1
Q
Describe who is a victim under section 4 of the Victim’s Rights Act 2002.
A
- a person against whom an offence is committed
- a person who suffers physical injury, or loss of or damage to a property caused by someone else committing an offence
- a parent or legal guardian of a person under 18 who falls within the two bullet points above, unless that parent or guardian is charged with, convicted of or pleads guilty to the offence
- a member of the immediate family of a person who as a result of an offence committed by another, dies or is incapable, unless that family member is charged with, convicted of, or pleads guilty to the offence
2
Q
What sections of the Victim Rights Act 2002 are relevant to the treatment and rights of victims generally?
A
Section 7 - Treatment of Victims
Section 8 - Access to Services
Section 11 - Information about services to be given to victim
Section 12 - Information about proceedings
Section 29 - specific offences defined and police obligations
Section 51 - Return of property held as evidence
3
Q
VRA 2002, Section 7
A
Section 7 - Treatment of Victims
- treat victims with courtesy and compassion and respect for their dignity and privacy
4
Q
VRA 2002, Section 8
A
Section 8 - Access to Services
- a victim or a member of a victim’s family should have access to welfare, health, counselling, medical or legal services for needs arising from the offence. This includes actions a court can take to help them
(MOU with Victim Support mandates we refer victims under section 4 of VRA to VS)
5
Q
VRA 2002, Section 11
A
Section 11 - Information about services to be given to victim
- Victim must, as soon as practicable after the victim comes into contact with an agency, be given information about programmes, remedies or services available to the victim through that agency
6
Q
VRA 2002, Section 12
A
Section 12 - Information about proceedings
- Victim must, as soon as practicable, be given information by investigating authorities or as the case requires by members of court staff or the prosecutor about…
- progress of investigation
- charges laid or reason for not laying charges and changes to charges laid
- victim’s role in prosecution
- 1st appearance in court
- Prelim hearings
- Any trial
- Hearing of appeals
- Any referral of conviction
7
Q
VRA 2002, Section 29
A
Defines a specified offence as
(A) an offence of a sexual nature specified in
(i) Part 7 of the Crimes Act 1961, excluding the offences in sections 143 and 144; or
(ii) sections 216H to 216J of the Crimes Act 1961
Or
(B) an offence of serious assault that does not come within paragraph (a); or
(c) an offence that has resulted in serious injury to a person, in the death of a person, or in person becoming incapable; or
(d) an offence of another kind, and that has led to the victim having ongoing fears, on reasonable grounds
(i) for his or her physical security; or
(ii) for the physical safety or security of 1 or more members of his or her immediate family.
8
Q
VRA Section 29 info
A
- if police are opposing bail and it involves victims of s29 offence, mandatory to notify victim of outcome of bail hearing as soon as practicable
- Victims can apply to go on the Victim Notification Register, and police must inform them of this right
- Victims views about defendants release on bail must be ascertained
- court must be informed of theee views
9
Q
VRA Section 29 Police Responsibilities
A
- O/C must identify this on prosecution file cover sheet
- O/C must check qualify offence is correctly populated
- O/C must inform victim of their right of be on VNR (POL1065 form)
- update Victim Contact Node
- Complete CSV1 and attach with first appearance file. Court Victim Advisors provide support.
- Referrals to partner agencies mandated (eg. VS)
- Get and advise victim’s views on bail
10
Q
VRA 2002, Section 51
A
Return of property held as evidence
- as soon as property held for evidence is no longer required, it must be returned as soon as practicable after it is no longer needed, unless the victim does not want it returned
11
Q
Recording a Victim Contact Node
A
Update in NIA, each time a victim has been contacted, ensuring obligations under VRA are met
12
Q
Purpose of CSV1
A
To refer victims to Victim Support
13
Q
VRA Section 12
A
Information about proceedings
- A Victim must as, soon as practicable, be given information by investigating authorities or as the case requires by members of court staff or the prosecutor about the following matters
- progress of investigation
- charges laid or reason for not laying charges and changes to charges
- victims role as witnesses in prosecution
- 1st appearance in court
- prelim hearings
- any trial
- hearing of appeals
- referral of conviction
14
Q
What is the purpose of a Victim Impact Statement?
