Care + Protection & Youth Justice

Question 1

What is S39 OTA 1989?

Answer 1

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.

Question 2

What must you have when acting on S39 OTA 1989 place of Safety Warrant issued by Court Judge?

Answer 2

RGTB CYP suffering, likely to suffer, ill treatment, neglect, abuse, deprivation or harm.

Question 3

What is S42 OTA 1989?

Answer 3

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.

Question 4

What must you do when exercising power under S42 OTA 1989?

Answer 4

Produce evidence of identity.

Disclose power being exercised under this Act.

Question 5

What is S48 OTA 1989?

Answer 5

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.

Question 6

When CYP taken into custody of CE after using S48 PTA 1989 what happens?

Answer 6

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.

Question 7

What are the principles set out in S208 OTA 1989?

Answer 7

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

Question 8

What is S214 OTA 1989?

Answer 8

Arrest of CYP without warrant.

Question 9

When should S214 OTA 1989 (arrest CYP without warrant) be used?

Answer 9

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.

Question 10

What is S214A OTA 1989?

Answer 10

Arrest of CYP in breach of bail condition.

Question 11

What must you be satisfied in before arresting CYP under 214A 1989 (CYP arrest BOB)?

Answer 11

That the CYP is on bail.
Has breached on two or more previous occasions.
Must be breaching at time of arrest.

Question 12

If concerned, after arresting using S214A OTA 1989 (CYP arrest BOB), what can you do?

Answer 12

If you have RGTB that CYP likely to continue breaching bail you must place in custody of CE.

Question 13

What is S215 OTA 1989?

Answer 13

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.

Question 14

What is S215A OTA 1989?

Answer 14

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.

Question 15

What is S216 OTA 1989?

Answer 15

You shall explain rights to CYP who is to be charged with offence.

Question 16

What is S217 OTA 1989?

Answer 16

Rights to be explained to a CYP who is arrested.

Question 17

What is S218 OTA 1989?

Answer 17

Rights to be explained in a manner and language appropriate to age and level of understanding of CYP.

Question 18

What is S219 OTA 1989?

Answer 18

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.

Question 19

What are the conditions of admissibility of CYP statements under S221 OTA 1989?

Answer 19

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.

Question 20

Who may be nominated as a nominated person under S222 OTA 1989?

Answer 20

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

Question 21

When may an officer refuse to allow CYP to consult with nominated person?

Answer 21

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

Question 22

What is the duty of a nominated person?

Answer 22

To ensure that CYP understands matter explained.

To support CYP before and during a statement or questioning.

Question 23

Under what section will S221 no longer apply if CYP made spontaneous admissions before office table to comply with requirements of that section?

Answer 23

S223 OTA 1989

Question 24

What is S229 OTA 1989?

Answer 24

Parents and guardians to be informed of where CYP is and what it is in relation to.

Question 25

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?

Answer 25

Section 233 OTA 1989

Breath and blood alcohol provisions of LTA 1998 not affected.

Question 26

What shall a constable do under S234 OTA 1989 (custody of CYP following arrest)?

Answer 26

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

Question 27

When must a constable place CYP in custody of CE under S235 OTA 1989 (CYP placed in custody of CE)?

Answer 27

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

Question 28

What must be satisfied to detain CYP in Police custody under S236 OTA 1989?

Answer 28

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.