1. CYP and their Families Flashcards
What is the definition of a young person?
A person of or over 14 years but under the age of 18 years
When will a s39 (place of safety warrant) be issued?
If the Judge is satisified RGTS that a CYP or suffering, or likely to suffer, ill-treatment, neglect, deprivation, abuse, or harm
What does a s39 (place of safety warrant) authorise a person to do?
- enter and search by force
- if RGTB that CYP is suffering, or likely to suffer, ill-treatment, serious neglect, serious deprivation, abuse, or serious harm then:
- -remove or detain by force the CYP and place into custody of OT
- -keept that CYP in hospital
When can a s42 (search without warrant) be used and what powers does it provide?
If RGTB critically necessary to protect a CYP from injury or death then may:
- enter and search by force
- remove or detain by force and place CYP in custody of OT
What is required if use s42 (search without warrant) powers?
- produce evidence of ID
- disclose powers being exercised
- report to Commissioner of Police withing 3 days
When can s48 (unaccompanied CYP) power be used?
CYP found unaccompanied in a situation where their physical or mental health is being, or is likely to be, impaired.
What options are available under s48 (unaccompanied CYP)?
- with consent of CYP deliver to custody of parent, guardian or other person
- if CYP does not wish to be returned home, or no parent or guardian, or other such person, willing to take custody of CYP, then place in custody of OT
When can a CYP be arrested under s214?
RGTS necessary to:
- ensure CYP appearance at Court
- prevent CYP committing further offences
- preventing loss or destruction of evidence
- where summons would not achieve that purpose
- committed a category 4 or 3 offence
- in the public interest
What is required if arrest a CYP?
report to Commissioner of Police within 3 days
When can a CYP be arrested for breach of bail (s214A)?
RGTB that:
- CYP breached a condition of bail
- CYP has breached bail on 2 or more previous occassions
What authority must be provided to arrest a CYP for breach of bail (s214A)?
must be obtained from a Youth Aid Sergeant, a supervising Sergeant, or a qualified Youth Aid Officer
What rights need to be advised to a CYP?
- CYP may be arrested if they refused to give name and address details
- not obliged to accompany Police to any place for the purpose of questioning and, if the CYP consents to do so, they may withdraw consent at any time.
- CYP rights
What is the time between when CYP rights need to be given?
CYP rights not required to be given if the same CYP rights has already been given not earlier than 1 hour before the later explanation would.
Who may be considered as a nominated person?
- parent or guardian
- adult member of the family
- any other adult selected by the CYP
- any adult (not being Police) nominated for this purpose by Police
When can Police refuse a nominated person?
RGTB that nominated person would:
- attempt, or likely to attempt, to pervert course of justice
- cannot with reasonable diligence be located or will not be available within reasonable time period
What must be done with the custody of a CYP after arrest?
- release the CYP
- release CYP on bail
- deliver the CYP into custody of parent or guardian
- with agreement of CYP any other person or organisation approved by OT
When can a YP who has been arrested be detained in Police custody?
Where OT and Senior Sergeant satisfied RG:
- YP likely to abscond or be violent
- suitable facilities for safe custody not available with OT
May be detained in Police custody for max 24 hours until appearance in Court
