Chapter 1 Oranga Tamariki Flashcards
Section 39 of the Oranga Tamariki Act
Place of Safety warrants
What is a Section 39 - Place of Safety Warrant?
1)A District Court Judge (or IO if no judge available) receives a written application is satisfied there are RGTS a CYP is suffering, or likely to suffer ill treatment, neglect, deprivation, abuse or harm may issue a warrant authorising any Constable or the chief executive to search for the CYP
1A Can be executed by a social worker if issued to the chief executive
2) Application can be made by police or chief executive
3) Person executing the warrant can enter & search (with force if needed) any dwelling house, building, aircraft, ship, carriage, vehicle, premises or place if that person believes on reasonable grounds that the CYP has suffered, is likely to suffer, ill treatment, serious neglect, abuse, serious deprivation, or serious harm
Can remove or detain with force if necessary the CYP & place into OT custody
If CYP is in hospital direct the medical superintendent to keep them in hospital.
What is Section 42 of the OT Act?
Search without warrant
What is Section 42 - Search without warrant?
(1) any constable who believes on reasonable grounds that is is critically necessary to protect a CYF from injury or death may without warrant,-
(a) enter and search (force if necessary) any dwelling house, building, aircraft, ship, carriage, vehicle, premises or place
(b) remove or detain (force if necessary) the CYF and place them in the custody of the chief executive
Section 42 OT Act - search without warrant. What are Police obligations if this is used?
Produce evidence of identity
Disclose the powers being exercised under this section
Report to commissioner within 3 days
What does Section 48 of the OT Act relate to?
Unaccompanied children and young persons
What are your powers under Section 48 of OT Act - unaccompanied CYP?
Child is unaccompanied in a situation where the physical or mental health is being, or likely to be impaired a constable may, using force if necessary take the CYP and;
With their consent, deliver them to the custody of a parent/caregiver or
If they don’t consent or no parent/caregiver is willing to have custody of the CYP place the CYP in the custody of OT.
They can be detained with OT until they agree to be returned home or their parent/caregiver agrees to have them home or
An application is made to the court for a care and protection order or
5 days after they were placed in custody
What age is a child
Under 14 years old
What age is a young person?
Aged 14 - 17 years old
What does Section 208 of the OT Act relate to?
Relates to the guiding principals the court or person must follow in relation to CYP.
Section 208 - Principals to follow (there are 9)
1) Unless it’s in the public interest criminal proceedings should not be instituted if there is an alternative means to deal with it
2) criminal proceedings shouldn’t be commenced in order to provide assistance or services to the CYP & their families.
3) any measures for dealing with the offending should strengthen family & foster family to develop their own means of dealing with the offending
4) the CYP should be kept in the community provided the public is safe
5) the CYPs age is a mitigating factor in deciding whether to impose sanctions and the nature of the sanctions.
6) any sanctions should maintain & promote the development of the CYF within their family & be the least restrictive form that is appropriate
7) measures for dealing with the offending should address the causes of the offending
8) when determining measures for dealing with offending victims views should be considered & measures should have regard for the interests & impact of the offending against the victims
9) the vulnerability of CYF entitles them to special protection during any investigation.
Section 214 of the OT Act
Arrest of child or young person without warrant
Section 214 of OT Act - arrest of CYP without warrant.
What must you be satisfied of, on reasonable grounds before you can arrest?
That it’s necessary to arrest to;
1) ensure appearance in court
2) prevent further offending
3) prevent loss/destruction of evidence
4) prevent interference with witnesses
And a summons won’t achieve this purpose
5) category 4 offence or cat 3 offence where max penalty is life imprisonment or at least 14 years jail & it’s in the public interest to arrest
Section 214 OT Act - arrest without warrant
If you arrest what are your responsibilities?
Written report to commissioner with the reason for arrest *youth
Section 214A of the OT Act
Arrest of CYP for breach of bail
