Chapter 1: Children Young Persons And Their Families

Question 1

Q1 (Pg1 S.39 Place Of Safety Warrant)
If a District Court Judge or (if no Judge is available) any issuing officer is satisfied that there are reasonable grounds for suspecting that a child or young person is suffering, or is likely to suffer, ill treatment, neglect, deprivation, abuse, or harm may issue a warrant authorising who, to do what?

Answer 1

Any CONSTABLE or a SOCIAL WORKER to SEARCH for the child or young person.

Question 2

Q2.(Pg1 S.39 Place Of Safety Warrant)

An application for a warrant under subsection (1) may be made by who?

Answer 2

A CONSTABLE or a SOCIAL WORKER.

Question 3

Q3. (Pg1 S.39 Place of Safety Warrant)

Any person authorised by warrant under this section may take what action?

Answer 3

ENTER and SEARCH BY FORCE IF NECESSARY any dwelling house,building, aircraft, ship, carriage, vehicle, premises or place: IF THAT PERSON BELIEVES ON REASONABLE GROUNDS THAT THE CHILD OR YOUNG PERSON HAS SUFFERED, OR IS LIKELY TO SUFFER, I’ll TREATMENT, SERIOUS NEGLECT,ABUSE, SERIOUS DEPRIVATION, OR SERIOUS HARM- REMOVE OR DETAIN BY FORCE IF NECESSARY AND PLACE IN THE CUSTODY OF THE CHIEF EXECUTIVE.

• Where the child or young person is in hospital direct the medical superintendent of the hospital to keep them in that hospital.
• *(Child or young person deemed in this situation as being placed in the custody of the chief executive.

Question 4

SECTION 42- SEARCH WITHOUT WARRANT.
Q4.(Pg2) Any constable who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant take what action?

Answer 4

ENTER AND SEARCH BY FORCE IF NECESSARY any dwelling house, building, aircraft, ship, carriage, vehicle, premises or place REMOVE OR DETAIN BY FORCE IF NECESSARY AND PLACE IN THE CUSTODY OF THE CHIEF EXECUTIVE.

Question 5

SECTION 42- SEARCH WITHOUT WARRANT.
Q5(Pg2)
Before entering any dwelling house, building, aircraft, ship, carriage, vehicle, premises or place and if requested at any subsequent time- must do what two things?

Answer 5

PRODUCE EVIDENCE OF IDENTITY and POWERS BEING EXERCISED UNDER THIS SECTION.

Question 6

SECTION 42- SEARCH WITHOUT WARRANT
Q6(Pg2) A constable who exercises the power conferred by subsection 1 of this section shall forward a report on the exercise of power and the circumstances in which it came to be exercised- within how many days after the day which the power came to be exercised?

Answer 6

3 DAYS AFTER THE DAY on which the power was exercised.

Question 7

SECTION 48- UNACCOMPANIED CHILDREN AND YOUNG PERSONS.
Q7(Pg2) 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’s or young person’s PHYSICAL OR MENTAL HEALTH IS BEING, OR IS LIKELY TO BE, IMPAIRED, a CONSTABLE MAY USE SUCH FORCE AS MAY REASONABLE NECESSARY- take what action?

Answer 7

With the CONSENT OF THE CHILD OR YOUNG PERSON, DELIVER the child or young person into the custody of a PARENT OR GUARDIAN OR OTHER PERSON USUALLY HAVING CARE of the young person or child.

Question 8

SECTION 48- UNACCOMPANIED CHILDREN AND YOUNG PERSONS.
Q8(Pg2) Where should the child or young person be placed if they DO NOT WISH TO BE RETURNED TO A GUARDIAN, PARENT OR OTHER PERSON USUALLY HAVING CARE/THE PREVIOUS PERSONS ARE NOT ABLE TO HAVE CUSTODY OF THE CHILD OR YOUNG PERSON?

Answer 8

Place the child or young person in the custody of the CHIEF EXECUTIVE by delivering the child or young person to a SOCIAL WORKER.

Question 9

SECTION 48- UNACCOMPANIED CHILDREN AND YOUNG PERSONS.
Q9(Pg2) Placement of the child or young person in the custody of the chief executive shall be sufficient authority for the detention of the young person or child by a SOCIAL WORKER or in residence under this act until- what has happened?

Answer 9

a) The CHILD OR YOUNG PERSON AGREES TO BE RETURNED TO-
- parent
- guardian
- other person usually having care of them

OR

b)An application is made to the Court for a declaration under section 67 of this Act and the child or young person is brought before the Court for the purpose of determining whether the child or young person is to be held in custody pending the disposal of the application.

OR

c) Where the circumstances of the case indicate that the child or young person is, or may be, in need of care or protection, the expiry of 5 days after the day on which the child or young person was placed in custody, or in any other case, 3 days after that date- which ever occurs first.
* In subsections (1) and (2) of this section the term YOUNG PERSON means a person of or over the age of 14 but under the age of 17.

Question 10

SECTION 208- PRINCIPLES.
Q10(Pg3) Subject to section 5 of this Act, any Court which, or person who, exercised any powers conferred by or under this Part or Part 5 or sections 351 to 360 of this Act shall be guided by what principles?

