Fichas
Children Young Person and their Families
Fichas del conjunto (109)
- 1CYP s39 Place of safety warrantsD.C Judge/Issuing officer. Application in writing Police or SW where RGS a CYP suffering/likely to suffer ill treatment, neglect, deprivation, abuse or harm
May issue warrant to enter & search for CYP, (force if necessary) if RGB (above grounds) and remove/detain CYP and place into care of Chief Executive - 2CYP section 42 Search without warrantConst RGB it is CRITICALLY NECESSARY
to protect CYP from injury or death
MAY without warrant
Enter/search (using force)
Remove or detain CYP (using force)
Place CYP into care of Chief Executive - 3CYP section 42 Search without warrant Obligations on police on entry(on first, subsequent visits or if requested)
Produce Identification
Disclose power authorised
*CHILD notification 3 days - 4CYP section 48 CYP unaccompaniedCYP unaccompanied by parent/guardian
In situation physical/mental health impaired or likely to be impaired.
Take CYP (using force) with consent to parent/guardian - OR -
If CYP doesn't want that or they not available, place CYP into custody of Chief Executive (to social worker) - 5CYP section 48 CYP unaccompanied and placed into care of Chief Executive For how long?A child in care of Chief Executive is sufficient authority to detain CYP in a residential unit
-child agrees to be returned to parent/guardian
-application to court to determine if CYP should remain in custody - 6Youth Justice Principals about proceedings s208Unless public interest requires it proceedings not to be initiated against a CYP if there is an alternative means for dealing with the matter.
Not to be initiated to solely provide assistance/services to advance welfare of CYP by their family - 7Youth Justice Principals What should Youth proceedings be designed to do?Strengthen the family of the CYP
Foster the ability of the family to develop thier own means of dealing with offending - 8Youth Justice Principals Offending children in the communityCYP who offend are to be kept in the community as far as practicable with the need to protect public safety
- 9Youth Justice Principals Age and sanctionsAge is a mitigating factor in determining and sanction or sentence
Sanctions to be designed to maintain and develop CYP and their family
Sanctions to be the least restrictive form appropriate - 10Youth Justice Principals Designing sanctions - what is the aim of any sanction-to address the underlying
cause of the CYP's offending
and have consideration of the
-victims views and interests
-impact of the offending - 11Youth Justice Principals Are CYP entitled to any special protectionsYes
CYP are vulnerable and as such they are
entitled to special protection
during any investigation of offences committed by them - 12Youth Justice Principals s214 Arrest of a CYP without warrant Where a power of arrest exists, officers are NOT to arrest CYP unless they are satisfied on reasonable grounds that it is necessary to what:Ensure appearance at court
Prevent further offending
Prevent loss or destruction of evidence
Prevent interference of witnesses - 13Youth Justice Principals s214 Arrest of a CYP without warrant Although there are 4 main factors in determing if a CYP should be arrested are their other exceptions?Noting prevents the arrest of a CYP for a catagory 3 or 4 offence (+14yrs prison)
AND, there are RGB
the arrest is in the public interest
*child (3 days) - 14Youth Justice Principals s214a May arrest a CYP who is released on bail and ...RGB has breached that bail AND
has breached that bail on 2 or more times
Authority to arrest to be obtained from YAS Sergeant or in their absence, supervising Sgt or a qualified Youth Aid officer. - 15Youth Justice Principals s214a Arrest of CYP for breach - where do they go What sort of file is needed for a breach?CYP to be placed into care of Chief Executive (S/W)
Bail breaches must be recorded as a 6D file for initial breaches and an alert placed in NIA - 16Youth Justice Principals s215 Rights. Before questioning a CYP where r.g.s. committed an offence or asking questions intended to obtain an admission what needs to be explained?-If power of arrest exists, CYP may be K9 if refuses to provide details. (N/A if K9).