A
- enable victim to provide info to court about effects of offending
- assist court in understanding victims views about offending
- inform defendant about impact of offending from victims POV
15
Q
When is a VIS required?
A
- any victim should have opportunity
- sometimes by others disadvantaged by event
- for corporate victims, O/C discretion
16
Q
What is in VIS
A
- Victim Details
- Physical Injuries
- Financial Costs
- Emotional Harm
Should include victims perspective about the effects on the victim, nothing more.
Must relate to charges before court and be factual and objective.
Must not contain opinion, comment on defendant, refer to anything other than the charge and effects.
17
Q
Police definition for “hate motivated crime”
A
Offence which is perceived by victim or any other person to be motivated, wholly or in part, by a hostility or prejudice based on a persons particular characteristics, such as:
Race
Religion
Sexual orientation
Gender identity
Disability
Age
18
Q
Define criminal hate speech
A
Offensive language, intimidation, harassment, or harmful digital communication with perceived prejudice against someone’s race, ethnicity, religion, sexual orientation, gender identity, disability, age.
19
Q
Difference between hate-motivated crime and hate-motivated incident.
A
One is an offence, the other is not. Still both should be recorded and acknowledged.
20
Q
Define “Mental Disorder”
A
Mental disorder, in relation to any person, means an abnormal state of mind (whether of continuous or intermittent nature) characterised by delusions, by disorders of mood, perception, volition or cognition of such degree that it:
- poses a serious danger to the health and safety of that person or of others, or
- seriously diminishes the capacity of that person to take care of himself or herself
21
Q
Define “Special Patient”
A
These are patients who are detained by way of a court order if they are found to be criminally insane or unfit to plead. The category also includes people on remand for a psychiatric report.
22
Q
Define “Restricted Patient”
A
These are patients who are subject to a compulsory treatment order but are considered to present a danger to the public.
23
Q
What powers relevant to the Mental Health Act (Compulsory Assessment and Treatment) Act 1992 do Police have?
A
Section 109
- Mentally Disordered people on Public Places
Section 41
- Assisting a Duly Authorised Officer
Section 110C
-Police Powers of Entry when Urgent Assistance is Needed (assisting Mental Health Practioner)
Section 122B
- Reasonable force used to
- Take person, proposed patient or patient
- Detain person, proposed patient or patient under Sections 41, 109, 110
- Enter Premises under Sections 41,110
24
Q
Section 109, Mental Health Act 1992
A
Mentally disordered people in public places
- Any person found wandering at large in any public place
- Acting in manner gives rise to RB mentally disordered
- Constable may (if in public interest)
- Take personal to police station, hospital, surgery, appropriate place
- To arrange examination by medical practitioner
— Must take personal to place and DAO’s examination must begin within 6 hours or person released
- should avoid police station
25
Section 41, Mental Health Act 1982
Assisting a Duly Authorised Officer (DAO)
DAO may call upon Police to
- facilitate assessment of patient, or
- transport a patient for assessment or treatment
S41 provides
- Power to enter
- Ability to detain for assessment (6hr time limit)
- Take the person to a place for assessment
- Warrant preference rule
26
Section 110C, Mental Health Act 1992
Assisting a Mental Health Practitioner
A mental health practitioner (Dr) can seek police assistance to conduct an assessment or administer sedatives
S110C provides a constable can
- Enter a place
- Detain the patient (6hr time limit)
- Transport the patient to a place for treatment
27
Section 122B, Mental Health Act 1992
Use of Force
When executing a power pursuant to sections 109, 41, 110C, police may use such force as is reasonably necessary in the circumstances
- force in this legislation is a LAST RESORT and it MUST be lawful, reasonable and proportionate.