Answer 10

(a) The principle that, UNLESS the PUBLIC INTEREST REQUIRES otherwise, CRIMINAL PROCEEDINGS SHOULD NOT BE INSTITUTED against a child or young person IF THERE US AN ALTERNATIVE MEANS OF DEALING WITH THE MATTER:

(b) The principle that CRIMINAL PROCEEDINGS SHOULD NOT BE INSTITUTED against a child or
young person SOLELY IN ORDER TO PROVIDE ANY ASSISTANCE OR SERVICES NEEDED TO ADVANCE THE WELFARE of the child or young person, or his or her family, whanau, or family group:
(c) The principle that any measures for dealing with offending by children or young persons should be designed—
(i) To STRENGTHEN the family, whanau, hapu, iwi, and family group of the child or young person concerned; and
(ii) To FOSTER THE ABILITY the of families, whanau, hapu, iwi, and family groups to
DEVELOP THEIR OWN MEANS OF DEALING WITH OFFENDING by their children and young
persons:
(d) The principle that a child or young person who commits an offence SHOULD BE KEPT IN THE COMMUNITY SO FAR AS THAT IS PRACTICABLE AND CONSONANT WITH THE NEED TO ENSURE THE SAFETY OF THE PUBLIC:
(e) The principle that a child’s or young person’s AGE is a mitigating factor in
determining—
(i) Whether or not to impose sanctions in respect of offending by a child or young
person; and
(ii) The NATURE of any such SANCTIONS:
(f) The principle that any sanctions imposed on a child or young person who commits an offence should—
(i) Take the form MOST LIKELY TO MAINTAIN AND PROMOTE THE DEVELOPMENT of the child or young person within his or her family, whanau, hapu, and family group; and
(ii) Take the LEAST RESTRICTIVE form that is appropriate in the circumstances:
(fa)The principle that any measures for dealing with offending by a child or young person
should so far as it is practicable to do so ADDRESS THE CAUSES OF THE UNDERLYING the child’s or
young person’s offending.
(g) The principle that —
(i) in the determination of measures for dealing with offending by children or young persons, CONSIDERATION SHOULD BE GIVEN TO THE INTERESTS AND VIEWS OF THE VICTIMS consideration of the offending (for example, by encouraging the victims to participate in the processes under this Part for dealing with offending); and
ii) any measures should have PROPER REGARD FOR THE INTERESTSOF ANY VICTIMS of the offending and the IMPACT of the offending on them:
(h) The principle that the vulnerability of children and young persons ENTITLES A CHILD OR YOUNG PERSON TO SPECIAL PROTECTION DURING AN INVESTIGATION relating to the commission or possible commission of an offence by that child or young person.

Question 11

SECTION 214- ARREST OF CHILD OR YOUNG PERSON WITHOUT WARRANT.
Q11(Pg4)Subject to Section 214A and Sections 233 and 244 of this Act, where, under any enactment, any enforcement officer has a power of arrest without warrant, that officer SHALL NOT ARREST A CHILD OR YOUNG PERSON pursuant to that power UNLESS THE OFFICER IS SATISFIED, on REASONABLE GROUNDS-
That is necessary to arrest that child or young person without warrant for the purpose of- what?

Answer 11

i) Ensuring their appearance before the court

OR

ii) Prevent them from committing further offences

OR

iii) Prevent the loss or destruction of evidence relating to an offence committed OR that an enforcement officer has REASONABLE GROUNDS TO SUSPECT that child or young person of having committed OR Preventing interference with any witness

——- AND ——-

Where a child or young person may be proceeded against by way of summons, that proceeding by way of summons would not achieve that purpose.

Question 12

SECTION 214- ARREST OF CHILD OR YOUNG PERSON WITHOUT WARRANT.
Q12(Pg4) In what circumstances do these requirements not apply?

Answer 12

The constable has reasonable cause to suspect that the child young person has committed a CATEGORY 4 or CATEGORY 3 OFFENCE for which the penalty available includes IMPRISONMENT FOR LIFE

OR

for at least 14 YEARS

—— AND ——

The constable believes on reasonable grounds that the arrest is in the PUBLIC INTEREST.

Question 13

SECTION 214- ARREST OF CHILD OR YOUNG PERSON WITHOUT WARRANT.
Q13(Pg4) When should a constable furnish a written report to the Commissioner of Police after arresting a a child or young person?

Answer 13

Within 3 days of making the arrest.

Question 14

SECTION 214A- ARREST OF CHILD OR YOUNG PERSON IN BREACH OF BAIL.
Q14(Pg4) When may a constable arrest a child or young person for BREACHING BAIL?

Answer 14

When a child or young person has been released on bail and a constable BELIEVES ON REASONABLE GROUNDS-

i) they have breached a condition of that bail
ii) has on 2 or more previous occasions breached a condition of that bail (WHETHER OR NOT IT IS THE SAME CONDITION)

Question 15

SECTION 214A- ARREST OF CHILD OR YOUNG PERSON IN BREACH OF BAIL.
Q15(Pg5) Authority to arrest under214A must be always obtained by who?

Answer 15

Authority to arrest under 214A must always be obtained from a YOUTH AID SERGEANT in the FIRST INSTANCE,

Or

In their absence a SUPERVISING SERGEANT (OR ABOVE)

Or

A QUALIFIED YOUTH AID OFFICER.

Question 16

SECTION 214A- ARREST OF CHILD OR YOUNG PERSON IN BREACH OF BAIL.
Q16(Pg5) If a constable believes that a child or young person who is arrested under 214A will continue to breach any condition, what action should be taken?

Answer 16

A constable MUST place the child or young person in the custody of the chief executive.

Question 17

SECTION 215- CHILD OR YOUNG PERSON TO BE INFORMED OF RIGHTS BEFORE QUESTIONED BY ENFORCEMENT OFFICER.
Q15(Pg5)Subject to sections 233 and 244 of this Act, every enforcement officer shall, before questioning any child or young person whom there are REASONABLE GROUNDS TO SUSPECT OF HAVING COMMITTED AN OFFENCE,

OR

BEFORE ASKING any child or young person ANY QUESTION INTENDED TO OBTAIN AN ADMISSION of an offence, explain to that child or young person – What?

