❓ Hon Giz Watson questions the Police Minister regarding the application of section 557K(4) of the Criminal Code, concerning warnings issued to convicted child sex offenders about consorting. The Minister's response clarifies police procedures, considerations, and review mechanisms.
AnsweredQoN 1254Legislative Council
QuestionView source ↗
I refer to section 557K(4) of the
Criminal Code
, and ask -
(1) What factors do police officers consider when deciding whether to issue a warning pursuant to section 557K(4) of the
Criminal Code
?
(2) If the person has a spent conviction for the offence, how is this factor taken into account?
(3) If the person is nearing a time when he or she can apply for a spent conviction for the offence, how is that factor taken into account?
(4) Is the information contained in (1), (2) and (3) available in writing for the guidance of police officers?
(5) If yes to (4), will the Minister please table it?
(6) If no to (4), why not?
(7) How is a warning pursuant to section 557K(4) of the
Criminal Code
given to a person?
(8) Is a person who is warned pursuant to section 557K(4) of the
Criminal Code
provided with any documentation regarding the warning?
(9) If yes to (8), what documentation is provided to the person?
(10) If no to (8), why not?
(11) What mechanism is available for review of a decision pursuant to section 557K(4) of the
Criminal Code
,-
(a) to issue a warning; and
(b) to not issue a warning?
Criminal Code
, and ask -
(1) What factors do police officers consider when deciding whether to issue a warning pursuant to section 557K(4) of the
Criminal Code
?
(2) If the person has a spent conviction for the offence, how is this factor taken into account?
(3) If the person is nearing a time when he or she can apply for a spent conviction for the offence, how is that factor taken into account?
(4) Is the information contained in (1), (2) and (3) available in writing for the guidance of police officers?
(5) If yes to (4), will the Minister please table it?
(6) If no to (4), why not?
(7) How is a warning pursuant to section 557K(4) of the
Criminal Code
given to a person?
(8) Is a person who is warned pursuant to section 557K(4) of the
Criminal Code
provided with any documentation regarding the warning?
(9) If yes to (8), what documentation is provided to the person?
(10) If no to (8), why not?
(11) What mechanism is available for review of a decision pursuant to section 557K(4) of the
Criminal Code
,-
(a) to issue a warning; and
(b) to not issue a warning?
AnswerView source ↗
Answered
11 November 2009
Responded by
Minister for Energy representing the Minister for Police
Response time
29 days
(1) Section 557K(4) makes it an offence for convicted child sex offenders to habitually consort with each other. For the offence provision to apply, the convicted child sex offenders must have been warned by Police not to consort and that by doing so they will be committing an offence. The application of this section generally occurs when Police become aware of convicted child sex offenders consorting either as a result of an investigation or through other intelligence sources. Factors taken into consideration may include the prevalence of at-risk children in an area and the community's capacity to safeguard its children.
(2) It makes no difference if a conviction has been spent or not for the purpose of this section as the offender remains a convicted child sex offender in any case. The spent conviction still appears on the official criminal record.
(3) See response to question (2).
(4) No, generally matters relating to consorting of convicted child sex offenders are dealt with by the Sex Crime Division within WA Police. The Sex Crime Division includes the Sex Offender Management Squad and the Child Abuse Squad who are experienced in these areas and provide advice on legislative nuances as required.
(5) Not applicable.
(6) See response to question (4).
(7) In instances where Police discover that convicted child sex offenders are consorting, Notices are prepared warning each of them that habitually consorting with the other person is an offence. Police then meet separately with each convicted sex offender and explain the Notice which outlines details of the other convicted child sex offender and the consequences of continuing consorting. The offender is invited to sign the Notice to acknowledge it has been explained and it is then signed and witnessed by the officers explaining the Notice. As misuse of the Notice which identifies the other person as a child sex offender could constitute an offence, the consorting Notice itself is retained by Police and not left with the convicted child sex offender.
(8) See response to question (7).
(9) See response to question (7).
(10) See response to question (7).
(11a - b) The actions taken by police officers are reviewed by supervisors as a matter of course. This helps ensure that any action taken under 557K(4) is appropriate and reasonable. It should also be noted that the Criminal Code provides defences to this section where the offenders are related, married or in a defacto relationship. There is no legislative provision to "un-warn" a convicted child sex offender that they may not consort with another convicted child sex offender.
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(2) It makes no difference if a conviction has been spent or not for the purpose of this section as the offender remains a convicted child sex offender in any case. The spent conviction still appears on the official criminal record.
(3) See response to question (2).
(4) No, generally matters relating to consorting of convicted child sex offenders are dealt with by the Sex Crime Division within WA Police. The Sex Crime Division includes the Sex Offender Management Squad and the Child Abuse Squad who are experienced in these areas and provide advice on legislative nuances as required.
(5) Not applicable.
(6) See response to question (4).
(7) In instances where Police discover that convicted child sex offenders are consorting, Notices are prepared warning each of them that habitually consorting with the other person is an offence. Police then meet separately with each convicted sex offender and explain the Notice which outlines details of the other convicted child sex offender and the consequences of continuing consorting. The offender is invited to sign the Notice to acknowledge it has been explained and it is then signed and witnessed by the officers explaining the Notice. As misuse of the Notice which identifies the other person as a child sex offender could constitute an offence, the consorting Notice itself is retained by Police and not left with the convicted child sex offender.
(8) See response to question (7).
(9) See response to question (7).
(10) See response to question (7).
(11a - b) The actions taken by police officers are reviewed by supervisors as a matter of course. This helps ensure that any action taken under 557K(4) is appropriate and reasonable. It should also be noted that the Criminal Code provides defences to this section where the offenders are related, married or in a defacto relationship. There is no legislative provision to "un-warn" a convicted child sex offender that they may not consort with another convicted child sex offender.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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