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問題一覧
1
What is the maximum time a family harm episode has occurred for a VVS to be taken
2 weeks
2
Does a bound person of a PSO have to vacate any land or building if they have a legal or equitable interest in it
Yes
3
If the court is satisfied that the bound person has refused or failed to comply with the PSO the court may
All of the above
4
What is the meaning of family violence (FV Act 2018)
Physical, sexual and physiological abuse
5
What is the primary consideration when considering Police bail for a defendant charged with a family violence offence
The need to protect the victim, their family and all protected persons
6
If there is a parenting order in place and you issue a PSO does the PSO trump the parenting order
Yes
7
What is the youngest age of a person posing risk, that you are able to serve a Police Safety Order on?
16 years and over
8
What are the special circumstances to issuing a PSO against a 16 & 17 year old?
Reasonable grounds to believe the issue of the PSO is necessary to keep the person at risk safe and The total level of concern in on duty is high and Approval from a Senior Sgt or above has been obtained and There has been consultation with OT by the approving officer
9
Section 28 of the Family Violence Act 2018 relates to Police Safety Orders. What does the section cover
Powe to issue the order
10
What was held in the decision of Police v Elliot (1996)
Police had not allowed a reasonable amount of the time for the respondent to leave
11
Protection orders A child of the applicant turns 18 years and is living with the applicant. Are they covered as a protected person?
Yes
12
Can you arrest a person for a family violence related offence then decide to and issue a PSO
Yes
13
If Bob has been issued a 5 day Police Safety Order and he is required to attend a family group conference during the period and the person at risk will also be attending
He can attend and will not be in breach
14
PRINCIPLES THAT GUIDE OUR PRACTICE- Collecting risk information (Fill in the gaps) Collecting specific risk information to enable effective ________, ________ and ________ to victims
Assessment, planning and risk management
15
If you exercise your power to seize firearms, how many days do you have to report to the Commissioner by submitting a Firearms Search and Seizure form
within 3 days
16
What does Section 106A of the Evidence Act allow us to do
Allows an adult family violence complaint to give evidence in chief by a video recording
17
John has recently seperated from Elizabeth and is not taking it well. There has been a protection order in place for the last 15 years. He wrote abusive things on Facebook about Elizabeth. He knew that Elizabeth was no his friend on FB but some of her family were. Is this a breach of the order?
Yes ... another FB friend may see it and tell Elizabeth
18
What case law relates to the last question?
Senior v Police (2013)
19
Under what circumstances would you issue a PSO for five days or more ?
The likelihood of further harm is evident and follow up support for is required
20
On issuing John with a PSO you see in NIA he is the holder of a firearms licence. What are you required to do?
Demand surrender of the licence and all firearms and consider invoking revocation of the licence
21
If a Bound child of a PSO breaches the order which court do they appear in?
District Court
22
Does a Non violence order issued under the Domestic Protection Act (1982) and a Protection order issued under DV Act 1995 have the same effect as a Protection order issued under the FV Act 2018?
Yes
23
Who can issue a s.39 place of safety warrant?
A District Court Judge, or if no District Court Judge is available, any issuing officer
24
Who can make application for a Place of safety warrant?
A constable or the chief executive
25
When executing a place of safety warrant, to search for a child or young person, the person executing the warrant my enter and search if that person _______________________ that the child or young person has suffered, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm, -
believes on reasonable grounds
26
When contemplating a search without warrant under s.42 what two factors must a constable believe it is critically necessary to protect a child or young person from?
Injury or death
27
Under s.42 where may you enter and search without warrant, if you believe it is critically necessary to protect a child or young person from injury?Under s.42 where may you enter and search without warrant, if you believe it is critically necessary to protect a child or young person from injury?