28
Time limit for detention, Mental Health Act 1992
Always no more than 6hrs before assessment or examination begins
29
Mental Health Act 1992 Detention and BoR
In every case of police using a detention, police must administer the Caution pursuant to the BoR.
There is specific caution for s109 on checkpoint
We can search (SAS2012) if necessary and use handcuffs
30
What is Haumaru Tamariki Protocol?
CPP - Child Protection Protocol
31
Why was Haumaru Tamariki Protocol (Child Protection Protocol) created?
So Police and Oranga Tamariki can work collaboratively to ensure the safety and wellbeing of children and young persons.
It outlines the areas of responsibility for each organisation in relation to health and wellbeing of children and allows for info to be shared and joint process.
Ensures timely coordinated and effective action by OT and Police so that
- Tamariki are kept safe
- Offenders are held to account wherever possible
- Taimati victimisation if reduced
In each district process is managed by respective districts’ Child Protection Team.
32
In relation to the CPP, what are the 3 categories of abuse towards children?
- Physical abuse
- Sexual abuse
- Neglect
33
In relation to CPP, explain Physical Abuse
Physical abuse
- actions of offender result or potentially result in physical harm/injury (NAI - non accidental injury)
For CPP referral, consider:
- action (of abuse)
- injury (outcome or result)
- circumstances (factors in case$
All the following meet threshold for CPP referral
1. Blow, kick to head, shaking of infant, strangulation, uses of object as weapon
Any following injuries meet threshold
2. Bone fracture, burn, concession, loss of consciousness, injury requiring medical attention, bruising or abrasion when tamaiti is very young (making it unlikely from play)
Any other action in combination with:
3. Vulnerable tamaiti (under 5, pre pubescent), more than one offender
34
In relation to CPP, explain Sexual Abuse
Act involving indecency with or sexual violation of a tamaiti, or using tamaiti to make sexual images
Eg.
- rape, penetrative activity
- kissing, rubbing, touching, masturbation
- forcing sexual activities when tamaiti doesn’t understand
- grooming tamaiti in preparation for sexual abuse
35
In relation to CPP, what is Neglect?
When person intentionally ill-treats or neglects a tamaiti or causes or permits a tamaiti to be ill-treated in a manner likely to cause the tamaiti actual bodily harm, injury to health or any mental disorder or disability. Must be serious and avoidable.
Should be investigated if:
- not providing adequate food, shelter, clothing
- not protecting tamaiti from physical harm or danger
- not accessing appropriate medical treatment of care
- allowing tamaiti to be exposed to illicit drug manufacturing process
- allowing tamaiti to be exposed to environmental where volatile, toxic, flammable chemicals have been used or stored
36
What is the CPP process?
Joint process between OT and Police to respond to complains or Reports of Concerns that allege criminal actions or behaviour against children.
37
CPP vs ROC?
If a suspected criminal offence - complete a CPP referral (POL350)
If not criminal, but cause for concern, submit a Report of Concern (POL351)
38
When first one scene and speaking to child victims, how much should a constable speak to children (under 16)
Enough to instigate initial action process, no more. Open ended questions.!
Specialist child interview will go over finer details.
39
According to the Oranga Tamariki Act 1989, define a Child.
A person under the age of 14 years.
40
According to the Oranga Tamariki Act 1989, define a Young Person
A person over the age of 14 years but under 18 years
41
CYP
Child or Young Person
42
OTA
Oranga Tamariki Act
43
YAS
Youth Aid Service
44
FGC
Family Group Conference
45
OT
Oranga Tamariki
46
What is the Paramount Principle?
Section 4A(1), Oranga Tamariki Act
The WELL-BEING. And BEST INTERESTS of the child or young person are the FIRST and PARAMOUNT consideration
47
What are the three types of behaviour that may indicate a CYP is in need of care and protection?