-If not arrested, CYP not obliged to accompany for questioning. If consents may withdraw consent (N/A if K9)
-CYP not obliged to make STX; if agrees may w/draw consent any time
- STX may be used in proceedings
-CYP may consult/make STX in presence of solicitor and/or nominated person - 17Youth Justice Principals s215a CYFS rights to be explained upon requestWhen speaking to a CYP
regarding an offence or suspected offence and the CYP enquires of their rights
they must be explained to them - 18Youth Justice Principals s216 Rights to be explained to CYP who chargedWhen questioning a CYP in relation to an offence AND;
make mind up to charge with an offence
MUST explain rights to them - 19Youth Justice Principals s217 Rights to be explained to CYP who arrestedOn arrest of a CYP
their rights are to be explained to them - 20Youth Justice Principals s218 Explanations in language/manner appropriateThe rights are to be given in a manner and language that is appropriate to the age and level of understanding to the particular child or young person
- 21Youth Justice Principals s219 Explanation of rights not required when...If rights were given within 1 hour not necessary to give them again
- 22Youth Justice Principals s221 Admissibility of statements made by CYP's Statements are not admissible unless...-Rights are explained in a language and manner appropriate
-Where CYP wishes to consult solicitor and nominated person and does so
-Stx made in presence of solicitor and/or a nominated person or other suitable adult
EXCEPT - spontaneous statements before chance to comply with rights. - 23Youth Justice Principals s222 Nominated persons CYPS may nominate who...Parent or guardian
Adult family member
Another adult selected by CYP - 24Youth Justice Principals s222 If CYP fails to nominate what do you doPolice can choose another adult (not officer)
- 25Youth Justice Principals s222 Can you refuse a nominated person?Where RGB nominated person attempt to pervert justice - OR -
Person cannot be found with reasonable diligence or
not available in a reasonable time - 26Youth Justice Principals s222 What is the duty of a nominated personTo take reasonable steps to ensure CYP has an understanding of the matters
To support CYP before and during any questions and during the making of a stx - 27Youth Justice Principals s229 Where CYP at an enforcement agency regarding an offence by that CYP or following their arrest ...asap after CYP arrives;
inform person NOMINATED by CYP that they at enforcement agency for questioning/arrested and they may visit.
Where person nominates isn't parent/guardian OR fails to nominate; unless it's impractical inform parent/guardian (may visit, CYP rights, may consult privately CYP) - 28Youth Justice Principals s229 Where CYP at an enforcement agency regarding an offence by that CYP or following their arrest and parents wish private visit with CYP, police may...Parents are not entitled to visit CYP if an officer is guarding CYP or
they may be subject to reasonable conditions to ensure safety of CYP or
to prevent commission of an offence - 29Youth Justice Principals s223 Youth and EBA provisionsThe EBA procedures are not affected by s214-232
Normal procedures are to be followed - 30Youth Justice Principals s234 Custody of a CYP following arrest Where a CYP is arrested with or without a warrant, a Constable shall...Release the CYP; or
Release on bail; or
Deliver into custody of
-parent/guardian, -OR-
-with agreement of CYP to Iwi social service or cultural social service - OR-
-with agreement of CYP to any other person.organisation approved by Chief Executive or Constable - 31Youth Justice Principals s235 CYP arrested and placed into custody of chief executive. CYP is arrested AND Constab;e has reasonable grounds to believe ...CYP not likely to appear in court
commit further offences
prevent loss/destruction evidence, -interfere with witnesses OR
arrested for breaching bail and likely they will keep doing so.
CYP to be placed into care of Chief Exec by delivering to a S/W, AND presenting them with prescribed form of ID of CYP, circumstances of arrest and date/time of CYPs court appearance. - 32CYP Young person who is arrested may be detained in police custody.Where senior S/W and Snr Sgt (and above)
are satisfied on r.g, the YP who is arrested
-likely to be violent or abscond; AND
suitable facilities for YP not available
On a certificate from Snr S/W and Snr Sgt, YP may be detained in police custody exceeding 24 hrs until appears in court. - 33A Young person who is arrested may be detained in police custody. Where a certificate issued by a S/W and Snr Sgt to keep YP in police custody, what is also required to be completedWithin 5 days of the certificate,
provide the Chief Executive (through the S/W) and the Police Commissioner a copy of that certificate AND a report of the circumstances and the duration of the YP's detention in police custody - 34R v KAHU s39 Place of safety warrantPolice entered address under s39 to check the food situation and the children.