Answer 17

Section 215 – (1) Child or young person to be informed that

(a) if the circumstances are such that the enforcement officer would have power to arrest the child or young person without warrant, that the child or young person may be arrested if, by refusing to give his or her name and address to the enforcement officer, the child or young person cannot be served with a summons;

and

(b) Subject to subsection (2) of this section, that the child or young person is NOT OBLIGED TO ACCOMPANY the enforcement officer to any place FOR THE PURPOSE OF BEING QUESTIONED, and that IF THE CHILD OR YOUNG PERSON CONSENTS TO DO SO, THAT HE OR SHE MAY WITHDRAW THAT CONSENT AT ANY TIME;

and

(c) That the child or young person is UNDER NO OBLIGATION TO MAKE OR GIVE A STATEMENT;

and

(d) That if the child or young person CONSENTS TO MAKE OR GIVE A STATEMENT, the child or young person MAY WITHDRAW THAT CONSENT AT ANY TIME;

and

(e) That any statement made or given may be used in evidence in any proceedings;

and

(f) That the child or young person is entitled to consult with, and make or give any statement in the presence of, a barrister or solicitor and any person nominated by the child or young person in accordance with section 222 of this Act.

(2) Nothing in paragraph (a) or paragraph (b) of subsection (1) of this section applies where the child or young person is under arrest.

Without limiting subsection (1) of this section, where, during the course of questioning a child or young person, an ENFORCEMENT OFFICER FORMS THE VIEW THAT THERE ARE REASONABLE GROUNDS TO SUSPECT the child or young person of having committed an offence, the enforcement officer shall, BEFORE CONTINUING THE QUESTIONING, GIVE THE EXPLANATION required by that subsection.

Question 18

SECTION 215- CHILD OR YOUNG PERSON TO BE INFORMED OF RIGHTS BEFORE QUESTIONED BY ENFORCEMENT OFFICER.
Q18(Pg6)
Subject to sections 233 and 244 of this Act,

where –
(a) Any enforcement officer is QUESTIONING ANY CHILD OR YOUNG PERSON in relation to that
CHILD’S OR YOUNG PERSONS INVOLVEMENT in the commission of any offence or suspected
offence;

AND

(b) That child or young person makes any enquiry of that enforcement officer, being an
enquiry that relates (in whole or in part), or that may reasonably be taken as relating (in whole or in part), to any of the matters set out in any of paragraphs (a) to (f) of section 215(1) of this Act, –

An enforcement officer shall do what?

Answer 18

That enforcement officer shall EXPLAIN to that child or young person SUCH OF THOSE MATTERS AS, in the CIRCUMSTANCES OF THE PARTICULAR CASE, are APPROPRIATE TO THE ENQUIRY that was made.

Question 19

SECTION 215- CHILD OR YOUNG PERSON TO BE INFORMED OF RIGHTS BEFORE QUESTIONED BY ENFORCEMENT OFFICER.
Q19(Pg6)Subject to sections 233 and 244 of this Act,

where –
(a) An enforcement officer is questioning a child or young person in relation to the
commission or possible commission of an offence by that child or young person;

and

(b) That enforcement officer makes up his or her mind to charge that child or young
person with an offence, –

The should explain what matters?

Answer 19

the enforcement officer shall explain to that child or young person –
(c) Except where the child or young person is under arrest, the matters specified in
paragraphs (a) and (b) of section 215(1) of this Act; and
(d) The matters specified in paragraphs (c) to (f) of section 215(1) of this Act.(SEE BELOW)

(c) That the child or young person is under no obligation to make or give any statement;

and

(d) That if the child or young person consents to make or give a statement, the child or young person may withdraw that consent at any time;

and

(e) That any statement made or given may be used in evidence in any proceedings;

and

(f) That the child or young person is entitled to consult with, and make or give any statement in the presence of, a barrister or solicitor and any person nominated by the child or young person in accordance with section 222 of this Act.

Question 20

Q20(Pg6) Section 218 – Explanations to child or young person should be given in what manner and language?

Answer 20

Every explanation required to be given to a child or young person pursuant to section 215 or section 215A or section 216 or section 217 of this Act shall be GIVEN IN A MANNER and in LANGUAGE THAT IS APPROPRIATE TO THE AGE AND LEVEL OF UNDERSTANDING of the child or young person.

Question 21

(Pg7) Section 219 – Explanations not required if child or young person already informed of rights.

Nothing in section 215 or section 215A or section 216 or section 217 of this Act REQUIRES ANY EXPLANATION TO BE GIVEN to a child or young person if the SAME EXPLANATION has been given to the child or young person NOT EARLIER THAN _________ before the later explanation would, apart from this section, be required to be given.

Answer 21

1 hour.

Question 22

(Pg7) Section 221 – Admissibility of statements made by children and young persons.

Subject to sections 223 to 225 and sections 233 and 244 of this Act, NO ORAL OR WRITTEN STATEMENT MADE OR GIVEN TO ANY ENFORCEMENT OFFICER BY A CHILD OR YOUNG PERSON to whom this section applies IS ADMISSIBLE IN EVIDENCE IN ANY PROCEEDINGS AGAINST THAT CHILD OR YOUNG PERSON for an offence UNLESS- what?

