1. Oranga Tamariki

Question 1

What is needed for a ‘Place of Safety Warrant’?

Answer 1

RGS CYP is or is likely to suffer:
-ill treatment
-neglect
-deprivation
-abuse or harm

Question 2

Who can issue and carry out place of safety warrants?

Answer 2

Issue: District Court Judge or Issuing Officer

Carry out: Social worker or person authorised under deligation

Question 3

What are your powers when executing a ‘Place of Safety Warrant’?

Answer 3

-Enter and Search (by force if necessary)
-Remove and detain
-Place in custody of chief executive
-Direct medical superintendent to keep child/YP there

Question 4

What is needed for Section 42 - Search without warrant?

Answer 4

RGB critically necessary to protect a CYP from injury or death.

Question 5

What must Constable do when exercising powers under Section 42?

Answer 5

-Produce ID
-Disclose that powers are being exercised under this Section.

-Submit written report to Commissioner within 3 days.

Question 6

When can you exercise powers under Section 48?

Answer 6

• CYP is unaccompanied by parent or guardian
• In a situation where the child’s physical or mental health is or is likely to be impaired.

Question 7

If placed in OT care under Section 48 how long can that detention last?

Answer 7

• Until CYP agrees to be returned to parent or guardian.
• An application is made for a Care and Protection Order and child is brought before court.
• Where circs indicate care and protection is needed? 5 days or any other case 3 days

Question 8

4 Primary Considerations for Youth Justice

Answer 8

1) The well being and best interest of CYP
2) Public Interest (includes public safety)
3) Interests of victims
4) Accountability of CYP

Question 9

Reasons to arrest a CYP under Section 214?

Answer 9

• Ensure appearance in court
• Prevent further offending
• Prevent loss or destruction of evidence
• Prevent interference with witness

Question 10

What is the exemption for arresting CYP?

Answer 10

RGS committed a category 4 offence or category 3 when penalty is 14 years or more

RGB that arrest is in public interest

Question 11

When can a Constable arrest under Section 214A? and who can authorise this arrest?

Answer 11

CYP is on bail conditions.

RGB they are breaching.

They have breached THAT bail on 2 or more occasions.

Authorised by: YA Sgt, YA officer or substantive Sgt.

Question 12

Explain Section 215?

Answer 12

CYP to be informed of rights before questioning.

RGS of offence.

Subject to EBA procedures

Question 13

Explain Section 215A?

Answer 13

Rights to be explained to CYP upon request

Question 14

Explain Section 216?

Answer 14

If questioned and Officer decides to charge with offence must explain rights to CYP

Question 15

Explain Section 217?

Answer 15

Upon arresting any CYP pursuant to 214, must explain their rights as listed in Section 215

Question 16

Explain Section 218?

Answer 16

Rights to be given to CYP in a manner and language appropriate to age and level understanding

Question 17

Explain Section 219.

Answer 17

Nothing in Section 215,215A, 216 or 217 applies if CYP has been given rights less than 1 hour before.

Question 18

Explain Section 221.

Answer 18

Admissibility of statement made by CYP

Question 19

When is a statement admissible?

Answer 19

• When they are promptly provided with their rights.
• They have had the opportunity to consult with lawyer and/or nominated person.
• The statement is made in presence of lawyer and/or nominated person

Question 20

When can an enforcement officer not allow a CYP to consult with their nominated person?

Answer 20

• RGB the person will pervert the course of justice.
• The NP cannot be located within a reasonable time.

Question 21

What are the nominated persons duties?

Answer 21

• To take reasonable steps to ensure the CYP understands their rights
• To provide support before and during questioning or when providing a statement

Question 22

Explain Section 223.

Answer 22

Nothing in section 221 applies to a statement made by CYP spontaneously before officer has had reasonable opportunity to comply with rights requirements.

Question 23

What must you inform parents of under Section 229?

Answer 23

• That the CYP is at the Police Station for questioning
• That they are entitled to visit the CYP
• That the CYPs rights will be explained to them
• That they are entitled to consult with the CYP

Question 24

When can a parent or guardian not consult privately with CYP?