Cannabis found. Appealed. HELD -
able to search cupboards for food as part of living conditions for the child - 35PETTUS v R Search without warrantCharged with meth manufacture and ill treatment of children. S/W present at drugs warrant as knew children present. Blood/hair samples obtained re contamination under s42. Evidence withheld as U/L obtained as s42 is an emergency provision and when children removed from house no longer applied.
- 36Police v D. Youth drunk and U/L on property. s48 and taken to station. En route provided guardian details. Taken through cell block.En route to station provided guardian details. At station he assaulted officer and charged. Appealed. HELD as U/L detention to be taken through cells & detained. Police claimed he a youth offender and further enquiries were necessary. S48 no scope to detain for that purpose. Cannot use that legislation to get youth to court (use 214).
- 37If police find a CYP offending and that CYP is not arrested what happens?Police locating a CYP offending must consult with Youth Justice Coordinator with a view to a FGC before laying charges or charges are complemented.
It's a role of the FGC to discuss the offending and decide if charges laid. - 38Police v T. Detention in Police Custody T shoplifted and instructed to stop and ran. Chased and arrested and placed into custody with shoplifting $9 food. Subject at that time to supervision order with 17 charges. Stayed in custody 24hrsadvocate questioned arrest and that T not brought to court promptly. Police said arrest necessary to prevent further offences. HELD - failure by police and bail granted and FGC directed. The initial arrest justified but nothing to suggest it needed to prevent further offences. Failure to bring to court a breach of BOR and 24hrs in custody a serious breach
- 39ELIA v R. Rights and nominated personsTwo teens ag robbery of dairy. Police interview one teen without caution.
That led to 2nd teen being interviewed and nominated person attempt to pervert. Another nominated person obtained. Officer failed to re-state rights on change of support person. Appealed over subsequent statements being obtained after first admission wo/ caution.
- 40R v K Nominated persons s222K homicide suspect. Father agreed to return to station for stx. Rights given . Father an alibi witness not suitable s222. K didn't know where mother was so police decided to bring in independent nominated person (didn't let K decide another). K made admissions. APPEAL; K not told not obliged to accompany in absence of arrest and failure to nominate. Interview inadmissible. Police cannot veto choice unless likely to pervert/can't be found
- 41S v Police. Spontaneous admissions Police visit S after 15 burglaries. Given rights and asked to accompany and show locations of offending and told no intention to chargeDuring the drive S advised committed 2 ag robberies. Told of his rights invited to station, nominated person obtain and admitted offences. Excluded because officer not specific about any offences he was not going to be charged for.
- 42Family Violence Principle of a collaborative approach with other agencies and community partners. Other principals include SAFETY... explain-Ensure all parties safe, esp the victim
-Children are especially vulnerable and must ensure their safety
-Attending FV on of the most dangerous jobs for police - 43Family Violence FV principals include COLLECTION RISK INFO... explainEnables decisions to assess, plan and manage risk to victims of FV by
-child risk factors
-IPVF
-ODARA - 44Family Violence FV principals include ACCOUTABILITY... explainHold offenders to account tor their actions
-through investigation and appropriate charging for offences
-a prompt and comprehensive response
Where offenders may benefit from interventions direct them into programs to stop violence. - 45Family Violence FV principals include WORKING COLLABORATIVELY explainCoordinated response to FV within police
FVIARS meeting (risk assess, info share)
Case management
Use stat powers to support/manage victim
Victim/Offender safety / action plans - 46FV investigation and scene attendance where firearms involved. Always check NIA to see if access to firearms (eg licence) or alerts-Check if PO/PSO in place (f/arms should be surrendered during order).
-Consider if your concern warrant the issue of a PSO or where sufficient to arrest, an application for a PO. In either case all FAPRIE to be surrendered/seized.
-If seizing report to Commissioner (*FIRE, 3 days)
-Following surrender, determine if liecne holder fit and propert. Take appropriate action (eg revoke licence - Arms Officer) - 47FV Corroboration Early interviewsVictims commonly recant/minimise from pressure from suspect.
