1.1 Oranga Tamariki Act 1989 Flashcards

1
Q

What is the care and protection age?

A

Of or over the age of 14 years but under the age of 18 years

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2
Q

Section 39 (1) - What is a place of safety warrant?

A

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)

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3
Q

Section 39 (3) - Allows police to

A

(a) Enter and search, by force if necessary, any dwelling house, building, aircraft, ship, carriage, vehicle, premise or place
(b) If that person believes on reasonable grounds that the child 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 them in the custody of the chief executive or
(ii) Where the child is in hospital, direct the Medical Superintendent of that hospital to keep that child or young person in that hospital.

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4
Q

Section 42 - Search Without Warrant - explain what you can do?

A

(1) 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:
(a) Enter and search, by force if necessary, any dwelling house, building, aircraft, ship, carriage, vehicle, premise or place
(b) Remove or detain by force if necessary, the child or young person and place them in the custody of the chief executive

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5
Q

Section 42 subsection (2) - Explain what you must do, and when you must do it, when executing Section 42.

A

Every constable shall on first entering the place, and if requested,

a) produce evidence of identity and
b) disclose the power being used

within 3 days furnish a report to the commissioner of Police

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6
Q

Section 48 - Unaccompanied Child or Young Person (1)

A

(1) 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

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7
Q

What are the Principles in Section 208 of the Oranga Tamariki Act ?

A

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

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8
Q

Section 214 - When can you arrest of a CYP?

A

1) Arrest only if satisfied on reasonable grounds (WEEP)

  • Ensure appearance in court
  • Prevent further offending
  • Prevent the loss or destruction of evidence

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

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9
Q

Section 214A - when can a CYP be arrested for breach of bail?

A

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).

approval from ether 1) YA Sgt 2) Sgt 3) YAO

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10
Q

Authority to arrest for breach of bail under section 214A

A

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.

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11
Q

Sections 215, 215A, 216, 217

When do you inform a CYP of their rights?

A

215 - Before questioning a CYP whom there are reasonable grounds to suspect of having committed an offence

  • 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

216 - When an officer decides to charge a CYP

217 - When arresting a CYP

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12
Q

Section 218 - What manner should a CYP rights be given?

A

In a manner and language that is appropriate to the age and level of understanding of the CYP

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13
Q

Section 219 - When do you not have to re-advise a CYP of their rights?

A

Nothing in sections 215, 215A, 217 requires the rights be re-given if they were advised no earlier than 1 hour prior

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14
Q

Section 222

  • Who can be a nominated person?
  • When can you refuse a nominated person?
A
  • 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
  • When you believe that the nominated person is likely to, or will prevent the course of justice OR. they cannot be located and reasonable measures have been taken to locate them.
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15
Q

Section 236 - When may a Young Person who is arrested be detained in custody?

  • What is a ‘Joint Certificate’
  • How long can a CYP be detained in Police custody?
  • How long do you have to report a joint certificate?
A

(1) 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 longer than 24hrs until appearance before the court.

(2) If a joint certificate is issued, a report must be furnished to the commissioner of police within 5 working days.

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16
Q

Important decisions from case law, explain the following re CYP Law?

Police v D (Detention under Section 48)

A

Police v D - Police failed to consider CYP rights. Taking him to a Police Station, and placing him in a secure cell - likely to believe he was detained.

17
Q

Section 233 - What does this relate to?

A

Breath Alcohol provision.

Nothing in sections 214-232 limits the affect of sections 68 -72 of the Land Transport Act 98.

18
Q

Important decisions from case law, explain the following re CYP Law?

Pettus V R (Section 42 Removal of CYP)

A

Pettus V R - Constables actions were criticized, as Section 42 is an emergency provision, consider the usage of a S39 Warrant. It was not critically necessary to prevent danger/injury of the CYP.

19
Q

Important decisions from case law, explain the following re CYP Law?

Elia v R - (Court of Appeal Section 215, and Section 223)

A

Elia v R - Admission was obtained regarding robbery, Police then left the room and overheard nominated person state that he shouldn’t have said what he said. Rights were not given again when a new nominated person came into the room.

20
Q

Important decisions from case law, explain the following re CYP Law?

Police V T (Section 214 and detention in Police custody)

A

Police V T - Police should be careful not to hold CYP’s in custody, and get them in front of the courts by the afternoon if a morning arrest. Regardless if the CYP is on actives or subject to a supervision order.

21
Q

What were the important decisions regarding the following CYP Case Law?

Police v T-M (Arrest Guidelines under s214, and s48)

A

Police v T-M - If police believe CYP has committed an offence, only arrest if 214 would permit. Section 48 should not be used by police for the sole purpose of taking a CYP into custody who is suspected of committing a crime.

22
Q

Important decisions from case law, explain the following re CYP Law?

Explain what was held in relation to R v Kahu 1995 regarding section 39? What grounds were the officers actions upheld?

A

R v Kahu 1995 - Police and social worker entered under section 39 to a house, and were checking for food etc and came across cannabis and subsequently arrested and charged the mother and took the CYP into care.