Answer 22

(a) Before the statement was made or given, the enforcement officer has explained in a manner and in language that is appropriate to the age and level of understanding of the child or young person, –

(i) Except where subsection (1)(b)(i) or (iii) of this section applies, the matters
specified in paragraphs (a) and (b) of section 215(1) of this Act;

and

(ii) The matters specified in paragraphs (c) to (f) of section 215(1) of this
Act;

and

(b) Where the child or young person wishes to consult with a barrister or solicitor
and any person nominated by that child or young person in accordance with section 222 of this Act, or either of those persons, before making or giving the statement, the child or young person consults with those persons or, as the case requires, that person;

and

(c) The child or young person makes or GIVES THE STATEMENT IN THE PRESENCE OF ONE OR MORE OF THE FOLLOWING PERSONS:
(i) A BARRISTER or SOLICITOR:
(ii) ANY PERSON NOMINATED BY THE CHILD OR YOUNG PERSON in accordance with
section 222 of this Act:
(iii) Where the child or young person REFUSES OR FAILS TO NOMINATE ANY PERSON
in accordance with section 222 of this Act, –
(A) Any person referred to in paragraph (a) or paragraph (b) of section 222(1) of this Act; or
(B) Any other adult (NOT being AN ENFORCEMENT OFFICER).

Question 23

Section 222 – Persons who may be nominated for the purposes of section 221(2)(b) or (c)

(Pg7) Subject to subsection (2) of this section, a child or young person may nominate one of the following persons for the purposes of section 221(2)(b) or (c) of this Act:

Answer 23

(a) A PARENT OR GUARDIAN of the child or young person:
(b) An ADULT MEMBER OF THE FAMILY, WHANAU, OR FAMILY GROUP OF THE CHILD OR YOUNG PERSON:
(c) ANY OTHER ADULT SELECTED BY THE CHILD OR YOUNG PERSON:
(d) IF THE CHILD OR YOUNG PERSON REFUSES OR FAILS TO NOMINATE ANY PERSON REFERRED in any of paragraphs (a) to (c) of this subsection, ANY ADULT (not being an enforcement officer) NOMINATED FOR THE PURPOSE BY AN ENFORCEMENT OFFICER.

Question 24

Section 222 – Persons who may be nominated for the purposes of section 221(2)(b) or (c)

(Pg8) When may an enforcement officer refuse to allow a child or young person to consult with a nominated person?

Answer 24

Where an enforcement officer BELIEVES, ON REASONABLE GROUNDS, , that any person nominated by a child or young person pursuant to subsection (1)(a) or (b) or (c) of this section, –
(a) If permitted to consult with the child or young person pursuant to section
221(2)(b) of this Act, WOULD ATTEMPT, or would be LIKELY TO ATTEMPT, to PERVERT THE COURSE OF JUSTICE;

OR

(b) CANNOT WITH REASONABLE DILIGENCE BE LOCATED, or WILL NIT BE AVAILABLE WITHIN A PERIOD OF TIME REASONABLE IN THE CIRCUMSTANCES, - that enforcement officer may refuse to allow the child or young person to consult with that person.

That child or young person shall, subject to subsection (2) of this section, be PERMITTED TO CONSULT WITH ANY OTHER NOMINATED by that child or young person pursuant to subsection (1) of this section.

Question 25

(Pg8) What is the duty of a nominated person?

Answer 25

It is the duty of any person nominated

(a) To TAKE REASONABLE STEPS to ENSURE that the child or young person UNDERSTANDS the matters explained to the child or young person under section 221(2)(a) of
this Act; and
(b) To SUPPORT the child or young person –
(i) BEFORE and DURING any QUESTIONING; and
(ii) If the child or young person agrees to make or give any statement,
DURING THE MAKING OR GIVING OF A STATEMENT.

Question 26

Section 223 – Section 221 not to apply where statement made before requirements of that section can be met

(Pg8) Nothing in section 221 of this Act applies to an oral statement made by a child or young person spontaneously and before enforcement officer has had a reasonable opportunity to comply with the requirements of that section.

True or false?

Answer 26

True.

Question 27

Section 229 – Parents or guardians or other persons to be informed where child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or is arrested

Pg8-9)

Subject to sections 233 and 244 of this Act, an enforcement officer shall, in relation to ANY CHILD OR YOUNG PERSON WHO IS AT AN ENFORCEMENT AGENCY OFFICE FOR QUESTIONING IN RELATION TO THE COMMISSION OR POSSIBLE COMMISSION OF AN OFFENCE by that child or young person,

Or

who is at an enforcement agency office FOLLOWING ARREST,

AS SOON AS PRACTICABLE AFTER THE CHILD OR YOUNG PERSON ARRIVES AT THE ENFORCEMENT AGENCY OFFICE FOR QUESTIONING,

Or

is taken to the enforcement agency office FOLLOWING AN ARREST,

Or

In the case of a child or young person who is arrested at an enforcement agency office, is arrested, as the case may be,-

As soon as practicable inform who?

Answer 27

(a) INFORM A PERSON NOMINATED BY THE CHILD OR YOUNG PERSON in accordance with section 231 of this Act THAT THE CHILD OR YOUNG PERSON IS AT THE ENFORCEMENT AGENCY OFFICE FOR QUESTIONING OR HAS BEEN ARRESTED

and that the

CHILD OR YOUNG PERSON MAY BE VISITED AT THE ENFORCEMENT AGENCY OFFICE;

and

(b) Where –
(i) The person nominated by the child or young person for the purposes of
paragraph (a) of this subsection IS NOT A PARENT OR GUARDIAN OR OTHER PERSON HAVING THE CARE OF THE CHILD OR YOUNG PERSON;

Or

(ii) The child or young person REFUSES OR FAILS TO NOMINATE ANY PERSON in
accordance with section 231 of this Act, –
UNLESS IT IS IMPRACTICABLE TO DO SO, INFORM THE PARENTS OR GUARDIANS OR OTHER PERSONS having the care of the child or young person THAT THE CHILD OR YOUNG PERSON IS AT THE ENFORCEMENT AGENCY OFFICE FOR QUESTIONING OR HAS BEEN ARRESTED.

