Chapter 1 - CYPF Flashcards
What are some of the conditions of Section 48 – Unaccompanied children and young persons -
With the consent, deliver the child or young person into the custody of a parent or guardian or other person usually having the care of. If no consent given or parent guardian declines to take onus of care then advise Chief executive (OT).
To be held in OT care until young person agrees to be returned.
Application for care & protection - court to determine to stay in custody.
If child needs care & protection. expiry date of 5 days after the day child was taken into custody, in any other case, 3 days after that date – whichever first occurs.
Section 208 – Principles - What are the 4 primary considerations around youth justice.
- unless the public interest requires otherwise, criminal proceedings should not be instituted against a child or young person if there is an alternative means.
- Criminal proceedings should not be instituted in order to provide any assistance or services needed to advance the well-being of the child or young person, or their family, whanau, hapu, or family group.
- measures for dealing with offending by children or young persons should be designed—
(i) To strengthen the family
(ii) To foster the ability of families to develop their own means of dealing with offending
What is Section 214 - WEEP
a. Witnesses - prevent interference
Ensure - appearance in court
Evidence - CADD
Prevent further offending
b. by proceeding with summons would not achieve purpose.
2. Young person commits category 3 or 4 offence with minimum 14 year imprisonment and public interest.
3. Must notify commisioner in 3 days
214A What are the conditions that have to be met for BOB arrest?
may arrest a child or young person without a warrant if
(a) the child or young person has been released on bail; and
(b) the constable believes, on reasonable grounds, that
(i) the child or young person has breached a condition of that bail; and
(ii) the child or young person has on 2 or more previous occasions breached
a condition of that bail (whether or not the same condition).
Authority to arrest under this provision 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.
If arrested under this section and likely to continue to breach then place in OT care.
Section 236 – What conditions must be met when a Young person who is arrested may be detained in Police custody?
A senior sergeant or a constable who is of or above
the level of 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 OT
the young person may, on the joint certificate in the prescribed form of OT
and that constable, be detained in Police custody for a period exceeding 24 hours and
until appearance before the Court.
(2) [If a joint certificate is issued there shall, within 5 days after the
day on which the certificate is issued,
Notification to the Commissioner of Police—
(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.
OT must use a senior employee.
What was the summary of: Police v D (3 May 2002) YC, Kaitaia, detention under s 48
With detention it is reasonable to use a Police Station as an intermediate venue to call parent/s / caregivers but not to be taken into a secure part of the Police Station if they are compliant and arrest under 214 would be more appropriate if so, Courts will not like an abuse of S48 to question or detain with other intentions.
What was the summary of: Police v T-M (31 January 2002) YC, Whangarei Arrest guidelines under s 214
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 from him. T was then arrested for burglary.
Findings:
Section 48 should not be used by police officers for the sole purpose of
taking into custody a CYP who is suspected of having committed a crime. Should be justified under 214.
What was the summary of: Police v T [1998] DCR 538 – s 214 and detention in police custody
Caught shoplifting -supervision order for 17 charges. Held for over 24 hours and arrested to prevent further offending.
Findings:
Couldn’t prove he would offend further - held in custody too long. police should be particularly careful not to hold
young persons in custody unnecessarily.
Releasing the
child or young
person on bail
Bail conditions can be imposed by the Police, but
these conditions should be discussed with, and agreed to, by the person into
whose custody the child or young person is released.
If you decide to release the child or young person on bail, remember that
they will have to appear at an initial court hearing within seven days.
Note: A young person cannot be released on a summons (s245).
Note: You must seek immediate guidance from a Youth Aid officer if you
want to oppose bail of a defendant aged 12-17 years.
Placing a child
or young
person in OT
custody
give details to the social worker in writing (relating to:
the child or young person’s identity
the circumstances of the arrest
the date and time of the intended appearance of the child or young
person before the court.
The 24 hour time limit does not;
allow you to hold the child or young person solely for the purpose of
making further enquiries,
allow you to delay contacting OT solely to keep the child or young
person in Police custody for the maximum period of time.
