1a) Children, young persons and their families Flashcards
Section 39 - what is a place of safety warrant?
Oranga Tamariki Act 1989
District Court Judge issue warrant if:
- Reasonable grounds suspect
- CYP suffering ill-treatment, harm, abuse, neglect or deprivation (SITHAND)
Section 39 - allows Police to?
Oranga Tamariki Act 1989
- Enter and search, by force, any dwelling, building, aircraft, ship, vehicle
- If RGS SITHAND - remove by force, place in custody of chief executive
- If in hospital, direct the Medical Superintendent to keep the CYP in hospital.
Section 42 - allows Police to?
Oranga Tamariki Act 1989
- RGB
- Critically Necessary to protect from injury or death
- ENTER + SEARCH
- REMOVE or DETAIN
- PLACE the CYP in custody of OT
Section 42 - explain what must do when executing?
Oranga Tamariki Act 1989
On entering the place, must:
1) Produce evidence of ID
2) State using section 42
3) Inform OT
4) Within 3 days, inform the Commissioner (notification)
Section 48
Oranga Tamariki Act 1989
- Found unaccompanied anywhere
- Physical or mental health is being, or is likely to be impaired
- Use force to TAKE and DELIVER into custody of parent/guardian
- If no consent - PLACE them in custody of OT
Section 48 - Explain what must do when executing?
Oranga Tamariki Act 1989
CYP is detained so must:
1) Give BOR
Detained until:
1) agree to return home or
2) application is made for care and protection order
Section 10b Summary Offences Act - leaving child <14 without reasonable supervision
- Child under 14
- Leaves that child
- Without making reasonable provision for supervision/care
- For a unreasonable time or conditions
What are the 7 Principles?
C.C.S.C.A.S.V
Oranga Tamariki Act 1989
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.
*The vulnerability of CYP entitles them to special protection
Section 214 - arrest without warrant
Oranga Tamariki Act 1989
W - Witness, prevent interference
E - Ensure appearance
E - Evidence - prevent loss
P - Prevent further offending
or
- Category 3/4 offence
or
- In public interest
Section 214 - statutory obligations
Oranga Tamariki Act 1989
- Within 3 days report to Commissioner with reason why
Section 214a
Oranga Tamariki Act 1989
Arrest without warrant if:
- released on bail
and
- the CYP has breached
and
- the CYP had 2 previous breaches
Authority to arrest YAS Sergeant, acting Sergeant or qualified YAS Officer
Rights prior to questioning
Before questioning:
a) They may be arrested if they refuse to provide their name and address (does not apply if already arrested)
b) They are not obliged to accompany an officer for questioning and if they give consent to accompany, they can withdraw this consent at any time (does not apply if already arrested)
c) They are under no obligation to make a statement
d) If they consent to make a statement, they can withdraw this consent at any time
e) Any statement may used in court proceedings
f) They are entitled to consult with, and make a statement in the presence of, a lawyer and any person nominated by them under section 222.
When do we give CYP their rights?
215/215a/216/217
Oranga Tamariki Act 1989
215 - Before questioning RGTS of having committed an offence
215A - when questioning is asked to repeat rights prior to questioning
216 - When an officer decides to charge
217 - When arresting
Section 218 - What manner should a CYP rights be given?
Oranga Tamariki Act 1989
Any explanation must by in a manner/language that is appropriate to the age/level of understanding
Section 219
Oranga Tamariki Act 1989
Don’t have to give rights again if done within an hour for section 215/215a/217
Section 221
Oranga Tamariki Act 1989
No statement is admissible unless:
1) BOR given
2) CYP consult with lawyer/nominated person
Section 222 - who can be a nominated person?
Oranga Tamariki Act 1989
- Parent or Guardian of the CYP
- An adult member of the CYP’S family or Whanau
- Any other adult selected by the CYP
if fail to nominate:
- any adult (not being an enforcement officer) nominated by an enforcement officer
Section 222 - grounds to refuse nominated person
Oranga Tamariki Act 1989
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.
Section 223
Oranga Tamariki Act 1989
Section 221 doesn’t apply to a spontaneous oral statement
Section 229
Oranga Tamariki Act 1989
When CYP arrested or taken to station:
1) inform as soon as practicable nominated person AND parent
2) nom person/parent can:
a) visit
b) have BOR explained
c) consult in private
Section 231
Oranga Tamariki Act 1989
Details the nominated person requirement for CYP taken to the station.
Section 233
Oranga Tamariki Act 1989
Nothing in section 214-232 limits the power under Section 68-72 LTA 1998
Section 234 - Custody following arrest
Oranga Tamariki Act 1989
Shall:
a) release the CYP
b) released on bail
c) deliver into custody of
- parent/guardian
- Iwi/social service
- any other person
approved by OT
Section 235 - Custody of Chief Executive
Oranga Tamariki Act 1989
Within 24 hours if:
W.E.E.P or arrested 214(a)
OR held in police custody if:
* Likely to abscond or be violent and
* no suitable detention facilities available
