Chapter 1- Children, Young People And Their Families Flashcards
Who is defined as a young person?
A person of or over the age of 14 years but under the age of 18 years.
17 year olds will be included in the definition of young person for the care and protection provisions.
When can police place a CYP in care of chief executive? (Bail opposed)
Section 235
1) if police WEEP is satisfied
2) must be done as soon as possible but not later than 24 hours after arrest
When can a CYP who has been arrested be detained in police custody?
Do you have to do a report to the commissioner?
A S/Sgt or Insepctor can authorise that a CYP can be held in police custody for longer than 24 hours and until appearance in court.
A report must be furnished within 5 days to commissioner and chief executive
What must Police do after a CYP has been arrested?
1) release CYP
2) release CYP on bail
3) deliver CYP into custody of:
- any parent or guardian
- with agreement of CYP release to any social service or cultural social service
- with agreement of CYP release to any other person or organisation approved by chief executive or constable
When must you inform parents or guardians of a CYPs arrest or questioning?
As soon as practicable.
When they arrive at enforcement agency office for questioning or they have been arrested.
Parents/guardians are entitled to visit that CYP at enforcement agency office
Are spontaneous admissions/statements made by a CYP admissible?
Yes.
An oral statement made by a CYP spontaneously before an enforcement office has had a reasonable opportunity to comply with requirements
When can Police refuse to allow a CYP to consult with a nominated person?
If an enforcement office believes on reasonable grounds that any person nominated by a CYP:
1) would attempt or would be likely to attempt to pervert the course of justice
2) cannot be located or is not available within a reasonable time
3) is another enforcement officer
Who can be a nominated person?
1) parent/ guardian of CYP
2) an adult member of family of CYP
3) any other adult selected by CYP
4) if CYP refuses/failed to nominate a person then any adult nominated by an enforcement officer
When are statements made by a CYP admissible?
An oral/written statement made by a CYP is not admissible unless:
1) BOR given before statement made in a manner/ language appropriate to age/level of understanding of CYP
2) CYP has been allowed to consult with barrister/ solicitor or nominated person
3) statement is made in presence of barrister/solicitor or nominated person
When can you arrest a CYP for breach of bail?
Section 214a
A constable may arrest a CYP without a warrant if that CYP has been released on bail and :
1) the CYP has breached a condition of bail AND
2) the CYP has 2 or more previous breaches of bail
What are the 4 guidelines when deciding to arrest a CYP?
1) ensuring appearance of CYP before court
2) preventing CYP from committing further offences
3) preventing loss or destruction of evidence
4) preventing interference with any witnesses
When must your furnish a report to the commissioner of police if you arrest a CYP?
Within 3 days
What is the key message around criminal proceedings against a CYP?
Unless public interest requires otherwise,
Criminal proceedings should not be instituted against a child of young person if there is alternative means of dealing with the matter.
When must you place a CYP in the custody of the chief executive?
1) the CYP does not wish to be returned to a parent or guardian or other such person having the care of the CYP
2) No parent or guardian or other such person is willing or able to have custody of the CYP
If a CYP consents where can you take them if they are detained under section 48?
Deliver the CYP into the custody of a parent or guardian or other person usually having the care of the child or young person
When can you action section 48?
Where a child or young person is found unaccompanied by a parent or guardian or other person who usually has the care of the child or young person in a situation in which the child or young persons physical or mental health is mbeing or is likely to be impaired a Constable may use force as reasonably necessary to take the child or young person
What 3 things must you do if you exercise a power under section 42?
(Search without warrant)
1) produce evidence of your identity
2) disclose that those powers are being executed under this section
3) furnish a report to the commission on the exercise of the power within 3 days
What is section 42 (CYP and families) and what does it allow you to do?
SEARCH WITHOUT WARRANT
Any constable who believes on reasonable grounds that it is critically necessary to protect a CYP from injury or death may, without warrant:
- Enter and search by force if necessary any dwelling, house, building, aircraft, ship, carriage, vehicle, premise or place
- Remove or detain by force f necessary the CYP and place CYP in custody of chief executive
What is section 215?
CYP+ families
CYP to be informed of rights before being questioned
What is section 215A?
CYP + families
Rights to be explained to a CYP upon request
What is section 216?
CYP + families
Rights to be explained to a CYP who is charged with an offence
What is section 217?
CYP + families
Rights to be explained to CYP who is arrestedj
What is section 218?
CYP + families
Rights to be explained in a manner and in language that is appropriate to age and level of understanding of CYP
When do you not have to read and explain bill of rights to a CYP?
(Section 219)
Not required if CYP has been informed of rights within past hour
