1.1 Oranga Tamariki Act 1989

Question 1

Detail s48 (Unaccompanied CYP)

Answer 1

When a child or young person is:
* Found unaccompanied by a parent or guardian or other person who usually has care of the C or YP
* In a situation in which the C or YP’s physical or mental health is being, or is likely to be impaired.
* A constable may, using such force as reasonably necessary, take C or YP away

Question 2

Where can you take C or YP? - s48(1)(a) and (b)

Answer 2

With their consent, deliver to parent, guardian, or person usually caring for C or YP

OR

i) if the C or YP does not consent OR
ii) no parent or guardian is willing or able to have C or YP, place the C or YP into custody of chief executive

Question 3

Subsequent to s48(1)(b), the sufficient authority for the placement of the C or YP in the custody of the chief executive or in a resident under this act remains until…

Answer 3

s48(2)
(a) the C or YP agrees to be returning to Parent/Guardian/Person usually having care of the C or YP who is willing to have the care of C or YP
(b) an application is made to the court for the care and protection of the C or YP is brought before the court to determine whether the C or YP is held in custody pending the disposal of the application
(c) where the circumstances of the case indicate that the C or YP is, or may be in need of care and protection, 5 days after the C or YP was placed in custody, OR in any other care, 3 days after that date, which ever occurs first

Question 4

What does the term YP mean? s48(3)

Answer 4

A person of or over the age of 14 but under the age of 18

Question 5

s208(c) - Principles: What must the court or person exercising powers be guided by (9)

Answer 5

1. Unless in public interest - criminal proceedings should not be initiated if alternative means available.
2. Criminal proceedings should not be initiated solely to provide assistance or any services to help child
3. measures designed to strengthen the family and to foster the ability of families to develop their own means of dealing with offending C or YP
4. keep offending child in community only if public is safe
5. C or YP age mitigating factor in determing whether to impose sanctions and nature of sanction.
6. Any sactions imposed should be to maintain and promote the development of the C or YP within their family and take the least restrictive form
7. Any measures for dealing with the offending address the underlying causes of the offending
8. consideration for the victims views/interest for any measure for dealing with the offending and the impact of the offending on them
9. the C or YP vulnerability entitles them to special protection

Question 6

s214 - Arrest C or YP without warrant:
Police shall NOT arrest C or YP unless satisfied on reasonable grounds that it is necessary to arrest without warrant for the purpose of what 5 things?

Answer 6

1. Ensure appearance to court
2. Prevent further offending
3. Prevent destruction of evidence
4. Prevent interference with witnesses

AND

5. SUMMONS WOULD NOT ACHIEVE THAT PURPOSE

Question 7

s214(2) - Arrest C or YP without warrant:
Regardless of 214(1) a constable can arrest a C or YP on a charge of any offence when what two things apply?

Answer 7

• C or YP committed a Cat 3 or 4 offences with max penalty at least 14 years imprisonment or life
• the constable believes on reasonable grounds that the arrest is in the public interest

Question 8

What is every officer required to furnish who arrests a C or YP without warrant?

Answer 8

s214(3)(a) - a written report within 3 days to the Commissioner of Police

Question 9

What should every report for Commissioner state that is furnished for the arrest of a C or YP?

Answer 9

s214(4) - the reason why the C or YP was arrested without warrant

Question 10

s214A - Arrest C or YP for Breach of Bail conditions:
You may arrest a C or YP without warrant who is on bail if the officer believed on reasonable grounds 2 things. What are they?

Answer 10

1. C or YP has breached a condition of that bail and
2. C or YP has on 2 or more previous occasions breached a condition of THAT bail (whether or not the same condition).

Question 11

Who approves the authority to arrest a C or YP for Breach of Bail?

Answer 11

Youth Aid Sgt in first instance. If none available, supervising Sgt or qualified Youth Aid officer

Question 12

When C or YP arrested with or without warrant, what 3 things can an officer do with the C or YP?

