Youth / Victim / Appreciations

Question 1

Section 214

OT Act 1989

Answer 1

(1)(a) that it is necessary to arrest that child or young person without warrant for the purpose ofL
(i) Ensure appearance of CYP before Court
(ii) Prevent that CYP from committing further offences
(iii) Preventing the loss or destruction of evidence.
(iiii) Prevent interference with any witness

Question 2

Section 215

OT Act 1989

Answer 2

CYP to be informed of rights before questioned by enforcement officer.

Five Situations:

1. Under arrest 2. RGTS of committed an offence 3. Before asking any questions and intend of obtaining an admission 4. During the course of questioning, an enforcement office forms the view that there are RGTS the person of having committed an offence 5. Person makes any enquiry of the enforcement officer about all or part of the rights.

Question 3

Section 218

OT Act 1989

Answer 3

Explanations to be given in manner and language appropriate to age and level of understanding of CYP

Question 4

Section 222

OT Act 1989

Answer 4

Persons who may be nominated for the purpose of statement / interview.

Police may refuse consultation with a nominated person if the officer believes on reasonable grounds that such a person would be likely to attempt to pervert the course of justice or the nominated person cannot be located in time.

Question 5

Doli Incapax

Answer 5

Doli Incapax is an ancient common law that children under a particular age are ‘incapable of evil’ and therefore should not be culpable for any criminal acts or omissions.

Question 6

“Victim” For the purpose of all parts of the act.

Answer 6

• First person who is directly affected, the person against whom the offence is committed, suffers physical harm or property loss / damage.
• Secondly, the parent or guardian of the person directly affected where that person is a CYP - under 17
• Thirdly, the members of a person’s immediate family where that person dies or is incapable as a result of the offence.

Question 7

Section 51

Victims Rights Act 2002

Answer 7

Return of Property:

(1) Law enforcement agencies that hold property of a person (excludes offender) for evidential purposes, must return it as soon as practicable.

(2) Doesn’t apply if the person advised that he or she does not want the property returned

Question 8

Who can be registered on the VNR?

Answer 8

Only victims of offences specified in sec. 29 of the act can go on the VNR.

• Sexual assault or other serious assaults.
• One that resulted in serious injury to a person, the death of a person or a person being incapable.

-One of another kind, and that has led to the victim having ongoing fears on reasonable grounds: for their physical safety / security, for the the physical safety / security of one or more members of their immediate family.

Question 9

AFCO

Answer 9

Aim / Factors / Courses of Action / Outline Plan

Question 10

Forms of Appreciation

Answer 10

Full formal appreciation & shortened note appreciation.

Question 11

SMART

Answer 11

Specific
Measurable
Achievable
Realistic
Timely

Question 12

Constraints

Answer 12

A constraint is any limitation given to you by the ‘commanders intent’ or out of the information you have received.

Question 13

Commanders Intent

Answer 13

This is what you are tasked to do or what the situation may require of you, what the desired end date or outcome will be.