Chapter 1: OT Flashcards
Section 48(1) - OT Act (Unaccompanied child or YP)
Child or young person is found unaccompanied
In a situation which the child or young person’s physical or mental health is being, or is likely to be impaired
Constable may take the child or young person and -
(a) WITH consent of child, deliver child into custody of parent, guardian or other person usually having the care of the child, or
(b) If -
NO consent to be returned to parent/guardian etc, or NO parent, guardian etc willing or able to have custody
Place the child or young person in the custody of the chief executive by delivering to Oranga Tamariki
Section 48(2) - OT Act (Unaccompanied child - detention periods)
Placement of a child or young person in the custody of the chief executive shall be sufficient authority for the detention until -
(a) Child or young person AGREES to being returned to parent, guardian or person usually having care who is willing to have care, or
(b) Application is made to the court Court for a care and protection order, and the child or young person is brought before the court, or
(c) The expiry of 5 days after the day on which the child/young person was placed in custody, or in any other case, 3 days after that date - whichever occurs first
“Young person” - Care and Protection
A person over the age of 14years but under the age of 18years
Section 208 - OT Act (Youth Justice principles)
(a) Criminal proceedings should not be instituted against a child or young person (unless public interest requires) if there is an alternative means of dealing with
(b) Criminal proceedings should not be instituted in order to provide assistance or services
(c) Measures for dealing with offending by children/young person should be designed to -
(i) strengthen the family/whanau of the child/young person, and
(ii) foster the ability of families to develop their own means of dealing with offending by child/young person
(d) Child/young person should be kept in the community (where practicable - public safety)
(e) Child/young person’s age is a mitigating factor in determining -
(i) whether or not to impose sanction, and
(ii) the nature of any such sanctions
(f) Any sanctions imposed should -
(i) Take form most likely to maintain and promote their development, and
(ii) Take the least restrictive form appropriate in the circumstances
(fa) Any measures for dealing with offending should address the causes underlying the offending
(g) In the determination of measures for dealing with child’s offending, consideration should be given to the interests and views of any victim, AND any measures should have regard for victim’s interests and impact of the offending on the victim
(h) Vulnerability of children/young person entitles them to special protection during any investigation
Section 214 - OT Act (Arrest of child/YP without warrant)
Officer shall not arrests a child/YP without warrant unless satisfied on reasonable grounds -
It is necessary to arrest without warrant for the purpose of -
(a) Ensuring appearance before the court, or
(b) Preventing child/YP from committing further offences, or
(c) Preventing the loss of destruction of evidence OR preventing interference with any witness
AND
Proceeding by way of summons would not achieve that purpose
Section 214(2) - OT Act (Arrest without warrant)
Nothing in subsection (1) prevents a Constable from arresting a child/YP without warrant on a charge of any offence where -
(a) RGTS child/YP has committed a category 4 offence OR a category 3 offence where maximum penalty is life imprisonment or at least 14yrs
AND
(b) RGTB the arrest is required in the public interest
Section 214 - notification / report
Submit a report (notification) to the Commissioner within 3 days of child/YP arrest.
Report
- Why child/YP arrested without warrant
Section 214A - OT Act (arrest of child/young person - breach of bail)
May arrest a child/YP without warrant if -
(a) Child/YP has been released on bail, AND
(b) RGTB -
(i) Child/YP has beached a condition of that bail, AND
(ii) Child/YP has on 2 or more previous occasions breached a condition of that bail (whether or not same bail condition)
Law Note - section 214A
Authority to arrest under s214A must always be obtained from a Youth Aid Sergeant in the first instance, or in their absence, a supervising Sergeant or a qualified Youth Aid officer
Section 234 - OT Act (custody of child following arrest)
Where a child/YP is arrested with or without warrant, a Constable shall -
(a) Release the child/YP, or
(b) Release the child/YP on bail (where applicable), or
(c) Deliver the child/YP into the custody of -
(i) Parent/guardian/other person having care of the child/YP, or
(ii) With agreement of child/YP, any Iwi Social Service or Cultural Social Service, or
(iii) With agreement of child/YP, any other person or organisation approved by the chief executive or a constable
Section 235 - OT Act (child/YP arrested may be placed in custody of chief executive)
Child/YP has been arrested and subsection (1A) applies, a Constable -
(a) MUST placed the child/YP in the custody of the chief executive, and
(b) Must do so as soon as practicable and not later than 24 hours after the arrest
Section 235(1A) - OT Act (subsection 1A)
If the Constable has RGTB that -
(i) Child/YP is not likely to appear before the court, or
(ii) Child/YP may commit further offences, or
(iii) it is necessary to prevent -
(A) loss of destruction of evidence, or (B) interference with any witness, or
or the child/YP has been arrested under 214A and is likely to continue to breach any condition of bail
Section 235(2) - OT Act (placing person into custody of OT following arrest)
A child/YP shall be placed in the custody of the chief executive by -
(a) Delivering the child/YP to OT (chief executive), and
(b) Presenting to OT on prescribed form details relating to -
(i) ID of child/YP
(ii) Circumstances of the arrest
(iii) Date and time of the intended appearance before Court
Section 236 - OT Act (young person arrested may be detained in Police custody)
Where the chief executive and a constable, being a Senior Sergeant or a constable who is of or above the level of Inspector, are satisfied on reasonable grounds -
(a) YP who has been arrested is likely to abscond or being violent, AND
(b) Suitable facilities for the detention of the YP are not available to the chief executive
The YP may be detained in Police custody for a period exceeding 24 hours and until appearance before court (on issue of joint certificate)
Section 236(2) - OT Act
(Joint certificate requirements)
Within 5 working days after the issue of the joint certificate,
(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 YP has been detained, or is likely to be detained, in Police custody
Constable to the Police Commissioner