Answer 12

1. RELEASE C or YP
2. If can BAIL under s21 Bail Act, release C or YP on bail
3. DELIVER to:
   - parent, guardian, other person have the care of the C or YP
   - with agreement of the C or YP, to any Iwi or cultural social services,
   - with agreement of the C or YP, any other approved person

Question 13

C or YP who is arrested must be placed in the custody of chief executive WHEN? (time)

Answer 13

s235(1)(a) - ASAP no later than 24 hours after arrest

Question 14

What grounds would be needed to place CYP in care of Chief Executive? (5)

Answer 14

s235(1A)
* not likely to appear at court
* may commit further offences
* to prevent loss of evidence
* to prevent interference with witnesses
* if arrested for BoB under s214A and likely to continue breaching

Question 15

If a C or YP has been arrested and is to be delivered to the care of a social worker, what information must be given to the social worker? (3)

Answer 15

• ID of C or YP
• circumstances of arrest
• date and time of the court appearance

Question 16

What are the grounds for YP who is arrested to be detained for longer than 24 hours in Police custody?

Answer 16

s236(1)

If a Snr Sgt or Inspector and Chief executive are satisfied on reasonable grounds that the YP will:
* likely abscond or be violent

and

Safe facilities not available,

then Snr Sgt or Inspector and Chief executive issue a joint certificate authorising detention in Police custody for a period exceeding 24 hours and until appearance before Court

Question 17

In respect of a joint certificate issued under s236, what must be provided to the Commissioner of Police?

Answer 17

s236(2)

A copy of the certificate and a written report detailing the circumstances in which the certificate came to be issued and the duration of the detainment or likely detainment of the YP must be provided to Commissioner within 5 days after day the cert issued.

Question 18

Who does s236 relate to and the age group involved?

Answer 18

Joint certificate allowing detention of YP in police custody over 24 hours if likely to abscond or be violent and no suitable facility available at OT.

A YP 14-18 yo

Question 19

Police v D detention under s48. What was determined?

Answer 19

Drunk youth removed from private property by Police s48. Gave G’mothers address to an officer (not transporting officers). Youth assaults officer at station. s48 doesn’t permit taking CYP to station (although may be intermediary means) of delivering to social worker.

Question 20

Police v T detention in Police custody

Answer 20

Shoplifter ran from police. Apprehended. Brought to court over 24 hours later. Found initial arrest justified as trying to escape. But should have been dealt with on same day. Overnight in cells was a breach. CYPs should not be held in custody unnecessarily.

Question 21

Police v CG s214 & s236

Answer 21

Girls arrested for Agg Rob. Didn’t have grounds to believe further offending, loss of evidence or interfering with witnesses (s214). One was seperated (in cells) from her 4 mth baby (breast feeding). Detention over 24 hrs requiring a joint certificate (s236) which wasn’t obtained. Should have been summonsed. Case dismissed.

Question 22

Releasing the C or YP on bail: when will they have to appear at an initial court hearing?

Answer 22

Within 7 days. May need special sitting in smaller centres. (note: a YP cannot be released on a summons (s245).

Question 23

A. What must a C or YP bail condition have when considering suitable bail conditions?

B. When released on bail, who needs to agree to the bail conditions and (1).

C. How to confirm their acceptance (2)

Answer 23

A. They must be clear and reasonable link to the C or YP current charges.

B. Needs to be agreed to by person into whose custody CYP being released.

C. The person into whos custody and CYP need to sign the bail bond.

Question 24

What must you do if you wish to oppose bail of a C or YP aged 12-17?

Answer 24

Seek immediate guidance from Youth Aid officer

Question 25

s234 - Custody of C or YP following arrest: Police are unable to deliver C or YP into the custody of parent or guardian, who else is legally able to take C or YP? (2)

Answer 25

with agreement of child, any: Iwi social service or cultural social service

or

Any person or organisation approved by the Chief Executive

Question 26

What does the 24hrs after arrest to place the CYP into OT custody not allow (2)

Answer 26

1. Solely for purpose of making further enquiries
2. delay contacting OT in order to keep in Police custody for the max time period.

Question 27

Police v T-M arrest guidelines s214 & s48

Answer 27

Known youth offender wandering Whangarei at night. Taken to station under s48 and interviewed about burgs. Arrested 3 weeks later at home after 2nd statement. Found s48 not for taking into custody under suspicion of commiting crimes. Later arrest not permissible (s214) unless ensuring appearance at court, preventing offences or tampering with witnesses/evidence or in public interest. s208 criminal proceedings are not to be initiated unless no other means (proceedings must take least restrictive form)

Question 28

Can a child be detained in police custody for longer than 24hrs?

Answer 28

No