Policy And Procedure

Question 1

Assault on a child

Answer 1

s194 2 years

Assaults any child under 14

Question 2

Police discretion with Parental control

Answer 2

s59 Anti smacking situation

Police have the discretion not to prosecute if it is so inconsequential there is no public interest

Question 3

s195 ill treatment or neglect of child or vulnerable adult

Answer 3

10 years

Applies to anyone who has actual care or charge of complainant or any staff at hospital, institution or residence where they reside

Being a person who intentionally engages in conduct or omits any duty that is likely to result in suffering, injury, health effects, mental disorder or disability

*child is under 18

Question 4

s195A failure to protect child or vulnerable adult

Answer 4

10 years

Imposes criminal liability where it is known a child/vulnerable adult is at risk of harm and no action is taken

Question 5

Who does s195A apply to?

Answer 5

Household members and staff of hospital, institution or residence where victim resides.

Applies if person has frequent contact and knows of risk (mens rea) and fails (actus reus) to take reasonable steps to protect them

Person charged must be 18+ at time of act

Question 6

What must crown prove for s195A?

Answer 6

Child was under 18
Defendant was over 18
Frequent contact (matter for jury to decide)
Defendant had knowledge of risk

Question 7

Areas to consider when determining CPP referral for physical abuse

Answer 7

Action of the abuse
Injury inflicted
Circumstances

Question 8

Define serious child abuse and when police would remove child

Answer 8

Sexual abuse
Serious physical abuse
Serious wilful neglect
Serious 5F where child is witness
Allegations against caregiver/employees involving serious child abuse

Question 9

What are the two priorities when investigating an adult sexual assault?

Answer 9

• investigate as quickly as possible
• meet victims physical and emotional needs

*This will help with the investigation and the victims recovery and the quality and quantity of information gathered
*must always keep victim informed

Question 10

Define victim

Answer 10

A person who offence is committed against
Suffers injury or loss/damage to property
Parent/guardian of child victim
Member of immediate family
Suffers emotional harm

Question 11

How should you deal with victims of sexual assault?

Answer 11

Sensitive and concerning manner
Accept they are telling the truth (unless evidence to the contrary)
Listen
Ask is any medical attention needed
Treat with courtesy
Explain the process
Advise of counselling services available

Question 12

To preserve trace evidence you must remind victim:

Answer 12

No eating/drinking
No toilet (if necessary use toxicology kit to capture urine and action victim not to wipe)
No washing/showering
No washing hands/biting fingernails
No changing clothing
No smoking
No brushing teeth or rinsing mouth

*if perpetrator is unknown the victim should be wrapped in a sterile sheet to prevent cross contamination

Question 13

What should you explain to victim about medical exam?

Answer 13

Conducted by a specialist
Beneficial for their sexual and mental health and will help gather evidence
The expected timeframe
Ask if they have a gender preference for the practitioner

Question 14

What are the police responsibilities to victims and their rights?

Answer 14

All obligations under victims act must be met
Must be given info about progress of investigation within 21 days
Must be kept updated and informed of outcome/closure
Notified when offender arrested and charged
Determine if s29 and if so must be informed of right to register

Question 15

Define child abuse

Answer 15

As per CYP Act 1989 it is the harming (whether physical, emotional or sexual), ill treatment, abuse, neglect or deprivation of any child or young person

Question 16

define the term “child centred timeframes”

Answer 16

Timeframes that are relevant to the child’s age and cognitive development. The younger the child the more vulnerable they are and therefore require a quicker response.

Question 17

CALM TEA

Answer 17

C - conduct your dealings in a sensitive and concerned manner
A - accept they are telling the truth
L - listen
M - medical attention
T - treat them with courtesy
E - explain process
A - advise them of counselling services

Question 18

What must you do before suggesting or informing a complainant that you believe there complaint is fabricated?

Answer 18

Obtain a supervisors approval ( D / S / Sgt with tier 4 ASA training and accreditation)

Question 19

Who can file an ASA file?

Answer 19

Level 4 ASA qualified CIB supervisor

Question 20

What age does ASA policy apply to?

Answer 20

18 years or over at the time the complaint is made

Question 21

What is the desired outcome of ASAI P&P?

Answer 21

Enhance welfare and safety of victims

Improve the investigation, resolution and management of complaints

Question 22

What is the NIA case category for child abuse cases?

Answer 22

2 Critical

Question 23

Who can file a report of concern for child abuse?

Answer 23

Level 4 CO trained substantive detective senior Sgt (or substantive D/Sgt in relieving capacity) who has also revived operational sign off from the district crime manager.

Question 24

Orange Tamariki timeframes

Answer 24

Critical 24hrs: no safety of care identified. At risk of serious harm and requires immediate involvement to establish safety

Very urgent 48hrs: at risk of serious harm but has some protective factors present for the next 48 hours. High priority follow up required.

Urgent 7 days: at risk of harm or neglect and circumstances will likely have a negative impact.

Question 25

What is historic child abuse defined as?

Answer 25

Reports by an adult victim of child abuse that occurred against them when they were a child and are over 18 at the time of reporting.

Question 26

Examples of neglect

Answer 26

Not providing food, shelter or clothing Not protecting from physical harm or danger Not accessing medical treatment or care Allowing exposure to drug manufacturing process Allowing exposure to toxic flammable chemicals

Question 27

Examples of actions of abuse that will meet threshold for CPP referral

Answer 27

Blow or kick to the head Shaking of infant Strangulation Use of object as weapon Attempted drowning Or injuries: Fracture Burn Concussion Injury req medical attention

Question 28

What circumstances may warrant CPP referral?

Answer 28

Vulnerability of child More than one offender (both parents) History of abuse High degree of violence Offenders history and background Location of incident (school) Nature and level of concern by notifier

Question 29

Cases requiring referral to OT

Answer 29

Child abuse Family violence Environment/neglect Other criminal activity

Question 30

What must you advise the medical practitioner when you call them for exam?

Answer 30

Age and gender of victim When assault believed to have occurred Brief outline of info know so far Victims wishes about gender of practitioner

Question 31

A pre lim is necessary to establish:

Answer 31

Brief outline of facts Victim safety Public safety Urgent investigation needs, powers, CADD etc.

Question 32

When questioning a child…

Answer 32

If already disclosed to an adult and adult can give info then do not question child what happened to them If no urgent safety issues then do not question further Do not continue to question child if it becomes clear that an offence has occurred

Question 33

Primary objective of medical exam

Answer 33

Well being and safety is paramount. The primary objective is the victims physical, sexual, mental health and safety. Secondary importance is to collect trace evidence.