1 CYPF & FH Flashcards
What can you do if you find a CYP unaccompanied in a situation where their physical or mental health is being or likely to be impaired?
Can arrest Use force With their CONSENT return home or to person usually having care If they dont WANT to go home Or no one wants to take them Place in custody of OT
What is the definition of a YP
Over the age of 14 but under 18
What are the principals of s208 re Youth
Criminal proceedings shld NOT be instigated:
- unless in public interest
- to provide well being assistance
Any measures taken shld strengthen family, foster ability of family to deal with offending by CYP
CYP should be kept in the community so far as practical
CYP age is a mitigating factor
Nature of any sanctions
Any sanctions shld;
- maintain and promote development of child
- take the least restrictive form
- address underlaying cause of offending
Consideration shld be given to victims views and impact on them
The VULNERABILITY of the CYP entitles them to special protection
When can you arrest a CYP - s214
Necessary to arrest to;
- ensure appearance
- prevent further offences
- prevent loss or destruction of evidence
- proceeding by way of summons would not achieve that
You CAN K9 CYP RGTS committed cat 3 or 4 offence which is punishable by 14+ years AND RGTB arrest is in public best interest **dont have to satisfy 214 for this ***
Report to commissioner within 3 days stating reason WHY CYP was arrested
Arrest of CYP for BOB s214A
Arrest without warrant
CYP is on bail
RGTB CYP has breached bail
Breached on two or more prev occasions
s234 Who can you release a CYP to following arrest?
Release
Release on bail
Any parent or guardian
With AGREEMENT of CYP Iwi Social Service or Cultural Service
With AGREEMENT of CYP any other person or organisation approved by OT or a Constable
If you arrest a CYP and you BORG they will fail to appear, commit further offending, necessary to prevent loss or destruction of evidence or they will interfere with witnesses - what MUST you do?
MUST place CYP in custody of CE of OT and MUST do this ASAP and not later than 24hrs after arrest.
When is a CYP deemed to have been delivered in the care of OT
When you have;
- delivered CYP to them
- provided circumstances of arrest
- and date and time of Court appearance
This for YJ ONLY not CARE and PROTECTION
When can you detail a CYP in custody for longer than 24hrs?
When a Snr Sgt or above AND CE of OT are satisfied on reasonable grounds that CYP is likely to;
- abscond or
- be violent
AND
- suitable OT facilities are not available
Police MUST provide report to Commissioner within 5 days outlining circumstances and duration of period LIKELY to be detailed
What are the 5 ways Court can deal with a CYP?
Release Release on bail Deliver home to parents / guardian Detain in OT custody, Iwi Social Service Detain in Police custody
**Cannot hold in custody due to concerns re care and protection **
If a CYP appears in Custody on an offence that falls under s29A VRA, what must the PROSECUTOR do/
Make all reasonable effort to ascertain the view of each victim
Inform the Court of these views
Inform the vicitm/s of the Courts action ie bail, orders made by the Court
Court cannot refuse bail because of C&P concerns
What are some of the offences that fall under s29VRS?
Sexual
Serious Assault
Victim has ongoing fears for thier safety or security
or they fear for the physical safety of one or more members of their immediate family.
In Police v D what was held?
s48, took to cell block, he hit one cop, K9ed…
S48s purpose is care and protection
Requires child welfare and interets to be put first
Police NEED to minimise potential harmful situations (ie cell block)
Does NOT authorise detention at Police station although this can provide an intermediary means of delivering CYP home
What do you do with a s48 who does not want to go home to Mum or Dad?
s48 is for the purpose of return CYP home
Can only TAKE CYP home with their CONSENT
Place CYP in OT custody
What was held in Police v T-M?
s214 arrest guidlines re burglar…
Police invoked s48
Returned to station and questioned YP
Was used to take a YP into custody who was suspected of committing a crime
Did not satisfy 214
s208 criminal proceedings should NOT be iniated unless no other ways of dealing with offending and should take least restrictive form
Unless YP was arrested file should have been forwarded to YA
What was held in Police v T?
shoplifter who stole choc…
He was arrested, charged and held in custody over 24hrs
Initial arrest was justified
Was not bought to Court asap (ie afternoon court)
Held in custody too long
What was held in Police v CG?
s214 robbery of girls…
Arrest held to be not justifiable
Could have been dealt with by way of summons
Did not satisfy loss of evidence, ensure appearance or interfere with witness/complainants.
And NO AUTHORITY to hold CYP in custody for longer than 24hrs without a JOINT CERTIFICATE
If you are Police bailing a YP what should the bail conditions be?
Bail conditions need to be relevant, clear and have a reasonable link to their current charges and criminal and bail histories.
They also need to be discussed AND agreed to by both the YP and their caregiver and BOTH MUST sign the bail bond to confirm acceptance.
They will have to appear in the Youth Court within 7 days.
Can you oppose a Youths Bail?
Yes but you MUST seek IMMEDIATE guidance from YA officer if you want to oppose.
Youth Court can RIC to OT or Police or Youth Unit of Prison
If the offence falls under s29 VRA must get the victims views on bail, convey these to Court and update victim
If you arrest a CYP and BORG that they will not appear in Court or commit further offences, OR it is necessary to prevent destruction of evidence or interfere with witnesses what MUST you do?
Place CYP in care of OT as soon a practical and no later than 24hrs after arrest
If you are placing a CYP in care of OT what MUST you do?
Deliver CYP to OT
Give them CYP ID in WRITING
Circumstances of arrest in WRITING
Date and time of Court in WRITING
You can hold on to a CYP for up to 24hrs without needing a joint certificate…what cant you use this time for?
Making further enquiries
Delay contacting OT solely to keep the CYP in custody for the maximum time
Advise OT ASAP so they can arrange a suitable placement
There is no provision for keeping a CYP in custody for more than 24hrs without a Joint Cert
When is the CYP deemed to have been delivered to OT?
When they have been delivered to OT
Give them CYP ID in WRITING
Circumstances of arrest in WRITING
Date and time of Court in WRITING
If a Joint Certificate is issued, what must you do?
Provide a copy of Certificate to Commissioner withing 5 days, explaining
circumstances in which it was issued
duration in which the CYP was detained or is likely to be detained