1. Oranga Tamariki Flashcards
Must Know - Care and protection age change, What is a young person?
Young person was re-defined as a person of or over the age of 14 years but under the age of 18 years.17 year olds are included in the definition of ‘young person’ for the care and protection provisions.
Must Know - Any constable that exercises the power conferred by subsection one of Section 42 of the children’s and young person Act must do three things - Search without warrant
Produce evidence of identity,
Disclose the powers being exercised
inform the commissioner withing 3 days
Must Know - what defines a child
Under the age of 14
What is the change in delegation
A broader range of professionals are now allowed to perform a wider set of tasks to help identify and meet the needs of vulnerable children and young people. , for example, where ‘social worker’ is replaced with ‘chief executive’ or with ‘delegate
Section 39 – Place of safety warrants. Who may issue these?
(1) Any District Court Judge or, if no District Court Judge is available, any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on application in writing verified in accordance with section 99 of that Act, is satisfied that there are reasonable grounds for suspecting that a child or young person is suffering, or is likely to suffer, ill-treatment, neglect, deprivation, abuse, or harm may issue a warrant authorising [any constable either by name or generally, or the chief executive] to search for the child or young person.
Section 39 – Place of safety warrants. What does the warrant allow you t do?
to search for any child or young person may –
(a) Enter and search, by force if necessary, any dwelling house, building, aircraft, ship, carriage, vehicle, premises or place:
(b) If that person believes, on reasonable grounds, that the child or young person has suffered, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm, –
(i) Remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive; or
(ii) Where the child or young person is in a hospital, direct the Medical Superintendent of that hospital to keep that child or young person in that hospital.
(4) Where any direction is issued pursuant to subsection (3)(b)(ii) of this section in respect of any child or young person, that child or young person shall be deemed to have been placed in the custody of the [chief executive] pursuant to this section.
Must Know - Section 42 – Search without warrant - What must it believe on reasonable grounds before using this power?
believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant,
Must Know - Section 42 – Search without warrant What can I search?
(a) Enter and search, by force if necessary, any dwelling house, building, aircraft, ship, carriage, vehicle, premises or place:
Must Know - Section 42 – Search without warrant. may I use force to detain or remove the child or young person?
Yes, (b) Remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive.
Must Know - Section 42 – Search without warrant. What three things MUST I do when using this power?
(2) Every constable who exercises any powers conferred by subsection (1) of this section shall, on first entering any dwelling house, building, aircraft, ship, carriage, vehicle, premises or place, and if requested, at any subsequent time, –
(a) Produce evidence of identity; and
(b) Disclose that those powers are being exercised under this section.
(3) A constable who exercises the power conferred by subsection (1) of this section shall, within 3 days after the day on which the power is exercised, forward to the Commissioner of Police a written report on the exercise of the power and the circumstances in which it came to be exercised.
Section 42 - Does the new car and protection age apply to section 42?
Yes
Section 48 – Unaccompanied children and young persons. Can I take a child that is with a parent or guardian?
NO, a child or young person is found unaccompanied by a parent or guardian or other person who usually has the care of the child or young person.
Section 48 – Unaccompanied children and young persons. What situation must exist?
in a situation in which the child’s or young person’s physical or mental health is being, or is likely to be, impaired,
Section 48 – Unaccompanied children and young persons. Can I use force, if so, how much?
a constable may, using such force as may reasonably be necessary, take the child or young person
Section 48 – Unaccompanied children and young persons. Where can I take the child or young person?
(a) With the consent of the child or young person, deliver the child or young person into the custody of a parent or guardian or other person usually having the care of the child or young person
Section 48 – Unaccompanied children and young persons. What if they don’t consent to going to a parent or guardian or other person usually having the care of the child or young person or the parent or guardian is unwilling to take them?
place the child or young person in the custody of the chief executive by delivering the child or young person to [the chief executive acting through [[the chief executive’s]] delegate)].
Must Know - What age does a young person mean in this section?
this section the term young person means a person of or over the age of 14 years but under the age of [18 years].
Section 208 – Principles. Outline these
Act shall be guided by the following principles:
(a) The principle that, unless the public interest requires otherwise, criminal proceedings should not be instituted against a child or young person if there is an alternative means of dealing with the matter:
(b) The principle that criminal proceedings should not be instituted against a child or young person solely in order to provide any assistance or services needed to advance the welfare of the child or young person, or [their] family, whanau, or family group:
(c) The principle that any measures for dealing with offending by children or young persons should be designed—
(i) To strengthen the family, whanau, hapu, iwi, and family group of the child or young person concerned; and
(ii) To foster the ability of families, whanau, hapu, iwi, and family groups to develop their own means of dealing with offending by their children and young persons:
(d) The principle that a child or young person who commits an offence should be kept in
the community so far as that is practicable and consonant with the need to ensure the safety of the public:
(e) The principle that a child’s or young person’s age is a mitigating factor in determining—
(i) Whether or not to impose sanctions in respect of offending by a child or young person; and
(ii) The nature of any such sanctions:
(f) The principle that any sanctions imposed on a child or young person who commits an offence should—
(i) Take the form most likely to maintain and promote the development of the child or young person within [their] family, whanau, hapu, and family group; and
(ii) Take the least restrictive form that is appropriate in the circumstances:
(fa) The principle that any measures for dealing with offending by a child or young person should so far as it is practicable to do so address the causes underlying the child’s or young person’s offending:
(g) The principle that —
(i) in the determination of measures for dealing with offending by children or young persons, consideration should be given to the interests and views of any victims of the offending (for example, by encouraging the victims to participate in the processes under this Part for dealing with offending); and
(ii) any measures should have proper regard for the interests of any victims of the offending and the impact of the offending on them:
(h) The principle that the vulnerability of children and young persons entitles a child or
young person to special protection during any investigation relating to the commission or possible commission of an offence by that child or young person.
Section 214 – Arrest of child or young person without warrant. before I arrest a child or young person what are the three things s I must consider?
(a) That it is necessary to arrest that child or young person without warrant for the purpose of –
(i) Ensuring the appearance of the child or young person before the Court; or
(ii) Preventing that child or young person from committing further offences; or
(iii) Preventing the loss or destruction of evidence relating to an offence committed by the child or young person or an offence that the enforcement officer has reasonable cause to suspect that child or young
person of having committed, or preventing interference with any
witness in respect of any such offence; and
(b) Where the child or young person may be proceeded against by way of summons, that proceeding by way of summons would not achieve that purpose.
Section 214 – Arrest of child or young person without warrant. sub section 2 outlined two occasions where arrest would more likely be accepted.. What are they
(a) The constable has reasonable cause to suspect that the child or young person has committed 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, and
(b) The constable believes, on reasonable grounds, that the arrest of the child or young person is required in the public interest.