Chapter 1: Oranga Tamariki

Question 1

S48 Unaccompanied C & YP: What must circumstances must exist?

Answer 1

1. when a child or young person is found unaccompanied

2. in a situation which their physical/mental health is being or is likely to be impaired

Question 2

S48 Unaccompanied C & YP: When can you deliver the child or young person to parent or guardian or other person usually having care of the child or young person
and when would this not be allowed?

Answer 2

You can when - with the consent of the child or young person you can deliver them into the custody of such person.

It is not allowed if - the child of young person does not consent OR there is no parent or guardian or other such person willing or able to have custody

Question 3

S48 Unaccompanied C & YP: Where do you deliver the child if a parent, guardian or other such person is not allowed?

Answer 3

in the custody of the chief executive by delivering the child or young person to the chief executive.

Question 4

S48 Unaccompanied C & YP: Placement of a child in the custody of chief executive is until

Answer 4

1. they agree to be returned to the parent or guardian or other such person usually having care of the CYP who is willing to care for the CYP.
2. an application is made to the Court for the a care and protection order and the CYP it is bought before the court for this purpose
3. when the circumstance indicate the CYP is in need of care and protection, the expiry of 5 days after the day the CYP was placed in custody or in any other cases 3 days after that date.

• whichever occurs first

Question 5

S48 Unaccompanied C & YP: What does the term YP mean?

Answer 5

Of or over the age of 14 but under the age of 18.

Question 6

S208(c) - Principles: What measures are designed to do what when dealing with offending by C or YP? (2)

Answer 6

• Strengthen the family

- Foster the ability of the families, to develop their own means to deal with offending CYP.

Question 7

S208 - Principles - List 6 Principles from this section.

Answer 7

1. Unless in public interest - criminal proceedings should not be initiated.
2. Criminal proceedings should not be initiated solely to provide assistance or any services to help child.
3. Support to strengthen the family and to foster the ability of families to develop their own means of dealing with offending C or YP.
4. Keep offending child in community only if public is safe.
5. CYPs age is a mitigating factor in determining sanctions
6. Sanction take the form most likely to promote development of CYP within whanau.
7. the vulnerability of CYP entitles that CYP to special protection during any investigation relating to commission of offence by that CYP

Question 8

S214 - K9 CYP without warrant: Police shall NOT arrest C or YP unless satisfied on reasonable grounds that it is necessary to K9 CYP for the purpose of what?

Answer 8

1. Ensure appearance to court
2. Prevent further offending
3. Prevent destruction of evidence
4. Prevent interference with witnesses
   and
   SUMMONS WOULD NOT ACHIEVE THAT PURPOSE

Question 9

S214 - K9 CYP without warrant: A constable can arrest a CYP on a charge of any offence when what two things apply?

Answer 9

• C or YP committed a Category 3 or 4 offences which includes life or 14 years imprisonment.
• RGTB the arrest is in the public interest

Question 10

S214 - K9 CYP without warrant: What are the obligations of the arresting officer?

Answer 10

Shall furnish a written report within 3 days of making arrest to the Commissioner of Police.

Question 11

S214 - K9 CYP without warrant: What must the report to the Commissioner of Police include?

Answer 11

Must state the reason why the CYP was arrested without warrant

Question 12

S214A - K9 CYP in BOB conditions: You may arrest a CYP who is on bail if the officer RGTB what?

Answer 12

1. C YP has breached a condition of that bail

2. CYP has on 2 or more previous occasions breached a condition of that bail (whether or not the same condition).

Question 13

S214A - K9 CYP in BOB conditions: Who approves the authority to K9 a CYP for BOB ?

Answer 13

1. Youth Aid Sgt or, their absence, Supervising Sgt or qualified Youth Aid Officer.

Question 14

S234 - Custody of CYP following K9: When CYP K9 what 3 things can an officer do with the CYP?

Answer 14

1. Release CYP
2. Release CYP on bail
3. Deliver to : Parent or guardian or other such person
   Deliver to: Iwi Social Services or Cultural Social Service (with consent of CYP)
   Deliver to: other person or organization approved by chief executive or a constable (with consent of CYP0

Question 15

S235 - CYP who is K9 may be placed in custody of chief executive in what time?

Answer 15

as soon as practicable and not later than 24 hours after the arrest

Question 16

S235 - CYP who is K9 may be placed in custody of chief executive: if a CYP has been K9 and is to be delivered to the care of a Social Worker what details must be given to the Social worker?

Answer 16

• the identity of CYP
• Circumstances of the arrest
• Date and time of the court appearance

Question 17

S236 - YP who is K9 may be detained in Police Custody if a Snr Sgt or Inspector is satisfied on reasonable grounds that the YP K9 will:

1. what?
2. and there is no what?
3. what documents needs to be issues and when?
4. what action can be taken?

Answer 17

1. YP is likely to abscond or be violent
2. Safe facilities not available.
3. Issues Joint Cert - within 5 days after day cert issues.
4. Detain in Police Custody period exceeding 24 hours and until appearance before Court.

Question 18

Releasing the CYP on bail conditions: When will they have to appear at an initial court hearing?

Answer 18

Within 7 days