1.1 Oranga Tamariki Act 1989 Flashcards
What is the care and protection age?
Of or over the age of 14 years but under the age of 18 years
Section 39 (1) - What is a place of safety warrant?
Any district court judge (or issuing officer) who is satisfied on reasonable grounds 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 to search for the child or young person.
(39 just in time)
Section 39 (3) - Allows police to
Enter and search, by force if necessary, any dwelling house, building, aircraft, ship, carriage, vehicle, premise or place
If that person believes on reasonable grounds that the child is suffering, or is likely to suffer ill-treatment, neglect, deprivation, abuse or serious harm
Remove or detain by force if necessary, the child or young person and place them in the custody of the chief executive or
Where the child is in hospital, direct the Medical Superintendent of that hospital to keep that child or young person in that hospital.
Section 42 - Search Without Warrant
Any constable who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant:
Enter and search, by force if necessary, any dwelling house, building, aircraft, ship, carriage, vehicle, premise or place
Remove or detain by force if necessary, the child or young person and place them in the custody of the chief executive
Section 42 - Requirements of Police
Every constable shall on first entering the place,
a) produce evidence of identity and
b) disclose the power being used
within 3 days furnish a report to the commissioner of Police
Section 48 - Unaccompanied Child or Young Person
Where a child or young person is found unaccompanied by a parent or guardian in a situation which the child or young persons physical or mental health is being, or is likely to be impaired, a constable may, using such force as may be reasonably necessary, take the child or young person
a) with their consent, to a parent or guardian or other person usually having the care of the CYP
b) if the CYP doesn’t want to be returned to the parent or guardian or if the parent or guardian isn’t willing to have the CYP,
place the CYP in the custody of the chief executive
Section 208 - Principles - what are the principles?
When weighing those 4 primary considerations, the court or person must be guided by, in addition to the principles in section 5, the following principles:
a) Unless in the public interest, criminal proceedings should not occur if there is an alternative means of dealing with the matter
b) Criminal proceedings should not occur solely in order to provide any assistance or services to advance the welfare of the CYP, their family or Whanau
c) Any measures when dealing with a CYP should be designed to strengthen the family or Whanau of the CYP and to foster the ability of the family or Whanau to develop their own means of dealing with the CYP’S offending
d) CYP should be kept in the community where practicable and safe for the public to do so
e) age is a mitigating factor when determining whether to impose sanctions and the nature of the sanctions
f) any sanctions imposed should take the form mostly likely to promote the development of the CYP and take the least restrictive for that is appropriate in the circumstances
Section 214 - When can you arrest of a CYP?
1) Arrest only if satisfied on reasonable grounds (WEEP)
- Prevent interference with Witnesses
- Ensure appearance in court
- Prevent the loss or destruction of Evidence
- Prevent further offending
Where proceeding by way of summons would not achieve that purpose,
Nothing prevents an officer from arresting a child if reasonable cause to suspect that a category 3 or 4 offence has been committed that carries a term of imprisonment of 14 years or more and the arrest of the CYP is in the public interest
Section 214A - when can a CYP be arrested for breach of bail?
When the CYP has breached a condition of that bail and the CYP has on 2 or more occasions breached a condition of that bail (whether or not it was the same condition).
To ensure compliance with s214A, breaches of bail conditions before 4 September 2013 will not be counted.
A constable who arrests a child or young person under s214A, and who believes on reasonable grounds that they are likely to continue to breach any condition of bail, must place the child or young person in the custody of the Chief Executive in accordance with s235 [Oranga Tamariki Act 1989].
Authority to arrest for breach of bail under section 214A
Authority must be obtained from a Youth Aid Sergeant in the first instance or in their absence, a supervising sergeant (or above) or a qualified Youth Aid Officer.
Sections 215, 215A, 216, 217
When do you inform a CYP of their rights?
When a CYP must be given rights
SADBADD
Where there are reasonable grounds to SUSPECT CYP committed offence
217 - On ARRESTING CYP
DURING question, officer forms RGTS cyp has committed an offence
215 - BEFORE questioning CYP to obtain admission whom there are reasonable grounds to suspect of having committed an offence
When a CYP ASKS about their rights - only rights inquired about need to be explained
216 - DURING questioning officer DECIDES to charge CYP
- if grounds to arrest the CYP for refusing to provide details and cannot be served with a summons
215A - when questioning a CYP in relation to the CYP’S involvement in any offence
Section 218 - What manner should a CYP rights be given?
In a manner and language that is appropriate to the age and level of understanding of the CYP
Section 219 - When do you not have to re-advise a CYP of their rights?
Nothing in sections 215, 215A, 217 requires the rights be re-given if they were advised no earlier than 1 hour prior
Section 222 - Who can/cannot be a nominated person?
(1)
- Parent or Guardian of the CYP
- An adult member of the CYP’S family or Whanau
- Any other adult selected by the CYP
- If the CYP fails to nominate, any adult (not being an enforcement officer) nominated by an enforcement officer
(2)
Where an enforcement officer believes, on reasonable grounds, that any person nominated by a child or young person pursuant to subsection (1)(a) or (b) or (c) of this section, –
(a) If permitted to consult with the child or young person pursuant to section 221(2)(b) of this Act, would attempt, or would be likely to attempt, to pervert the course of justice; or
(b) Cannot with reasonable diligence be located, or will not be available within a period of time that is reasonable in the circumstances, –
that enforcement officer may refuse to allow the child or young person to consult with that person.
Section 236 - When may a Young Person who is arrested be detained in custody?
When a Senior Sergeant or above is satisfied on reasonable grounds that the CYP is likely to abscond or be violent and suitable detention facilities are not available to the chief executive.
The CYP on the joint certificate in the prescribed form may be detained in Police custody for a period exceeding 24hrs until appearance before the court.
If a joint certificate is issued, a report must be furnished to the commissioner of police within 5 working days.