Evidence can be sworn on same day to reduce chance of changing it later
All interviews record as signed stx - 48FV Collecting risk information IPV, CRF and ODARACRF for all children under 17 (not visitors)
Includes unborn children - 49FV and CYFS report of concern (ROC) Must report if...-Serious child abuse (CPP - POL350)
-Where CRF priority factors present
-Where above n/a but you assess risk- supervisor for authority) (POL351)
-Where staff attend a non FV incident and identify concern for kids at address a ROC made with supervisor approcal (P0OL351) - 50Reporting with urgency for child safety A CRITICAL situation - what action is necessary (urgent to critically protect injury or death)Enforcement steps appropriate
Remove/detain CYP (s42) to Chief Exec
If CYP not removed and is safe, contact local CPT asap (+CPP notification). If outside office hours ring CYFS National Call Centre and advise ROC and CPP.
Complete file, forward CPT if appropriate - 51Reporting with urgency for child safety Serious child abuse (serious physical/sexual, neglect, FV where child present or caregiver CYFs caregiver or member of police)Enforcement steps appropriate
Contact local CPT asap (+CPP notification). If outside office hours ring CYFS National Call Centre and advise ROC and CPP.
Complete file, forward CPT if appropriate - 52Reporting with urgency for child safety FV where Child Risk Factors indicate one of more priority factors presentEnforcement action appropriate
ROC to CYFS with supervisor / FV coordinator consent
Evaluated by FVIARS - 53Reporting with urgency for child safety Other risk factors presentDiscuss child risk info with FV Coordinator
If approved, send CPP or ROC. If no approval, FV team make a ROC to local CYFS office.
Evaluate by FVIARS - 54-Family Violence- Making a decision to arrest The solicitor generals prosecution guidelines must be metIf suffienent evidence of offence, suspects for FV offences or BOPO should except in exceptional circumstances be arrested.
- 55-Family Violence- Protection Orders - when do they expire?There are effective until discharged by the Family court
- 56-Family Violence- Making a decision to arrest in historic Breach of Protection MattersAction should still be taken
- 57-Family Violence- Making a decision not to arrest for FV offencesMUST consult with supervisor before proceedings.
Also advisable to consult FV coordinator - 58-Family Violence- Making a decision to arrest Do you need a complaint from the victim?NO
No formal complaint is required from the victim to arrest or file charges.
A victims wishes or response should be recorded. - 59-Family Violence- What to do where there is insufficient evidence to arrestIf have concerns for the victim or children, consider issuing of a PSO
If you don't serve a PSO ensure victim and children are safe and linked to appropriate support services and they receive the victim information form. - 60-Family Violence- Should you warn for FV offences when there is sufficient evidence to arrestNO
- 61Charging FV Offenders PrincipalsDon't minimise violence that occurred
Charges should make offender accountable for actions
Consider the risk the offender
poses to the victim - 62Guidelines for determination of FV charges for a BOPO assaultWhen BOPO and an assault occurred MUST
charge with BOPO and Assault
Do not release offender on bail for 24hrs providing there is no court before that period finishes. - 63Bail for FV offences What are the primary considerations?Safety of the victim
Linking victim to support services
Cooling off period for offender - 64Restrictions on bail for BOPO-If arrested and charged for BOPO, must not be bailed for 24hrs following arrest.
-Must be brought court asap
-After 24hrs and pending a court appearance follow usual bail procedures
-Once defendant appears in court, the need to protect victim paramount consideration for determining court bail - 65Who can give authority for releasing a FV offender on Police bailSupervisor - Sergeant or above
- 66FV Bail for BOPO and FV-Bail Act provides need to protect victim paramount for BOPO
-PPS to consider any safety plans in place
-Bail conditions specific and relevant to risks posed
-Only in exceptional circumstances bailed to victims address - 67FV BOPO - principals for policeTreat breaches as serious- arrest and detain until next court hearing
- 68FV Safety, support and interventionODADA must be completed
Safety plan in conjunction with Refuge
RISKS - suspects location/behaviour, seriousness of this/prev FV, further interference, risk to kids/others
CONSIDER- safety alarm, safe house etc - 69FV Safety plansManage risk
Victim vulnerability (alarms, cell phone etc)
Clearly record actions for victim to take and have victim sign (give copy)
Contact WR and provide plan to them
Issue PSO if no PO in place (if appropriate)
Plan no specifics in case offender gets it
Review plan frequently with FVIARS/ WR - 70FV Victim access to support servicesEnsure the victim is safe before leaving the scene and a safety plan prepared if appropriate (consider removing victim from scene if suspect not located) Provide victim info sheet.