Identified by sections 14 and 14AA of the OT Act
1. Parents/caregivers who abuse/ill-treat their children or are unable or unwilling to look after them
2. Children or Young Persons who have behave or are behaving in a manner that is harmful to themselves and the parents or caregivers cannot or will not control their behaviour
3. For children aged 10-14, the child has committed an offence or offences of sufficient number, nature or magnitude to cause serious concern for the well-being of the child
48
Section 48, Oranga Tamariki Act 1989
Child or Young Person Found Unaccompanied
- Where a child or young person is FOUND UNACCOMPANIED by a parent/by a guardian/by another person who usually cares for them
- In a situation in which their physical or mental health is being, or is likely to be, impaired
- A constable may use such force as may reasonably be necessary TAKE the child or young person
- With their consent - DELIVER then into custody of the parent/guardian/other person who usually cares for them
- If no consent is given or caregivers are unwilling to take them - PLACE the child or young person in the custody of Oranga Tamariki
Power is available anywhere, in public or private places.
When police use S58, the CYP is detained and MUST be given their Caution/Rights
49
Section 42, Oranga Tamariki Act 1989
- Any constable who believes on reasonable grounds
- That it is Critically Necessary (meaning injury or death may occur if left) to protect a child or young person from injury or death
- May without warrant Enter and Search (by force if necessary)
- Remove or Detain (by force if necessary) the child or young person and
- Place the child or young person in the custody of Oranga Tamariki
Section 42 Obligations
1. Produce identification
2. State you are using S42 of OTA
3. Within three days inform commissioner of the use of this power
Because CYP is detained, must give right
S14 SandS act may also be used as a power of entry
50
Section 10B, Summary Offences Act 1981
- Being a parent or guardian or a person having care of a child under the age of 14 years
- Leaves that child
- Without making reasonable provision for the supervision and care of the child
- For a time that is unreasonable or under conditions that are unreasonable having regard to all the circumstances
51
Age of Criminal Responsibility (minimum age at which someone can be held liable for criminal offending.
Crimes Act 1961 - minimum age is 10 years
Children under 10 are not capable of committing a criminal offence and cannot be held liable
Children under 10 who cause harm can be referred to care and protection system under s14 OTA
52
How can children between 10-14 be convicted of an offence?
Doli Incapax
- as well as elements of offence, prosecution must prove the child knew what they were doing was wrong or contrary to law
53
Under OTA, what can 10-14 year olds be charged with?
10-11 year olds - only murder or manslaughter
12-13 year olds - also certain serious offences and/or persistent offending in the Youth Court
54
What can a Young Person be charged with?
All types of offences, but majority of offending is resolved through informal means such as Alternative Action or diversion, and charges are generally resolved in Youth Court.
55
Section 8, Oranga Tamariki Act 1989
Parents to be Informed
- Whenever you deal with a CYP and you believe their parents or caregivers should be made aware of the interaction, they MUST be informed.
Could be as minor as just speaking with CYP
If you take personal details from CYP, inform parents
56
Section 9, Oranga Tamariki Act 1989
Suitable Language
- People’s rights to receive information in a language they understand.
- interpreter may be needed
- if CYP needs things explained by a parent or caregiver due to intellectual disability or learning disability etc, parent also has right to receive information in a language they understand, perhaps needing an interpreter for themselves
57
What are the 4 primary considerations that guide decisions in the youth justice system?
1. Wellbeing and best interests of the CYP
2. Public interest (including public safety)
3. Interests of any victim
4. Accountability of the child or young person for their behaviour
58
What are the 4 options when dealing with faith a CYP who comes to notice for alleged offending?
1. Do nothing formally but speak with CYP
2. Warn
3. Report to YAS
4. Arrest
59
Section 214, Oranga Tamariki Act 1989
Powers of Arrest Limitation
For CYP suspects, there are significant limitations of police powers of arrest.
Arrest may be unlawful and evidence gathered be admissible of rules not followed.
