Care + Protection & Youth Justice Flashcards
What is S39 OTA 1989?
Place of Safety Warrant:
Judge issues warrant if RGTS suffering or likely to suffer, ill treatment, neglect, deprivation, abuse or harm.
Warrant authorises you to enter and search, by force if necessary if RGTB the CYP is suffering as above.
May remove or detain CYP, by force if necessary.
Place CYP into custody of CE.
Where CYP is in Hospital, direct medical superintendent to keep that CYP there.
What must you have when acting on S39 OTA 1989 place of Safety Warrant issued by Court Judge?
RGTB CYP suffering, likely to suffer, ill treatment, neglect, abuse, deprivation or harm.
What is S42 OTA 1989?
You have RGTB critical to protect CYP from serious injury or death.
You may enter and search place, by force if necessary, remove or detain CYP, by force if necessary.
Place CYP in custody of CE.
Must produce evidence of ID, and disclose Power used.
Must report to Commissioner within 3 days.
What must you do when exercising power under S42 OTA 1989?
Produce evidence of identity.
Disclose power being exercised under this Act.
What is S48 OTA 1989?
Unaccompanied CYP.
Found alone in situation where mental or physical health being or likely to be impaired.
May take CYP home with their consent. If no consent or they don’t want to. Place in care of CE.
When CYP taken into custody of CE after using S48 PTA 1989 what happens?
Placement of CYP is sufficient authority for detention until:
The CYP wants to go home or parent agrees to have them. Or
Application is made to the court for care and protection order. CYP bought before court to determine this. CYP held in custody pending disposal of application or
Where indicated the CYP require care and protection 5 day export from day placed in custody or in any other case 3 days.
What are the principles set out in S208 OTA 1989?
Courts must be guided by: Public interest Services available to CYP Strengthen and foster ability of family Community (kept within) Age Least restrictive and most likely to maintain and promote development Address underlying causes Consideration give to victims views and interest Special protection
Court person exercising power must also consider in addition to above:
Reasonable and practical measure taken to provide support to prevent or minimise further reoffending
AND
Should be referred to care and protection if of the belief that it would benefit them
What is S214 OTA 1989?
Arrest of CYP without warrant.
When should S214 OTA 1989 (arrest CYP without warrant) be used?
Shall not arrest CYP unless:
Satisfied on reasonable grounds necessary to:
Ensure appearance before court
Prevent further offending
Prevent CADD or interference with Witnesses
Summons would not achieve this purpose
Nothing prevents arrest if:
RGTS:
Category 3 or 4 offence carrying maximum life or 14 years imprisonment and RGTB arrest required in public interest.
Must within 3 days report to commissioner.
What is S214A OTA 1989?
Arrest of CYP in breach of bail condition.
What must you be satisfied in before arresting CYP under 214A 1989 (CYP arrest BOB)?
That the CYP is on bail.
Has breached on two or more previous occasions.
Must be breaching at time of arrest.
If concerned, after arresting using S214A OTA 1989 (CYP arrest BOB), what can you do?
If you have RGTB that CYP likely to continue breaching bail you must place in custody of CE.
What is S215 OTA 1989?
CYP to be informed of rights before questioned by enforcement officer where RGTS offence committed OR before asking any question intended to obtain an admission.
What is S215A OTA 1989?
Rights to be explained to CYP on request.
When questioning CYP in relation to their involvement in commission of offence or suspected offence and CYP asks about BOR you shall explain again.
What is S216 OTA 1989?
You shall explain rights to CYP who is to be charged with offence.
What is S217 OTA 1989?
Rights to be explained to a CYP who is arrested.
What is S218 OTA 1989?
Rights to be explained in a manner and language appropriate to age and level of understanding of CYP.
What is S219 OTA 1989?
Explanations of BOR not required if CYP has already been informed.
Nothing is S215 or 215A, 216 or 217 requires explanation to be given if it has already been given with 1 hour.
What are the conditions of admissibility of CYP statements under S221 OTA 1989?
Before statement made the officer gave BOR manner appropriate.
Where CYP wants to consult lawyer or Nominated person that they have done so before giving statement.
That a nominated person or lawyer is present during the statement being made.
Who may be nominated as a nominated person under S222 OTA 1989?
A parent or guardian
An adult member of the family
Any other adult selected by CYP
If CYP fails or refuses you may appoint adult to be nominated person
When may an officer refuse to allow CYP to consult with nominated person?
When you have RGTB person would attempt or is likely to attempt to pervert the course of justice or
Cannot reasonably be located or not available within reasonable period of time
What is the duty of a nominated person?
To ensure that CYP understands matter explained.
To support CYP before and during a statement or questioning.
Under what section will S221 no longer apply if CYP made spontaneous admissions before office table to comply with requirements of that section?
S223 OTA 1989
What is S229 OTA 1989?
Parents and guardians to be informed of where CYP is and what it is in relation to.
What is the section in which sections 214 to 232 does not limit the powers of enforcement under any provisions of section 68 to 72 of LTA 1998?
Section 233 OTA 1989
Breath and blood alcohol provisions of LTA 1998 not affected.
What shall a constable do under S234 OTA 1989 (custody of CYP following arrest)?
Release CYP or Release on bail or Deliver into custody of: - any parent or guardian - agreement with CYP to any Iwi or cultural social service - agreement with CYP to CE
When must a constable place CYP in custody of CE under S235 OTA 1989 (CYP placed in custody of CE)?
RGTB:
Not likely to appear
May commit further offences
Prevent CADD or interference with Witnesses
Has been arrested under 214A and is likely to continue to breach bail
What must be satisfied to detain CYP in Police custody under S236 OTA 1989?
S/Sgt or above satisfied on reasonable grounds:
CYP likely to abscond or be violent and
Suitable facilities unavailable to CE
CYP may be detained in police custody for period exceeding 24 hours until appearance before court.
Must report within 5 days.