Follow local procedures
Complete Pol1310 and enter alerts and safety plan in NIA - 71FV Local AgreementsWR primary agency for support for FV
Victim Support only provide support where no specialist agency available
FVIARS follow up multi agency response
Support agencies - one victim one referral - 72FV Local agreements and the right to privacy of victimVictims right to privacy must be taken into account.
Disclosure of victim information to another agency is permitted if it ensures the victims gets the best support - 73Police Safety OrdersImmediate Order by Qualified Const (Sgt)
Doesn't require victims consent
Requires person to
surrender any firearm or weapon and firearm licence
vacate any land/building regardless of onwership. - 74Police Safety Orders Who is a qualified constableSgt or above
Not an acting Sgt unless their appointment is a formal acting role
If no Sgt, contact COMMS - 75PSO What is the purposeTo provide a cooling off period
Allows victim time to seek support services or apply for a PO - 76PSO what are the conditions of a PSOSame as a PO
Contact with the person at risk is restricted to that which is reasonable necessary in an emergency - 77What happens with a parenting order when a PSO is issuedThe parenting order is suspended for the period of the PSO
- 78Deciding to issue a PSOIf const doesn't arrest for act of violence but has r.g.b. a PSO is necessary for safety
- 79Deciding to issue a PSO If you arrest for a FV offence but later determine there is insufficient evidence can you issue a PSONO
- 80Deciding to issue a PSO Can a PSO be issued for persons not in relationshipsYES
Included other relationships - sharing a household (flatmates) and close personal relationships (friends) - 81Deciding to issue a PSO Can a PSO be issued to a person under 17NO
- 82Can you issue a PSO when there is a PO in place?Yes. If evidence of offence of BOPO is obtained should arrest for that.
If insufficient evidence to arrest for a BOPO, a PSO can be issued. - 83Factors to consider in issuing a PSOCRF, IPV and ODARA
Likely offender will use/used violence
Likely offender violent again
Welfare of children
Any hardship if PSO issued
PLUS
Previous interactions with police, mental illness, alcohol/drugs, propensity for violence, FV history, any orders in place - 84Factors to consider in issuing a PSO What are "hardships"Access to vehicles
Financial
Ability of named person to find accommodation or transport - 85PSO and Parenting OrdersEstablish if a parenting order is in place or in the process of being obtained
If Parenting Order in place, FVC will followup - 86When does a PSO start and how long can it go forStarts immediately upon service
Lasts up to 5 days - 87Who decides length of PSO and what start point is thereIssuing officer decides duration
Starting point of 24hrs then factor in other considerations including holidays, support services, risks etc - 88How long can a person be detained for a PSO to be served2 hours to allow time to obtain authority, issue and serve the order
- 89Can you remove a person to serve a PSOYes may remove from premises and take to a police station or other such place during that detention period.
If refuses may be arrested without warrant - 90What happens when you decide to issue a PSO but can't either obtain authority or issue or serve the order within 2 hours?Must release the detained person
Then have 48 hours to serve the order.
Order expires if not served in those 48hrs
The 48 hours commence from the time the qualified constable authorises the PSO - 91Arranging support for the person at risk What should you ensure:-Relevant/appropriate support contacted and immediate safety assured
Victim has advocate arranged within the PSO time frame
Support and temporary residence available - 92PSO issuing proceduresSeize firearms and licence
Fully explain duration/effect of PSO to both parties (consider ILO or similar)
Record PSO in NIA (via CRL)
Bound person surrender f/arms & vacate
Obtain appropriate agencies for support for protected person/children
Complete POL, PSO on file, Notify FVC - 93Breach of a PSO Not an offence but bound person can still be arrested if fail to comply (reasonable force). If bound person is arrested for a breach of a PSO you MUST:Bring to court within 24 hrs
Request court re-issue PSO or adjourn to make application for a temp PO
If bound person cannot be brought to court within 24hrs, release and summons (if fail to appear can be arrested).