Subject to sections 233 and 244 of this Act, EVERY PERSON WHO IS INFORMED PURSUANT to subsection (1)(a) of this section that a child or young person has been taken to an enforcement agency office or arrested –
(a) Is ENTITLED TO VISIT THAT CHILD OR YOUNG PERSON AT THE ENFORCEMENT AGENCY OFFICE

and

(b) SHALL, SOON AS PRACTICABLE AFTER THAT PERSON ARRIVES AT THE ENFORCEMENT AGENCY OFFICE to VISIT the child or young person, HAVE EXPLAINED TO HIM OR HER BY AN ENFORCEMENT OFFICER, IN LANGUAGE THAT CAN BE UNDERSTOOD BY THAT PERSON, the matters specified in paragraphs (c) to (f) of section 215(1) of this Act; and
(c) Subject to subsection (3) of this section, IS ENTITLED TO CONSULT PRIVATELY WITH THAT CHILD OR YOUNG PERSON DURING THAT VISIT.

(3) NOTHING IN SUBSECTION (2)(c) of this section ENTITLES ANY PERSON TO CONSULT PRIVATELY WITH A CHILD OR YOUNG PERSON (BEING A CHILD OR YOUNG PERSON WHO HAS BEEN ARRESTED)

(a) IN THE ABSENCE OF ANY ENFORCEMENT OFFICER WHO IS FOR THE TIME BEING GUARDING THAT CHILD OR YOUNG PERSON;

or

(b) Otherwise than subject to SUCH REASONABLE CONDITIONS AS MAY BE NECESSARY TO ENSURE THE SAFETY OF THE CHILD OR YOUNG PERSON

or

TO PREVENT THE COMMISSION OF ANY OFFENCE.

Question 28

Section 231 – Persons who may be nominated for the purposes of section 229(1)(a)

(Pg9)
(1) Subject to subsection (2) of this section, a child or young person may nominate WHO for the purposes of section 229(1)(a) of this Act:

Answer 28

(a) A PARENT OR GUARDIAN of the child or young person:
(b) An ADULT MEMBER OF THE FAMILY, WHANAU, or FAMILY GROUP of the child or young person
(c) ANY OTHER ADULT SELECTED BY THE CHILD OR YOUNG PERSON:
(d) If the child or young person REFUSES OR FAILS TO NOMINATE ANY PERSON REFERRED
to in any of paragraphs (a) to (c) of this subsection, any adult (NOT BEING AN ENFORCEMENT OFFICER) NOMINATED for the purpose BY AN ENFORCEMENT OFFICER.
(2) Where an enforcement officer believes, on reasonable grounds, that any person nominated by a child or young person pursuant to subsection (1)(a) or (b) or (c) of this section, if permitted to visit the child or young person pursuant to section 229(2)(a) of this Act, WOULD ATTEMPT, OR WOULD BE LIKELY TO ATTEMPT, TO PERVERT THE COURSE OF JUSTICE, THAT ENFORCEMENT OFFICER MAY REFUSE TO ALLOW THAT PERSON TO VISIT THE CHILD OR YOUNG PERSON.
(3) Where, pursuant to subsection (2) of this section, a person nominated by a child or young person pursuant to subsection (1) of this section is not permitted to visit that child or young person, ANY OTHER PERSON NOMINATED BY THAT CHILD OR YOUNG PERSON pursuant to subsection (1) of this section shall, subject to subsection (2) of this section, PERMITTED TO VISIT THAT CHILD OR YOUNG PERSON pursuant to section 229(2)(a) of this Act.
(4) It is the DUTY OF ANY PERSON NOMINATED pursuant to subsection (1) of this section –

(a) (b)
To take reasonable steps to ENSURE THAT THE CHILD OR YOUNG PERSON UNDERSTANDS THE MATTERS EXPLAINED TO THE CHILD OR YOUNG PERSON under section 221(2)(a) of this Act; and
To SUPPORT THE CHILD OR YOUNG PERSON-
(i) (ii)
BEFORE AND DURING ANY QUESTIONING;

and

If the child or young person agrees to make or give any statement, DURING THE MAKING OR GIVING OF A STATEMENT.

Question 29

Section 233 – Breath-alcohol and blood- alcohol provisions of Land Transport Act 1998 not affected

(Pg10)

Nothing in the provisions of sections 214 to 232 limits or affects the powers of an enforcement officer under any of the provisions of sections 68 to 72 of the Land Transport Act 1998.

True or False?

Answer 29

True.

Question 30

Section 234 – Custody of child or young person following arrest

Subject to sections 235, 236, and 244 of this Act, where a child or young person is arrested with or without warrant, a constable shall—

Take what

Answer 30

a) Release the child or young person;

or

b) Where the child or young person may be released on bail under section 21 of the Bail Act 2000, release the child or young person on bail;

or

c) Deliver the child or young person into the custody of—

(i) Any parent or guardian or other person having the care of the child or young
person;

or

(ii) With the agreement of the child or young person, any Iwi Social Service or
Cultural Social Service;

or

(iii) With the agreement of the child or young person, any other person or
organisation approved by the chief executive or a constable for the purpose.

Question 31

Section 235 - Child or young person who is arrested may be placed in custody of chief executive

Pg10)

Answer 31

(1) Notwithstanding section 234 but subject to section 244, a constable, in relation to any child or young person who has been arrested and if subsection (1A) applies,—
(a) must place the child or young person in the custody of the chief executive in accordance with subsection (2); and
(b) must do so as soon as practicable and not later than 24 hours after the arrest.

