?)

A
  • Release person immediately.
  • 48hrs from the time the PSO is authorised to locate and serve on person.
  • PSO expires after 48hrs
36
Q

After PSO served, what do you do for PAR and what do you do for BOUND?

A
  • Ensure specialist support and advocacy ASAP (VS, refuge… Enable time for this to happen before PSO runs out.
  • Support and residency for bound person.
37
Q

Procedures to carry out when serving and after serving PSO? x11

A
  1. Procedures as if it were TPO: (firearms, weapons, etc)
  2. Explain to PAR nature, duration, conditions, effect
  3. Record PSO in NIA - call CRL 0800NZPPSO
  4. Explain to Bound Person - nature, duration, conditions effect.
  5. Bound surrenders firearms/weapons/FA licence
  6. Bound Vacates land/building
  7. Copy of PSO to PAR after service.
  8. Contact agency for PAR
  9. Complete 1310, PSO with POL
  10. Email Whangaia - FV Co-ordinator
  11. If Bound absent at issue, find them, serve, Call CRL that PSO served.
38
Q

What type of relationship (between parties) can a PSO be issued against?

A

Bound Person must be in or have been in a domestic relationship with PAR.

39
Q

What happens when there is breach of PSO? - ie. what do you do re. the Bound Person? (at arrest and before they get to court) x7

A
  • Arrest
  • Force if necessary
  • Detain for up to 24hrs
  • to court ASAP
  • Call CRL notify of arrest
  • If can’t get to court within 24hrs - release and SUMMONS
  • Can seek warrant to arrest for breach, and use force if RGB person at an address (lasts 10days in NIA but can search for them for 30 days and then warrant expires.)
  • always consider safety of PAR
40
Q

What happens in COURT to a Bound person breaching PSO, Sn124N- what can the court do? x4

A

a) Release with no further action
or Sn124N:
b) Extend PSO if period not expired.
c) Direct another PSO issued if expired, up to 5 days.
b) Adjourn proceedings so court can consider and Issue TPO (without notice) under Sn 14 DVAct - 124N

41
Q

Is a breach of PSO an offence?

A

No - not an offence - can be arrested if refuse or fail to comply with order or any condition.

42
Q

What do you have to request in court if person appearing on PSO breach?

A
  • Complaint to court requesting order under 124N

124N = extend PSO, issue new PSO, issue TPO

43
Q

How is it best to record a breach of PSO - particularly if Bound person contests the breach. x4

A
  • Breach recorded as signed notebook entry by PAR.
  • BEST to have signed statement of breach from PAR!
  • MN8 from cop, or notebook
  • police and PAR give evidence
44
Q

What if bound person absconds after breach of PSO?

What can cops do before and when appearing in court… and discuss timeframes x 4

A
  • have “one month” from recorded breach (CRL) to locate
  • Can apply for BPSO warrant - only active in NIA for 10 days but remains active for 30 days
  • Arrest and bring before court within 24hrs from Arrest.
  • Complaint filed in court and order sought under 124N
45
Q

Warrant to arrest for absconded PSO breacher? what does this let us do? x3

A
  • Can enter by force if necessary
  • if RGB person is at specific address
  • arrest, then lodge complaint to court seeking order under 124N
46
Q

Warrant issued, bound person not located - then what?

What happens to the Warrant in NIA - expires after how many days?

A

After 1 month, matter brought back before the court and warrant withdrawn.

WTA expires automatically after 10 days in NIA but warrant remains active.

47
Q

Filing complaints of breach of PSO with Court, how do we do this? 4 points

A

No charging document as no offence.
Pol2142 in NIA filled in.
Electronically submitted to court.
Must be sworn by Constable on Complaint, at court.

48
Q

New PSO issued by court - who serves it in what order? x3

Can the bound person be held before service, how long for?

How does this new PSO get into NIA?

A

PSO is organised by prosecutor and then issued by person in following order:

  1. Court Orderly - if not present, then
  2. Constable in the District of the court - then
  3. Prosecutor

Bound can be held 2hrs for this to be completed and served.

Call CRL again!

49
Q

Notifying PAR after new PSO issued in court - who does this?

What happens if they can’t find PAR to notify them…? x3

A

(Opposite order of service person??)
Prosecutor must tell PAR.
If PAR not at court, then contacted by Prosecutor: Constable of District, orderly - CONTACT PAR.

ONLY If they can’t, call CRL who will:

  • Make 3 attempts to call within 1hr
  • Send local unit to complete 4Q
  • Update NIA to reflect action taken

NB - onus is on the DISTRICT to advise PAR.

50
Q

Protection orders - what are the two conditions on Respondent re. weapons?

A

Respondent must not:

  • possess or have weapon under their control
  • hold firearms licence
51
Q

What must Respondent do upon service of TPO re. weapons and licence?

A
  • Surrender to police any weapon/licence in possession or control (lawfully or not)
  • ASAP after service of PO, within 24hrs, AND
  • On demand, at any time, by constable
52
Q

What happens to respondent’s firearms licence after service of PSO, TPO and Final PO?

A

PSO - licence “suspended” for duration.
TPO - licence “Suspended”
FPO - licence “Revoked”

53
Q

What happens to respondent’s weapons with PSO’S, TPO’S, PO’S ?

Can police issues firearms licence while PO in place?

A
  • Police retain weapons.
  • Weapons are returned asap after suspension ceases to be in force.

Police must NEVER approve issue of licence while PO against a person.

54
Q

Serving Protection Orders - what are the steps in detail?

1-8 (scroll down for answer)

A

O/C Station or DVM must:

  1. Check recording standards met
  2. Determine who should serve
    - Inspector, revocation of licences etc
    - Believed to be in possession of Firearms, Search under Sn18 S&S
    - Graduated Victim Response for victim
  3. POLICE must serve if:
    - Respondent is FA Licence holder
    - believed to be in possn or access to FA
    - significant risk to server
  4. At time of service, demand surrender of firearms.
    If served by bailiff or by email from lawyer: 24hrs to surrender FA and licence.
  5. Police revocation of licence, warrantless search for firearms (report to commish 3 days)
  6. Provide suitable storage of weapons
  7. Dispose of firearms when final order made.
  8. Police Officer serving order must:
    - Give notice to OC station nearest to where served.
    - Ensure victim contacted and informed of service
    - Victim Contact Node in NIA
    - Notice of service back to family court
    - Maintain national recording standards
55
Q

What happens if respondent of TPO is police employee?

x2

A
  • Copy sent to District Commander (sworn) or National Manager (employee) or,
  • Deputy Chief Executive: People (PNHQ) if superintendent level or above….

…for appropriate action to be taken

56
Q

What happens to Parenting Orders during a PSO?

A

if you have A bound person in a PSO who has parenting orders re. children, the parenting orders are suspended during the PSO period .

SSGT CPK 2017-727 (13 decks)

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