1.1 OT ACT Flashcards
What is the care and protection age for a young person?
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, harm, abuse, neglect or deprivation
- May issue a warrant authorising any constable to search for the child or young person
(Section 39 - Just in time)
S.I.T.H.A.N.D - suffering or likely to suffer ill-treatment, harm, abuse, neglect, deprivation
Section 39 (3) - OT Act - Allows Police to
- RGTB that a child is suffering or is likely to S.I.T.H.A.N.D
- With a warrant
- Enter and Search by force if necessary
- Any Dwelling, Building, Aircraft, Ship, Vehicle, Premise or Place
-Remove and detain by force if necessary - The child or young person
- And place them into the custody of the chief executive
- Or where a child is in hospital, direct the medical superintendent of that hospital to keep that child or young person in that hospital
Section 42 OT Act - Search Without Warrant - Explain what you can do?
- 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, Building, Aircraft, Ship, Vehicle, Premise or Place
-Remove and detain by force if necessary - The child or young person
- And place them into the custody of the chief executive
Section 42 (2) - Explain what you must of when executing S42 of the OT Act
- Every Constable shall on first entering the place
- Produce evidence of ID and
- Disclose the power being used to enter and search
- Within 3 days furnish a report to the Commissioner of the Police
Explain the ingredients of Section 48 - Unaccompanied Child or Young person
- Where a CYP is found unaccompanied by
- A parent of Guardian
- In a situation which the CYP’s
- 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
- With their consent
- To a parent or guardian or other person usually having care of the CYP
- 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 them into the custody of the chief executive
What are the 7 Principles in Section 208 of the OT Act - When dealing with youth offenders - Number 1 Alternative
1) Unless in the public interest, criminal proceedings should not occur if there is an ALTERNATIVE means of dealing with the matter
What are the 7 Principles in Section 208 of the OT Act - When dealing with youth offenders - Number 2 Advance
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
What are the 7 Principles in Section 208 of the OT Act - When dealing with youth offenders - Number 3 Strengthen
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 CYPs offending
What are the 7 Principles in Section 208 of the OT Act - When dealing with youth offenders - Number 4 Community
4) CYP should be kept in the COMMUNITY where practicable and safe for the public to do so
What are the 7 Principles in Section 208 of the OT Act - When dealing with youth offenders - Number 5 Sanctions
5) Age is a mitigating factor when determining whether to impose SANCTIONS and the nature of the Sanctions
What are the 7 Principles in Section 208 of the OT Act - When dealing with youth offenders - Number 6 Least
6) All sanctions imposed should take the LEAST restrictive form that is appropriate in the circumstances
What are the 7 Principles in Section 208 of the OT Act - When dealing with youth offenders - Number 7 Victims
7) VICTIMS views should be considered
Section 214 - What grounds must exist before you can arrest a CYP?
1) Arrest only if satisfied on reasonable grounds
- Proceedings by way of summons would nor achieve that purpose
- Ensure appearance in Court
- Evidence (prevent loss or destruction)
- Prevent further offending
- Nothing prevents an officer from arresting a CYP
- If there is reasonable cause to suspect that a Cat 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?
Yes, When the CYP has breached a condition of bail
- and the CYP has on 2 or more previous occasions breached a condition of that bail
- (whether of not it was the same condition)
Who provides 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
When do you inform a CYP of their rights? (S215)
215
- Before questioning a CYP Whom there are RGTS of committing an offence
- If the ground to arrest the CYP for refusing to provide details and cannot be served a summons
When do you inform a CYP of their rights? (215A)
215A
- When questioning a CYP in relation to their involvement in any offence
When do you inform a CYP of their rights? (216)
216
- When an officer decides to charge a CYP
When do you inform a CYP of their rights? (217)
217
- When arresting a CYP
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 to be re-given if they were advised no earlier than 1 hour prior
Section 222 - Who can be a nominated person?
- Parent or Guardian of the CYP
- An Adult member of the CYPs family or whanau
- Any other adult selected by the CYP
- If the CYP fails to nominate a person, then any adult nominated by the enforcement officer (not being an enforcement officer)
Section 222 - When can you refuse a nominated person?
Ground for refusal
- 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
Section 236 - When may a CYP who is arrested by detained in Custody?
- 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
Section 236 - What is a Joint Certificate?
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 that the CYP
- Is likely to abscond or be violent
- An no facilities are available for placement
- Then the s236 certificate is required
Section 236 - How long can a CYP be detained in Police custody on a Joint certificate?
The CYP on a Joint Certificate in the prescribed form may be detained in Police Custody
- For a period exceeding 24hrs until appearance before the court
Section 236 - How long do you have to report a joint certificate?
- A report must be furnished to the commissioner of police within 5 working days
Section 233 of the OT Act - What does this relate to? (EBA)
- Breath Alcohol Provision
- Nothing in Sections 214 - 232 limits the affects of Sections 68 - 72 of the Land Transport Act
- A CYP may still undergo the procedural requirements for S68 - 72 as age is not a limitation to this happening
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:
The constable must place the child or young person in the custody of the chief executive in accordance with s235 of the OT act 2989