1A)This subsection applies if –
(a) the constable believes, on reasonable grounds, that —
(i) the child or young person is NOT LIKELY TO APPEAR BEFORE THE COURT;

Or

ii) the child or young person MAY COMMIT FURTHER OFFENCES;

Or

(iii) it is necessary to PREVENT-
(A) the LOSS OR DESTRUCTION OF EVIDENCE relating to an offence committed by the child
or
young person or an offence that the constable has REASONABLE CAUSE TO SUSPECT the child or young person of having committed;

Or

(B) INTERFERENCE WITH WITNESSES in respect of any such offence;

Or

(b) the child or young person has been ARRESTED UNDER 214A

AND

IS LIKELY TO CONTINUE TO BREACH ANY CONDITION OF BAIL.

(2) A child or young person shall be placed in the custody of the chief executive pursuant to this section by—
(a) Delivering the child or young person to a social worker; and
(b) Presenting to the social worker, on the prescribed form, details relating to—
(i) The identity of the child or young person; and
(ii) The circumstances of the arrest of the child or young person; and (iii) The date and time of the intended appearance of the child or young
person before the Court having jurisdiction in the matter in relation to which the child or young person was arrested.

(3) Placement of a child or young person in the custody of the chief executive under subsection (1) shall be sufficient authority for the detention of the child or young person by a social worker or in a residence under this Act, or under the care of any suitable person approved by a social worker.

(4) No constable shall exercise the power conferred by subsection (1) merely because the constable believes that any child or young person is in need of care or protection (as defined in section 14 of this Act).

Question 32

Section 236 - Young person who is arrested may be detained in Police custody
Pg11)

Under what circumstances can a young person who is arrested, be detained in POLICE CUSTODY?

Answer 32

(1) Notwithstanding the provisions of sections 234 and 235 of this Act but subject to section 244 of this Act, where a SENIOR SOCIAL WORKER and a constable, being a SENIOR SERGEANT or A CONSTABLE WHO IS OF OR ABOVE THE LEVEL POSITION OF INSPECTOR, are SATISFIED on REASONABLE GROUNDS-

(a) That a young person who HAS BEEN ARRESTED IS LIKELY TO ABSCOND

OR

BE VIOLENT;

and

(b) That SUITABLE FACILITIES FOR THE DETENTION in SAFE CUSTODY of that young person are NOT AVAILABLE to the CHIEF EXECUTIVE,—
the young person may, on the JOINT CERTIFICATE in the prescribed form of that SENIOR SOCIAL WORKER and that CONSTABLE, BE DETAINED IN POLICE CUSTODY for a PERIOD EXCEEDING 24 HOURS

and

UNTIL APPEARANCE BEFORE THE COURT.

(2) Where a SENIOR SOCIAL WORKER AND A CONSTABLE ISSUE A JOINT CERTIFICATE under subsection (1) there shall, WITHIN 5 DAYS AFTER THE DAY ON WHICH THE CERTIFICATE IS ISSUED, be FURNISHED BY THE SENIOR SOCIAL WORKER TO THE CHIEF EXECUTIVE and by the CONSTABLE TO THE Commissioner of Police—
L
(a) A copy of the certificate;

and

(b) A written report stating—
(i)The CIRCUMSTANCES in which the certificate came to be issued;

and

(ii) The DURATION PERIOD for which the young person has been DETAINED, or is LIKELY TO BE DETAINED in POLICE CUSTODY.

Question 33

R v Kahu [1995] 2 NZLR 3 (Court of Appeal) – powers under a s 39 warrant
Pg12)

The appellant appealed her conviction on the basis that the finding of the cannabis in the bedroom was a breach of s 21 New Zealand Bill of Rights Act 1990.

Answer 33

In order to form the requisite belief that the child is in an “at risk” position, the holder of the warrant must be entitled to exercise his or her best judgment on the information then available, and to take positive steps to that end. Those steps may appropriately include checking on the physical condition of the child, the living conditions, food supply, and other necessaries available for the child’s wellbeing. This is implicit in the authority to search and the requirement that, having located the child, the person executing the warrant form an independent judgment as to whether the child should be removed or detained. Therefore, IN APPROPRIATE CIRCUMSTANCES, GOVERNED BY CONCERNS FOR THE WELFARE OF THE CHILD, as reflected in the criteria under s 39 Children, Young Persons, and Their Families Act 1989, the holder of a warrant under s 39 MAY CHECK THE SUPPLIES OF FOOD IN THE HOUSE and OPEN CUPBOARDS FOR THAT PURPOSE.

Question 34

Pettus v R
[2013] NZCA 157 Search without Warrant

Pg12)

What was the ISSUE with the removal of the children in PETTUS v R?

Answer 34

Powers available under s 42 Children, Young Persons, and Their Families Act 1989 were not available when the children were removed from the property as IT WAS NOT CRITICALLY NECESSARY TO PROTECT THEM FROM INJURY OR DEATH; and was not within the scope of any implied power related to search under warrant.

THE VERY HIGH THRESHOLD FOR INTERVENTION WITHOUT WARRANT UNDER SECTION42, The very high threshold for intervention without warrant under s 42, namely a BELIEF THAT REMOVAL IS CRITICALLY NECESSARY TO PROTECT A CHILD FROM INJURY OR DEATH, is to be CONTRASTED WITH THE LOWER THRESHOLD FOR INTERVENTION WITH A WARRANT UNDER ss 39 or 40.

Question 35

Police v D
(3 May 2002) YC, Kaitaia, CRN 4229004579, Druce DCJ Detention under s 48

Pg13)

What were the issues in Police v D regarding the youth detention?

Answer 35

COURT FINDINGS.

