Chapter 1 Flashcards
Care and Protection of CYP comes under Section?
Section 48
Youth Justice:
Extra principles to be considered
Regarding criminal proceedings
Unless in public interest no criminal proceedings against CYP if alternative means of dealing with matter
Youth Justice:
Extra principles to be considered
Regarding USING criminal proceedings
No criminal proceedings against CYP in order to provide assistance or services to CYP or their family
Youth Justice:
Extra principles to be considered
Any measures for dealing with CYP offending designed to
Strengthen the family of CYP and
Foster ability of the family to develop own means of dealing with offending by their CYP
Youth Justice:
Extra principles to be considered
Regarding CYP in community
CYP should be kept in community as far as practicable and consonant with public safety
Youth Justice:
Extra principles to be considered
Sanctions imposed should:
Take form of most likely to maintain and promote CYP development
Least restrictive form that is appropriate
Youth Justice:
Extra principles to be considered
Regarding cause
Any measures dealing with offending should as far as practicable address causes underlying CYP offending
Youth Justice:
Extra principles to be considered
Considerations regarding causes of CYP offending with victims
Interests and views of victims; encourage to participate in process dealing with offending
Should have proper regard for interests of any victims and the impact on them
Arrest of CYP comes under Section?
Section 214
Section 214 principles
Regarding evidence
Shall not arrest any CYP unless satisfied on reasonable grounds that:
Arrest is necessary to
A ensure appearance of CYP
B Prevent further offending
Prevent loss or destruction of evidence or interference with any witness
And where a summons would not achieve its purpose
Section 214 principles
Continued
Serious offences
Arrest OK if cat 4 or 5 offence committed if penalty 14 years or more and
Constable has reasonable grounds that arrest required in public interest
Section 214 principles
Continued
Actions required
After arrest must:
Make written report within 3 days that
A if a Constable to Commissioner of Police
B if a T/O to C of P
C if public service employee to chief executive of department
D if employee of local authority or chief executive of the authority
MUST STATE REASON WHY ARREST MADE WITHOUT WARRANT
Arrest of CYP breach of bail
Requirements
If released on bail and
Reasonable grounds that
CYP has breached condition of bail and
CYP has on 2 or more previous occasions breached a condition of bail. Need not be same condition
Arrest of CYP for breach of bail
If continued breaching
Section 235 later in this chapter continues
Must place CYP in custody of chief executive of OT as soon as practicable and no later than 24 hours after arrest
Custody of CYP following arrest
Section 234
Constable shall:
Release CYP or
If Section 21 of Bail Act applies release on bail or
Deliver CYP to custody of parent or guardian having care of CYP or
If OK with CYP any Iwi or Social Service or
If OK with CYP any person/organisation approved by the chief executive or constable
Arrested CYP placed with chief executive OT
Section 235 continued
Reasonable grounds to believe…
CYP not likely to appear in Court
May commit further offences
Necessary to prevent loss or destruction of evidence or
Interference with witness or
Likely to continue to breach condition of bail
Arrested CYP placed with chief executive OT
Section 235 continued
How to place in custody of chief executive
Deliver CYP to chief executive acting thru their delegate and
Presenting PRESCRIBED FORM detailing
ID of CYP
circumstances of arrest
Date and time of Court appearence in Court having jurisdiction for CYP
Placement of CYP in custody of CE sufficient authority to detain CYP
Constable MUST not use arrest ID they believe
CYP in need af care and Protection as in Section 14
Section 236 CYP may be detained in Police custody if:
Chief executive of OT AND S/SGT or Inspector satisfied on reasonable grounds that
Arrested CYP likely to abscond/violent and
No suitable facilities available to chief executive or delegation to a(senior employee)
Produce joint certificate allowing CYP to be detained in Police custody for period exceeding 24 hrs and until appearance in Court
MUST produce written report to Commissioner within 5 days
Copr of certificate
Circumstances of issue of certificate
Duration CYP detained for or likely detained
Section 238
Custody of CYP pending hearing
Appearance in Youth Court
Subsection (1)
Must release CYP or
Release on bail or
Order CYP delivered to patents/guardians or
Any person approved by chief executive for that purpose
Order CYP detained in custody of CE, IWI, or Social Service or
Detained in Police custody: but only under Section239(2).
Appearance in Youth Court
Police responsibilities if specified offence under Victims Rights Act
Part A
Prosecutor must:
Reasonable efforts views of all victims of types of orders could be made under s/section 1
Inform the Court of views
Appearance in Youth Court
Police responsibilities if specified offence under Victims Rights Act
Part B
Police must inform each victim of order made and any bail conditions relating to safety/security of
Immediate family
Any non association with victim/victims immediate family
Cases
Police v D
Using 48 to detain CYP
CYP intoxicated. Gave name, address, and phone number of grandmother where he lived
Taken to Police Station and into secure area by other police unaware og details given. When asked again got agitated and assaulted police.
Court held:
Police reasonable using station as intermediate step in contacting grandmother
CYP should not have been taken into secure area
Police did not ascertain if CYP wanted to go home or Social worker
CYP detained and not told why
No need to question CYP as info already supplied
Comments:
48 only used for care and protection
Can only take CYP with consent to take home
If not wanting home then must be taken into custody (not police cells) of CE by delivering to social worker
Cases
Police v T-M
Arrest guidelines under 214
Police found T out late at night. Returned to police station under 48 but interviewed about burgs
Police later interviewed T and took statement then arrested him for the burgs.
Case withdrawn by police due to issues
Guidelines of the Court regarding 214
Can only use 48 to take into custody CYP for care and protection
Can only use arrest if 214 permits i.e
Ensuring apperance
Preventing further offending
Preventing loss/destruction evidence or interference with witnesses
Excepting purely indictable offences
Cannot instigate criminal proceedings unless no lesser way and must take the least restrictive
Cannot arrest CYP to ensure they face the consequences in Court
MUST consult Youth Justice Co-ordinator with a view to FGC to determine if CYP should be charged.
Cases
Police v T
CYP Initial arrest for shoplifting but continued detention before appearance in Court.
Escaped after shoplifting. Chased by police and arrested
Held over 24 hours before Court as was subje T to supervision order
Court held :
Arrest OK as escaping
Supervision order did not mean could be arrested whenever he offended
Breach of rights for not bringing to Court on same day
Keeping in custody over 24 hrs a serious breach of law. Police need to be aware of not unnecessarily holding CYP in custody
Cases
Police v CG
Detention 36 hrs after arrest for robbery (wallet) when initial complaint was assault
Arrested to stop further offending and loss of evidence and intimidation of witnesses
Court held
Initial arrest for ag robbery OK no questions about wallet all about assault
Complied with police requests for information
Did not know complianants
Police did not have reasonable grounds to arrest
No certificate issued under 236 to detain longer than 24 hrs
