1.1 - OT

Question 1

Grounds for Section 39

Answer 1

Reasonable grounds to Suspect a child or young person is suffering or likely to suffer

• ill-treatment
• neglect
• deprivation
• abuse
• harm

Question 2

Section 39 who can search for the child or young person and make an application for a place of safety warrant

Answer 2

Any Constable either by name or generally or the chief executive

Question 3

Any person executing a warrant under section 39 may

Answer 3

• Enter and search by force if necessary, any house, building, aircraft, ship, carriage, vehicle, premises or place
• Remove or detain by force if necessary to place in the custody of the chief executive
• Where the child is in hospital direct Medical Superintendent of that hospital to keep that child or young person in hospital

Question 4

Section 42

Answer 4

Any constable that believes on reasonable grounds that it is critically necessary to protect a child from injury or death

Question 5

Requirements under Section 42 on entry

Answer 5

Produce evidence of identity and disclose that those powers are being exercised under this section

Question 6

Section 42 other responsibilities

Answer 6

Within 3 days after the day on which the power is exercised, notify the Commissioner of Police in a written report about using the power and the circumstances

Question 7

Section 48

Answer 7

Child or young person found unaccompanied by a parent, guardian or other person who usually cares for them in a situation that their physical or mental health is likely to be impaired

Question 8

Steps under Section 48

Answer 8

Deliver to custody of parent or guardian with their consent

If the child or young person does not consent or the parent or guardian is unwilling or unable to take custody then place in the custody of chief executive by delivering the child or young person to them

Question 9

Section 48 Custody remains until

Answer 9

• The child or young person agrees to returning to parent or guardian and they are willing and able to take them
• An application for care and protection order is brought before the court to determine whether the child or young person is to be held in custody pending disposal of application
• 5 days after they are placed in custody or 3 days after circumstances indicate they may be in need of care or protection whichever comes first.

Question 10

What is a young person

Answer 10

Over the age of 14 and under the age of 18

Question 11

What are the 7 Principles in Section 208 of the Oranga Tamariki Act ?

Answer 11

1) Unless in the public interest, criminal proceedings should not occur if there is an ALTERNATIVE means of dealing with the matter

2) 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

3) All measures when dealing with a CYP should be designed to STRENGTHEN the family or Whanau of the CYP and to help them develop their own means of dealing with the CYP’S offending

4) CYP should be kept in the COMMUNITY where practicable and safe for the public to do so

5) age is a mitigating factor when determining whether to impose SANCTIONS and the nature of the sanctions

6) all sanctions imposed should take the LEAST restrictive form that is appropriate in the circumstances

7) Victims views should be considered.

A. A. S. C. S. L. V.

Question 12

Section 214 - What grounds must exist before you can arrest a CYP?

Answer 12

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

• Proceeding by way of summons would not achieve that purpose
• Ensure appearance in court
• Evidence, (prevent destruction or loss)
• Prevent further offending

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

Question 13

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

Answer 13

When the CYP has breached a condition of that bail and the CYP has on 2 or more previous occasions breached a condition of that bail (whether or not it was the same condition).

approval from ether:
1) YA Sergeant
2) Sergeant
3) YA Officer

Question 14

Who provides authority to arrest for breach of bail under section 214A

Answer 14

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.

Question 15

Sections 215, 215A, 216, 217

When do you inform a CYP of their rights?

Answer 15

215 - Before questioning a CYP whom there are reasonable grounds to suspect (RGTS) 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

Question 16

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

Answer 16

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

Question 17

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

Answer 17

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

Question 18

Section 222

• Who can be a nominated person?
• When can you refuse a nominated person?

Answer 18

• 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 a person, then any adult (not being an enforcement officer) nominated by an enforcement officer

Grounds to refuse - When you believe that the nominated person is likely to, or will pervert the course of justice, OR
they cannot be located and reasonable measures have been taken to locate them.

Question 19

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?

Answer 19

When a S/SGT or above is satisfied on RG that the CYP is likely to abscond or be violent and suitable detention facilities are not available to the chief executive.

A joint certificate is a form signed by both Police and OT in regards to the agreement that detaining a CYP in custody on the grounds the the CYP is likely to abscond or be violent and no facilities are available for placement then the s236 certificate is required.

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.

Question 20

Police v D (Detention under Section 48)

Answer 20

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

Question 21

Section 233 of OT Act 1989 - What does this relate to?

Answer 21

Breath Alcohol provision.

Nothing in sections 214-232 limits the affect of sections 68 -72 of the Land Transport Act 1998.

A CYF may still undergo the procedural requirements for s68-72 as age is not a limitation to this happening

Question 22

Pettus V R (Section 42 Removal of CYP)

Answer 22

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.

Question 23

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

Answer 23

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

Question 24

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

Answer 24

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.

Question 25

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

Answer 25

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.

Question 26

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

Answer 26

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.

Question 27

What principle in addition to the ones listed in subsection two and section 5 relate to resolving offending or offending by a Child or Young person?

Answer 27

That reasonable and practical measures or assistance should be taken or provided to support the CYP to prevent or reduce offending or reoffending and,

– that the CYP should be referred to care protection or well-being services under this Act if those services would be of a benefit to them

Question 28

When a constable who arrests a child or young person under section 214A and believes on reasonable grounds that they are likely to continue to breach any condition of bail and the cyp has 2 or more previous breaches what must the constable do?

Answer 28

The Constable must place the child or young person in the custody of the chief executive in accordance with s235 of the 0T Act 1989