•Police acted reasonably in taking the youth to the station as an intermediate step
in returning him to his grandmother or, failing her agreement to take him, to his
being placed in the custody of a social worker.
• POLICE FAILED TO CONSIDER THE YOUTH’S INTERESTS IN CHOOSING TO TAKE HIM THROUGH THE SECURE ENTRANCE (cell block area) to the police station, GIVEN THAT HE WAS COOPERATIVE AT THE TIME.
• By taking the youth into the secure area, POLICE DETAINED the youth BEYOND their
LAWFUL AUTHORITY, WHICH WAS TO DELIVER HIM INTO THE CARE OF a parent, guardian or caregiver. The USE OF THE SECURE AREA of the station WOULD ONLY BE JUSTIFIED IN THE EVENT THAT REASONABLE FORCE BECAME NECESSARY TO DELIVER HIM INTO THE CARE OF THE APPROPRIATE PERSON.
• POLICE FAILED TO ASCERTAIN whether the youth PREFERRED TO BE RETURNED HOME OR TO A SOCIAL worker.
• There was NO EVIDENCE THAT POLICE INFORMED THE YOUTH AS TO WHY HE WAS BEING DETAINED, and IT WAS NOT UNLIKELY THAT THE YOUTH CONSIDERED HE WAS UNDER ARREST.
• The police suggestion that further inquiries were necessary indicated that police were blurring the purpose of the youth’s presence in the police station. It was WRONG TO DETAIN THE YOUTH BEYOND THE PURPOSES OF S48 SO AS TO PERFORM AN INVESTIGATION, where police were purporting to RELY ON S 48 FOR THE DETENTION.
• Police had NO NEED TO QUESTION THE YOUTH, AS THEY HAD THE INFORMATION THAT THEY REQUIRED TO RETURN THE YOUTH TO THE APPROPRIATE PERSON

COMMENTS:

•Section 48 of the Act is to be USED FOR THE LIMITED PURPOSE OF RETURNING a child or young person to an appropriate person WHERE THE CHILD OR YOUNG PERSON’S PHYSICAL OR MENTAL HEALTH IS BEING, OR IS LIKELY TO BE, IMPAIRED
•Section 48 ONLY ALLOWS THE POLICE TO ‘TAKE’ THE CHILD OR YOUNG PERSON and WITH THEIR CONSENT RETURN THEM HOME.
•If they do not wish to be returned home then police shall place the child or young person in the ‘custody’ (not in police cells) of the chief executive by delivering them to a social worker.
•The COURTS will take a DIM VIEW WHERE POLICE USE THE SECTION FOR OTHER PURPOSES.
CONSIDERATION SHOULD BE GIVEN TO ARREST, WHERE NECESSARY, BUT MUST BE JUSTIFIED UNDER s 214 of the Act.
• If the child or young person is ARRESTED UNDER. s 214 they can be RELEASED WITHOUT CHARGE under s 234 (a).

Question 36

Police v T-M
(31 January 2002) YC, Whangarei, CRN 1288016733-37, Boshier DCJ
– Arrest guidelines under s 214, s 48

Pg15-16)

POLICE INVOKED S 48 of the CYPF Act and REQUIRED T to RETURN TO THE POLICE STATION WHERE HE WAS INTERVIEWED about the recent burglaries. Approximately 3 weeks later the police went to T’s address. He was INTERVIEWED A SECOND TIME during which a SIGNED STATEMENT WAS OBTAINED, T was then arrested for burglary.

What were the issues regarding his arrest?

Answer 36

1. SECTION 48 SHOULD BOT BE USED by police officers for the sole PURPOSE OF TAKING INTO CUSTODY A CYP who is suspected of having committed a crime. The section is limited in its scope and is meant ONLY TO APPLY TO UNACCOMPANIED CYP’S THAT NEED TO BE PLACED IN A SITUATION OF SAFETY.

2 If a police officer believes that a CYP has committed an offence, ARREST MAY BE CONSIDERED BUT ONLY IF SECTION 214 OF THE ACT WOULD PERMIT IT.
Section 214 provides that a CYP is not to be arrested unless the officer is satisfied on reasonable grounds that the arrest is necessary for:
(i) Ensuring the appearance of the CYP before the Court; or
(ii) Preventing the CYP from COMMITTING FURTER OFFENCES;

or

(iii) PREVENTING the LOSS OR DESTRUCTION OR LOSS OF EVIDENCE

or

PREVENTING INTERFERENCE WITH WITNESSES.
[NB. The section also provides that if the offence committed is PURELY INDICTABLE and the PUBLIC INTEREST REQUIRES AN ARREST BE MADE, then a police officer may arrest a CYP without warrant.]

3 Section 208 of the CYPF Act requires that criminal proceedings SHOULD NOT BE INITIATED UNLESS THERE ARE NO OTHER MEANS of dealing with a matter and any proceedings taken must take the LEAST RESTRICTIVE FORM APPROPRIATE to the circumstances.

4 ………

5 Police MAY NOT ARREST A YOUNG PERSON SIMPLY AS A MEANS OF REQUIRING A YOUNG PERSON TO FACE THE CONSEQUENCES of offending in a Youth Court This is in contrast to adults who may be arrested for this purpose.

6 Generally, unless the CYP is arrested as permitted by section 214, police officers encountering criminal offending by a child or young person must CONSULT A YOUTH JUSTICE COORDINATOR with a view to convening a Family Group Conference BEFORE THE LAYING OF CHARGES in a Youth Court is contemplated. It is one of the ROLES of the FGC to discuss the offending and DECIDE WHETHER INFORMATION SHOULD BE LAID (s 245 CYPF Act).

Question 37

Police v T
[1998] DCR 538 – s 214 and detention in police custody

Pg16-17)

What were the issues found with the detention in Police Custody?