Answer 24

When the CYP is being guarded or the officers presence is needed to ensure care and protection of the CYP

Question 25

Explain Section 233.

Answer 25

Breath and blood alcohol procedures.

Nothing in Section 214-232 limits or effects the powers of an officer in breath or blood alcohol procedures

Question 26

Section 234. What must a Constable do with custody of CYP following arrest?

Answer 26

• Release CYP
• If bail is an option, release on bail
• Deliver to parent or guardian, iwi social service (with consent) or other person/organisation (with consent)

Question 27

Section 235. When can a CYP be placed in OT care following arrest?

Answer 27

• WEEP still applies
• CYP has been arrested under S214 and is likely to breach bail

*This must be done ASAP or within 24 hours of arrest

Question 28

What circumstances must there be to keep a CYP detained in Police custody longer than 24 hours?

Answer 28

• RGB CYP is likely to abscond or be violent AND
• Suitable facilities for detention in safe custody are not available

Question 29

Who can authorise keeping a CYP in custody for longer than 24 hours?

Answer 29

Senior Sergeant and Chief Executive

Question 30

Explain caselaw Kahu V Police Section 39:

Answer 30

FACTS:
Social welfare officer and Police entered under S39 to check children and food.

Large amount of cannabis found.

OUTCOME:
Not an unreasonable search under S21 BORA. Authorised to search for and remove children, requires steps to check living conditions

Question 31

Explain caselaw Pettus V Police S42 Warrantless Search:

Answer 31

FACTS:
Police suspected Pettus of meth manufacture and searched.

Pettus’s children detained, blood, urine and hair samples taken

OUTCOME:
S42 powers not available. Not critically necessary to protect form injury or death.

S42 is an emergency provision

Question 32

Explain caselaw D V Police S48

Answer 32

FACTS:
CYP removed from private property where he was unlawfully present in possession of alcohol and drunk. Taken to Police Station.

OUTCOME:
Police acted reasonably in taking D to Police Station as intermediate step.

But took him through secure entrance which means he was detained past lawful authority which under S48 is to only deliver to parent

Question 33

Explain caselaw TM V Police S48:

Answer 33

FACTS:
Number of burgs in Whangarei.
Police located TM (known youth offender) in early hours of morning

Police invoked S48, took to station and interviewed about burgs

OUTCOME:
S48 not appropriate. If you want to question you need to arrest under 214.

Question 34

Explain caselaw T V Police S214:

Answer 34

FACTS:
T stole items from dairy, ran, chased and arrested.
T was subject of a supervision order relating to 17 charges.
T remained in custody until brought before court 24 hours later.

OUTCOME:
Continuation of arrest was in breach of 214.
Failure to bring T to court on same day was breach of rights under BORA.

Question 35

Explain caselaw Elia V Police: S215 and S223 (spontaneous admission):

Answer 35

FACTS:
Elia was spoken to about robbery, in presence of mother. Partial admission given. Police overheard mother say he should not have said that. No rights given again after new nominated person brought in.

OUTCOME:
First part of statement admissible. Second part inadmissible as rights must be given again under S215 if new nominated person brought in.

Question 36

Explain caselaw K V Police: S222:

Answer 36

FACTS:
K was suspect in a murder. Spoken to in front of father. Father and K stated he was home. Both taken to Station.
Father potential alibi, not suitable for nominated person.
Father suggested adult sister, Police brought in independent NP.
K made full admission.

OUTCOME:
Statement admissible as 215 and 222 given.

However, not within Police rights to make judgement on NP. Only supply if CYP refuses or fails to provide one.

Question 37

Explain caselaw S V Police S223 (Spontaneous admission):

Answer 37

FACTS:
S was speaking to officer in relation to car conversion and burgs. Officer gave rights and stated he did not intent to charge.
S admitted to aggravated burglary as well when pointing out locations of other offences.

OUTCOME:
Offer of immunity influenced S’s decision to talk, therefore admission was not spontaneous.

Subsequent interview also inadmissible.