Chapter 1 Children, Young Persons And Their Families And Family Harm

Question 1

Section 48 (Oranga Tamariki Act 1989)

Answer 1

Unaccompanied children and young persons

Question 2

Section 208 (Oranga Tamariki Act 1989)

Answer 2

Principles - 4 primary considerations

Public interest, maintain and promote development, address the underlying issue, interest of the victim

Question 3

Section 214 (Oranga Tamariki Act 1989)

Answer 3

Arrest of child or young person without warrant

Question 4

Section 214A (Oranga Tamariki Act 1989)

Answer 4

Arrest of child or young person in breach of bail condition

Question 5

Section 234 (Oranga Tamariki Act 1989)

Answer 5

Custody of child or young person following arrest

Question 6

Section 235 (Oranga Tamariki Act 1989)

Answer 6

Child or young person who is arrested may be placed in custody of chief executive (within 24hr)

Question 7

Section 236 (Oranga Tamariki Act 1989)

Answer 7

Young person who is arrested may be detained in Police Custody - Chief and Senior Sgt satisfied YP who has been arrested is likely to abscond or be violent. and Suitable facility is not available

Question 8

Section 238 (Oranga Tamariki Act 1989)

Answer 8

Custody of child or young person pending hearing

Question 9

Case: Police v D

Answer 9

Detention under section 48
Private property, unlawfully present with alcohol and drunk. Taken to station by another officer, agitated and punched officer in the face.
Failed to consider youths interest and taking him home. Not held in police cell if they do not want to go home.

Question 10

Case: Police v T-M

Answer 10

Section 214 - arrest
Burglaries in Whangarei. Located youth in the early hours. S48 and station. Interviewed about burgs. Three weeks later charged.
Can not use s48 to take youth into custody.
s214 - WEEP.

Question 11

Case: Police v T

Answer 11

S214 detention
14yr old leaves superette with stolen biscuits and chips. Arrest and place into police custody, charged with shoplifting. Brought to court over than 24hrs. This is a breach of law.

Question 12

Case: Police v CG

Answer 12

Section 214 and 236
TP 14yr, CG 16yr charged with aggravated robbery.
Pink wallet stolen, located down the street. Questioned their involvement. Denied
Constable took photos and details
Based on the description, they were involved. They were both arrested for robbery, taken to the station, detaind for 36hrs without police opposition by youth court on mondy.
Police - Prevent interference with witness
result -detained longer than 24hrs and WEEP was not meet.

Question 13

Releasing a child or young person on bail

Answer 13

Section 21 bail act.
Must be discussed and agreed to by the person into who’s custody the child or young person is released into.
Must be signed by both
Court within 7 days

Question 14

Placing a child or young person in OT custody

Answer 14

In chief Executive OT as soon as practicable, no later than 24hrs after arrest.

• Child not likely to appear in court or
• may commit further offending.
• The loss or destruction of evidence relating to the offence
• interference with witnesses

Police must deliver to social worker and give details in writing (child identity, circumstance of arrest and date and time of appearance)

Question 15

Holding in Police Custody

Answer 15

No provision for keeping child in Police custody longer than 24 hrs

Unless - joint certificate has been obtained and signed by the Chief Executive of OT and Senior Sgt.
- YP is likely to abscond or be violent
- Suitable OT Facilities are not available.
Commissioner within 5 days, POL 236 and Certificate

Question 16

Family Harm Principles

Answer 16

Early intervention
Culturally Appropriate
Safety
Collecting risk information
Accountability
Working collaboratively

Question 17

Police Safety Orders

Answer 17

Immediate order issued by a qualified constable (section 63 Policing act)
2hrs -detain
24 - 10 duration
48 - serve

Child - special circumstances (16-17). Approval from senior sergeant and OT (214 does not apply when arrested for breach of PSO.

24hr-48 PAR is checked

Question 18

Protection Orders

Answer 18

Surrender firearms

Question 19

Joint Certificate

Answer 19

Over 24hrs Arrested/custody - OT and Senior Sgt prior to 24hrs (within 5 days >commissioner)

(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 of the period for which the young person has been detained, or is likely to be detained, in Police custody.

Question 20

Police Employees and FH

Answer 20

Code of conduct
Normal police response applies and shift supervisor refer to welfare.

Charged employee -Shift supervisor, District Employee Practice manager and Police Professional conduct manager - District commander or national manager.