Answer 37

(1) The continuation of the arrest unnecessarily was in breach of the letter and the spirit of s 214 of the Children, Young Persons, and Their Families Act (the Act). While the initial arrest might have been justified by the fact that the defendant was trying to escape, THE TIME-FRAME IN QUESTION MUST BE THE TIME THE TIME BETWEEN THE ARREST AND WHEN THE DEFENDANT COULD BE BROUGHT BEFORE THE COURT. The mere fact that the defendant had other charges and was the subject of a supervision order did not mean that he could be arrested whenever he re- offended. A SINGLE CHARGE OF SHOPLIFTING WAS NOT SUCH AS TO SUGGEST THAT THE DEFENDANT without arrest WOULD CONTINUE SHOPLIFTING OR COMMIT ANY OTHER OFFENCE.

(2) Failure to bring the defendant to Court constituted a breach of the young person’s rights under the New Zealand Bill of Rights Act to have the matter dealt with on the same day. A PERSON DEALT WITH IN THE MORNING OUGHT TO BE DEALT WITH THAT AFTERNOON except possibly in unusual circumstances.

(3) The fact that the young person had SPENT 24 HOURS IN POLICE CUSTODY INCLUDING A NIGHT IN A POLICE CELL WAS A SERIOUS BREACH OF THE LAW. Given the very limited grounds for the Court to remand a young person in police custody under
s 239(2) of the Act, THE POLICE SHOULD BE PARTICULARLY CAREFUL NOT TO HOLD YOUNG PERSONS IN CUSTODY UNNECESSARILY.

Question 38

Elia v R
(2012) 29 FRNZ 27 (Court of Appeal); s 215, s 223

Pg17-18)

What was the issue regarding the ‘215 explanation’?

Answer 38

Section 215 of the CYPFA REQUIRES THAT AN EXPLANATION BE GIVEN “BEFORE THE STATEMENT WAS MADE OR GIVEN”
T’s later explanations did not involve a breach of CYPFA by failing to give the necessary explanations, but rather raised the issue of whether in all the circumstances the obtaining of the later admissions were unfair, given that the first admission was elicited without a s 215 explanation. (para 33)
Para 33 stated:
‘The requirement is that the explanation must have been given “before the statement was made or given”.5
Here, the second, third and fourth admissions were made following the explanations required by s 215. These later admissions do not involve a breach of the CYPFA by failing to give the necessary s 215 explanations, but rather raise THE ISSUE OF WHETHER IN ALL THE CIRCUMSTANCES THE OBTAINING OF THESE LATER ADMISSIONS WAS UNFAIR, GIVEN THE FIRST ADMISSION WAS ELICITED WITHOUT A ‘215 EXPLANATION’.

Question 39

R v K (17 July 2002) unreported, CA 216/02, McGrath, Robertson, Gendall JJ; s 222 and choice of nominated person

Pg18-19)

What were the issues found regarding the choice of the nominated person?

Answer 39

The High Court held that there had been a breach of the Act as K was NOT INFORMED THAT HE WAS NOT OBLIGED TO ACCOMPANY POLICE TO THE POLICE STATION for an interview AND IN THE ABSENCE OF ARREST LEAVE THE POLICE STATION.

A Major MISTAKE IDENTIFIED by the High Court was the FAILURE TO ALLOW K THE OPPORTUNITY TO NOMINATE ANOTHER PETSON after his father was deemed unsuitable.

COMMENT:
When informing a child or young person of their right to have a nominated adult present during an interview, IT IS NOT FOR POLICE TO VETO THEIR CHOICE OF ADULT, UNLESS that person would attempt (or be likely to attempt) to PERVERT THE COURSE OF JUSTICE, see s 222(2)(a), OR CANNOT WITH REASONABLE DILIGENCE BE FOUND,
Or WILL NOT AVAILABLE WITHIN A PERIOD OF TIME THAT IS REASONABLE IN THE CIRCUMSTANCES, see s 222(2)(b).

The POLICE SHOULD ONLY NOMINATE AN ADULT WHEN THE CHILD OR YOUNG PERSON REFUSES TO DO SO, see s 222(1)(d), or when s 222(2)(a) or (b) is satisfied and the child or young person has NO ONE ELSE THAT THEY WISH TO NOMINATE.

Question 40

S v Police
S v Police (14 March 2006) HC, Auckland, CRI-2004-404- 515, Baragwanath and Heath JJ; “Spontaneous admissions”,
s 223

Pg19-21)

What were the issues surrounding the ‘SPONTANEOUS ADMISSIONS’?

Answer 40

High Court decision:

On the first issue, the High Court said it was a question of fact WHETHER A STATEMENT CAN BE CONSTRUED AS ‘SPONTANEOUS’ as ENTIRELY WITHOUT EXTERNAL STIMULUS OR CONSTRAINT.

The Court held that THE OFFER OF IMMUNITY PLAINLY INFLUENCED S’s DECISION TO POINT OUT OUT AND EXPLAIN WHERE THE AGGRAVATED ROBBERIES OCCURRED and, in that sense, his admissions were NOT MADE SPONTANEOUSLY.
The ‘spontaneous’ provisions of section 223 therefore did not provide an exemption from the conditions of admissibility stipulated by section 221(2) (which include the requirement for a statement to be made in the presence of a barrister, solicitor or nominated person).

On the second issue, the High Court found that the NON-SPONTANEOUS ADMISSIONS of aggravated robbery were the EFFECTIVE CAUSE OF THE OFFICER’S CONTINUING INTERVIEW and particularly the part that occurred at the police station when the formal admissions to that aggravated robberies were videotaped. THAT EVIDENCE WAS THEREFORE EXCLUDED ALSO.

Comment:

Staff wishing to RESOLVE CASES BY SEEKING ADMISSIONS and INDICATING AN INTENTION NOT TO CHARGE SHOULD ENSURE that they are very SPECIFIC ABOUT THE BOUNDARIES of that offer.