Any dwelling house, building, aircraft, ship, carriage, vehicle, premises or place
28
What are the obligations, on entry, or if requested, for a constable exercising a search without warrant described in s.42(2)
Produce evidence of identity and disclosure that those powers are being exercised under this section
29
What are the maximum timeframe obligations, for a constable reporting a search without warrant power as described in s.42(3)
Within 3 days after the day on which the power is exercised
30
Which of the below is correct in respect of s.48?
The child or young person is found unaccompanied and in a situation where their physical or mental health is being, or likely to be, impaired
31
Pursuant to s.48 you can deliver the child or young person into the custody of an extended family member if you have the consent of the child or young person?
False
32
Which of the below situations would require a young person, detained by way of s.48, to be placed into the custody of the chief executive?
The CYP doesn't want to be returned to the parent/ guardian or other person who has care of them; or that person is unwilling or unable to have custody of the CYP
33
Which of the following is not one of the Youth Justice Principles in s.208?
The seriousness of the offence is a measure in determining the pathways available for dealing with offending by a child or young person
34
Which of the below is not grounds to arrest a child or young person as detailed in s.214(1)?
Where a constable believes on reasonable grounds, that the offence is punishable by a term of imprisonment and the arrest is required in the public interest
35
Pursuant to s.214(2) you can satisfy all of the grounds for the arrest of a child or young person as long as it is for a category 4 offence or category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years?
False
36
Having arrested a child or young person, what is maximum time frame for furnishing a written report stating why the child or young person was arrested?
3 days
37
Where a constable wishes to arrest a child or young person without warrant in breach of bail condition, what are the correct required elements listed below?
All of the above
38
In order of priority who should you obtain authority from to arrest a child or young person pursuant to s214A in respect of breach of bail?
Youth Aid Sergeant, Supervising Sergeant or above, Qualified Youth Aid Officer
39
With regard to s.215, Child or young person to be informed of rights before questioning; who can the young person consult with, and make or give any statement in the presence of?
A barrister or solicitor and any person nominated by the child or young person in accordance with section 222 of the Act
40
Which of the below statements is true in regard to explaining rights to a child or young person? Every explanation required to be given to a child or young person shall....
be given in a manner and in a language that is appropriate to the age and level of understanding of the child or young person
41
Pursuant to s. 222(2) what are the correct grounds below that an officer may refuse to allow a child or young person to consult with a person they have nominated?
If allowed to consult, that person would attempt, or would be likely to attempt, to pervert the course of justice; or cannot with reasonable diligence be located, or wrill not be available within a reasonable period of time
42
A statement made by a child or young person before an enforcement officer has had a reasonable opportunity to comply with requirements of the legislation, and is admissible, is known as what type of statement?
Spontaneous
43
Pursuant to s.229 who shall an enforcement officer notify if a child or young person is under arrest, or at an enforcement agency for questioning?
Person nominated by the child or young person and their parent or guardian or other persons having care of the child or young person if not the same person
44
Which of the below, best describes the duty of a nominated person?
To ensure the child or young person's understanding of their rights, and to support the young person before, and during, any questioning, and if they give a statement, during the making of that statement
45
Whish of the following are options for the custody of a child or young person following arrest as described in s.234?
All of the above
46
With regard to s.235, what is the maximum timeframe a child or young person may be held in Police custody pending placement with Oranga Tamariki?
24 hours
47
With respect of s.235 placing a child or young person in the custody of the chief executive, what is not one of Police's obligations in respect of this section?
Presenting, on the prescribed form, the details of the arresting officer and the assigned Youth Justice Social Worker
48
Who signs a joint certificate on behalf of Police, for the detention of a child or young person in Police custody, pursuant to s.236?
A constable who is a Senior Sergeant, or, who is of or above, the level of position of an Inspector
49
To satisfy the issuing of a s.236 Joint Certificate, what must the issuers be satisfied on reasonable grounds of?
All of the above
50
In respect of a s.236 certificate, as well as providing the Commissioner with a copy of the certificate, what timeframe do you have for furnishing a written report stating the circumstances of the certificates issuing, and the duration, or likely duration of, detention?
5 days