CYP cannot be arrested Unless is satisfied on reasonable grounds that is it necessary to arrest them based on :
WEEP
W - witness/victim safety
E - ensure CYP’s appearance in court or other resolution
E - Evidence (prevent loss and destruction)
P - Prevent further offending
Exceptions!!
- if arrest is for offences where maximum penalty is
- life imprisonment
- at least 14 years
And arrest is required in public interest
Or arrest is necessary to carry out breath/blood alcohol provisions of the Land Transport Act 1998
60
Giving a CYP their Caution/Rights
In a language and manner that is appropriate to their age and level of understanding.
61
Section 215, Oranga Tamariki Act 1989
When CYP must be informed of their rights (in manner and language appropriate to their level of understanding)
- Before questioning suspect/offender
- When the CYP asks you about their rights
- When you have arrested them
62
Section 221, Oranga Tamariki Act 1989
Admissibility of Statements
- Caution Rights explained and CYP allowed to consult with a lawyer and/or nominated person and statement made in presence of a lawyer or nominated person
63
Section 222, Oranga Tamariki Act 1989
Nominated Person
- who can’t it be?
- under 20, co-offender, enforcement officer, likely to pervert the course of justice, can’t be located, not available in a reasonable time
If CYP refuses to/can’t nominate someone, the officer can nominate for them.
64
Section 10B, Oranga Tamariki Act 1989
Child left unaccompanied
- parent not providing reasonable supervision
65
Missing Person (definition)
A missing person is:
- any person who is reported missing to police AND
- whose whereabouts are unknown AND
- there are fears for the safety, or concerns for the welfare, of that person
66
Fears for safety (definition)
Consider
1. Age (children, elderly)
2. Zones of safety (outside usual surroundings, unable to cope, eg. In bush)
3. Circumstances (unusual, dangerous, suspicious)
67
4 categories of Missing People
1. Voluntary
2. Involuntary (victim, dementia, mental health, disability)
3. Lost due to Event (lost at sea, bush, car accident, SAR involved)
4. Missing overseas (kiwis overseas, foreign nations in nz)
68
Procedure for dealing with missing persons
- Gather info
- Take report (pol62)
- acquire personal info if missing person
- investigate
- risk assessment
69
Role of Coroner
- Judicial officer appointed to Coroner’s Court (have law degree)
- have jurisdiction under Coroners Act 2005 - purpose to help prevent avoidable deaths
- Not medically trained, do not attend scene of death
70
Deaths that must be reported to Coroner
SUPINES
Suspected suicide
Unnatural or violent death
Pregnancy or deaths during childbirth
Institutional deaths
No doctors cert or cause unknown
Enactment requires inquest
Surgical, medical, dental
S
71
Why is Coroner’s Inquiry held?
1. Establish death, identify, cause, where and when, circumstances of death
2. To make recommendation to at draw public attention and reduce chances of occurrence of other similar deaths
3. Determine whether public interests served by death being invested by other investigating authorities
72
When MUST an inquiry be held
- suspected suicide (not assisted dying)
- any death in official custody or care
- any death where coroner not satisfied cause or circumstances of death are clearly established
73
What forms are required for sudden death file?
POL 47 - sudden death
POL 47A - Sudden Unexplained Death in Infancy
POL 47B - Doctor Certified Death
POL 47 MED - Medicafion lost, record medications located at scene (if can’t fit on POL 47)
74
75
Cultural and Ethnic considerations for Sudden Death
Māori - keep body spiritually warm
Cook Islands - reluctantly accept post mortem after dicusssion
Niue - attitudes vary, generally agree when necessary
Samoa and Tonga - post mortem is indignity
Vietnam - white paper over face, body on ground for short time
Greek Orthodox - only in case of suspicious
Judaism - forbids mutilating body, funeral usually within 24 hours, only when homocide etc
Islam - no, unless specific medical study
Hinduism - body washed and dressed after death
Buddhism - coin in mouth or clenched in hand
Perkshd colajhe
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