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S/SGT Syllabus 2019 > Chapter 1 > Flashcards

Chapter 1 Flashcards

1
Q

Care and Protection of CYP comes under Section?

A

Section 48

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2
Q

Youth Justice:

Extra principles to be considered

Regarding criminal proceedings

A

Unless in public interest no criminal proceedings against CYP if alternative means of dealing with matter

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3
Q

Youth Justice:

Extra principles to be considered

Regarding USING criminal proceedings

A

No criminal proceedings against CYP in order to provide assistance or services to CYP or their family

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4
Q

Youth Justice:

Extra principles to be considered

Any measures for dealing with CYP offending designed to

A

Strengthen the family of CYP and

Foster ability of the family to develop own means of dealing with offending by their CYP

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5
Q

Youth Justice:

Extra principles to be considered

Regarding CYP in community

A

CYP should be kept in community as far as practicable and consonant with public safety

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6
Q

Youth Justice:

Extra principles to be considered

Sanctions imposed should:

A

Take form of most likely to maintain and promote CYP development

Least restrictive form that is appropriate

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7
Q

Youth Justice:

Extra principles to be considered

Regarding cause

A

Any measures dealing with offending should as far as practicable address causes underlying CYP offending

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8
Q

Youth Justice:

Extra principles to be considered

Considerations regarding causes of CYP offending with victims

A

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

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9
Q

Arrest of CYP comes under Section?

A

Section 214

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10
Q

Section 214 principles

Regarding evidence

A

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

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11
Q

Section 214 principles

Continued

Serious offences

A

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

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12
Q

Section 214 principles

Continued

Actions required

A

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

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13
Q

Arrest of CYP breach of bail

Requirements

A

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

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14
Q

Arrest of CYP for breach of bail

If continued breaching

Section 235 later in this chapter continues

A

Must place CYP in custody of chief executive of OT as soon as practicable and no later than 24 hours after arrest

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15
Q

Custody of CYP following arrest

Section 234

A

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

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16
Q

Arrested CYP placed with chief executive OT

Section 235 continued

Reasonable grounds to believe…

A

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

17
Q

Arrested CYP placed with chief executive OT

Section 235 continued

How to place in custody of chief executive

A

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

18
Q

Section 236 CYP may be detained in Police custody if:

A

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

19
Q

Section 238

Custody of CYP pending hearing

Appearance in Youth Court

Subsection (1)

A

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).

20
Q

Appearance in Youth Court

Police responsibilities if specified offence under Victims Rights Act

Part A

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

21
Q

Appearance in Youth Court

Police responsibilities if specified offence under Victims Rights Act

Part B

A

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

22
Q

Cases

Police v D

Using 48 to detain CYP

A

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

23
Q

Cases

Police v T-M

Arrest guidelines under 214

A

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.

24
Q

Cases

Police v T

CYP Initial arrest for shoplifting but continued detention before appearance in Court.

A

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

25
Q

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

A

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

S/SGT Syllabus 2019 (3 decks)

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