CH 1 - Children, Young Person and their Families Flashcards
s48 Unaccompanied C/YP
Under s48 what actions would you advise a constable to take with unaccompanied C/YP who doesn’t wish to be returned to a parent or guardian?
- Place into custody of the chief executive, deliver CYP to chief executive (his or her delegate)
s208 Principles
Describe the principles that are to be applied under s208 of C/YP Act in dealing with a youth offender?
- Alternative means - Unless in public interest
- Not to solely to assist services needed to advance the welfare of the CYP
- Strengthen the family
- Ability of families to develop their own means of dealing
- CYP kept in the community so far as practicable and consonant with the need to ensure the safety of the public:
- Any sanction take the form most likely to promote development of CYP and take least restrictive that is appropriate in the circumstances
- Measures should where possible adress the underlying cause of offending
- Any measure should have proper regard of interests of victim
- Vulnerablility of CYP entitles CYP to special protection during commision of investigation into CYPs offending
s214 Arrest of CYP without warrant
Under s214, what reasonable grounds are required for arresting a CYP without warrant? (6)
Written report within ?
- Ensure appearance at court
- Prevent further offending
- Interfer with witnesses
- Prevent loss or destruction of evidence
- Summons wont work
- Cat 4 offence or Cat 3 carrying life or at least 14 years AND Required in the public interest
- Written report with 3 days to the Commissioner
New Power of Arrest s214A CYPF (Law Note Excerpt -Oct 2013 edition of Ten-One)
Who approves the authority to arrest a CYP who has breached bail conditions and has breached bail on two or more previous occasions? (3)
Whos custody are they placed in?
- Youth Aid Sgt or in their absence
- Supervising Sgt (or above) or
- a qualified youth aid officer
- Place into the custody of the Cheif Executive
s214 A You MAY arrest CYP for breach of bail if:
you believe on reasonable grounds (3)
Complete what file?
- CYP has been released on bail
- CYP has breached a condition of THAT bail AND
- CYP has 2 or more previous breaches of THAT bail (does not have to be the same condition but does not apply to historic bail breaches for other bail conditions)
- 6D file
s234 – Custody of CYP following arrest :-
Subject to sections 235, 236, and 244 of this Act, where a CYP is arrested with or without warrant, a constable shall:-
Clue … release on/to (4)
- Release the child
- Release on bail Sec 21 Bail Act- deliver the CYP to the custody of:-
- Parent or guardian or
- Other person having the care of the CYP
- With agreement of the CYP any Iwi Social Service or Cultural Social Service; or
- With agreement of the CYP, any other person or organisation approved by the chief executive or a constable for the purpose
S235 CYP arrested may be placed in custody of Chief Executive
What reasonable grounds must a constable have for placing a CYP in the custody of the Chief Executive? (5)
When should they be placed with chief executive?
Believes on Reasonable Grounds the CYP will:-
- Fail to appear before the court; or
- Commit further offences; or
- Prevent loss or destruction of evidence
- Interference with any witness
- Likely to continue to breach any condition of bail
- As soon as practicable and not later than 24 hours
Summerise Sections
Section 234 CYPF Act
Section 235 CYPF Act
Section 236 CYPF Act
Section 234 – Show them the door ( Release into care of parent, release on bail, Iwi etc…)
Section 235 – Off to the Beehive (Chief Executive/Government Dept – CYFS) ASAP must be less than 24hrs
Section 236 – Put em behind sticks (Power to detain in police custody) Longer than 24 hours
What are the Two Important Changes to the Act from 1st April 2017?
What is the name change?
- Care Protection change -A person of or over the age of 14 years but under the age of 18 years is now covered by the act
- Deligate Change - A broader range of professionals will be allowed to perform a wider set of tasks to help identify and meet the needs of vulnerable children and young people. This will be achieved by making the chief executive responsible for many tasks that social workers are currently responsible for.
- Oranga Tamiriki Act 1989
What circumstances must exist for s.48 of the CYPF Act to be used? (3)
- Unaccompanied (up to 18)
- Physical or mental health is being or like to be impaired
- Reasonable force may be used
Under s.48 Oranga Tamiriki Act 1989 what does the term YOUNG PERSON mean?
- Over the age of 14 but
- Under 18 years
s.214 Every officer who arrests a CYP without warrant is required to furnish a report to the commisioner within?
Furnish written report within 3 days to the Commisioner
s.214 What should every report state for the arrest of a CYP?
The reason why the CYP was arrested without warrant.
s.235 If a CYP has been arrested and is to be delivered to the care of social worker when must this occur?
As soon as possible, but no later than 24 hours after arrest
s.235 If a CYP has been arrested is to be delivered to the care of social worker what information must be given to the social worker? (3)
- identity of the child
- circumstances of the arrest
- date and time of intended appearance