Normal rules of evidence apply (signed stx from victim and officer sufficient) - 94Breach of a PSO If the bound person breaches the PSO how long have you got to find themOne month from the breach to locate and arrest then 24 hrs to bring to court.
If person absconds advise the CRL
May apply to court for a WTA which provides a power of entry. - 95Breach of a PSO If the bound person breaches the PSO and absconds and the court issues a WTA are there any time constraints?If WTA issued, and the person is not located within 1 month the matter must be withdrawn
NIA alert remains for 10 days. - 96Breach of a PSO Do you file a charging documentNO as it's not an offence
A complaint filed using a Complaint Form in NIA which must be sworn at court by the constable named on the complaint (can't be electronic) - 97PSO and court hearings Role of the prosecutorProsecutor to advise the person at risk of the court decision and any outcome/action
If prosecutor or constable cannot advise person a risk request CRL to contact them by 3x phone calls within1 hr, send a unit for a 4Q and update NIA
Responsibility of District to update person at risk , CRL just helping - 98FAILS TO REMAIN WHILE PSO SERVED What must you prove What power do you haveProve failed to remain or refused to remain by constable who detained them
Power of arrest without warrant
Fine not exceeding $500 - 99PROTECTION ORDERS Who is protectedApplicant and their children. A child over 17 remains protected until they permanently leave home.
Adult children can be protected if named as a specified person.
Order may also protect a particular person the applicant has a domestic relationship with (partner) - 100What does the court have to direct the respondent to do upon receiving a protection orderTo attend a program unless there is a good reason not to
- 101Protection Order Conditions in relation to WeaponsMUST not have any weapons (FAPRIE) or licence in possession or control
MUST surrender any weapons/licence asap (within 24hrs) and on demand any time by police.
Where Temp PO issued, same applies.
Police retain weapons in surrender period. Return after that period. - 102Seizing firearmsPolice have the power to determine if a person if a fit and proper person to hold a firearms licence.
Where police receive a copy of a Temp PO where respondent has a f/arms licence, the O/C station must arrange an INSPECTOR or above to consider - if licence should be revoked or a warrantless search exercised - 103FV Definition CHILDUnder 17years
Doesn't include person who is married or in a civil union or de facto relationship - 104FV Definition CHILD OF APPLICANTS FAMILYA child who usually or periodically resides with the applicant (not necessarily related)
- 105FV Definition Psychological abuse of childPut, causes or allows a child to see or hear physical or sexual abuse
of a person a child has a domestic relationship with - 106FV Definition Domestic RelationshipSpouse / Partner
Family member
Share household
Close personal relationship
NOT landlord/tenet or employee/employer even if they live together - 107Protection Orders Is failing to attend a program as directed by the court a BOPONO, it's failing to comply with a direction of the court
BOPO has a power of arrest w/o warrant:
- failing to comply with any condition; OR
-contravening the PO - 108POLICE v ELLIOT Consent to remain on property PO in place. Wife withdrew consent and told male to leave. History of BOPOPolice arrived and male asked to leave but failed to do so - arrested BOPO.
Applicant may remove consent any time and respondent must leave as soon as reasonably practicable. Charge dismissed due to not allowing reasonable time to leave, his possessions still in house and no violence. - 109Senior v Police. PO in place Male abused his ex partner on his Facebook pageEx partner not a FB friend but her niece was and showed her. APPEALED lack of intent. HELD that he was at least reckless and no defence available.
Confirms abuse doesn't have to be directly addressed to protected person and no direct evidence required id abuse intents protected person to see/hear it
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- Descripción
- Fichas sobre Children Young Person and their Families, creado por PhilandTracy Sayers el 15/06/2015.
- Creado por
- PhilandTracy Sayers
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