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CPK > Chapter 1: OT > Flashcards

Chapter 1: OT Flashcards

1
Q

Who can issue a place of safety warrant?

A

Any district Court Judge, or if no district Court Judge is available, any issuing officer.

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2
Q

On application for a place of safety warrant, what must be satisfied?

A

There are reasonable grounds to suspect a child or young person is suffering, or is likely to suffer, ill-treatment, neglect, deprivation, abuse, or harm.

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3
Q

What does a place of safety initially allow any person executing the warrant to do?

A

Enter and search, by force if necessary, any dwelling house, building, vehicle, aircraft etc premises or place

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4
Q

What can you do if a person searching under a place of safety warrant believes on reasonable grounds that the child or young person has suffered or is likely to suffer ill-treatment, serious neglect, abuse, serious deprivation or serious harm? What about if they’re in a hospital?

A
  • Remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive
  • if in a hospital, direct the Medical Superintendent of that hospital to keep that child or young person in that hospital
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5
Q

What section is the Place of Safety Warrant?

A

Section 39

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6
Q

Under what circumstances under section 42 of the OT act can a constable search without a warrant?

A

If they believe on reasonable grounds that it is critically necessary to protect a child or young person from injury or death

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7
Q

What does section 42 allow a constable to do when searching?

A

Enter and search, by force if necessary, any dwelling house, vehicle etc and remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive

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8
Q

What must a constable do when first entering the premises to search under section 42?

A
  • Produce evidence of identity
  • Disclose that those powers are being exercised under this section
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9
Q

After exercising section 42 powers, how long does the constable have to forward the Commissioner a written report?

A

Within 3 days

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10
Q

What satisfies using section 48?

A

The child or young person is found unaccompanied by a parent or guardian in a situation in which their physical or mental health is being or likely to be impaired

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11
Q

What may a constable do under section 48?

A

With consent - deliver the child or young person into the custody of a parent or guardian or other person usually having care of them.

If they do not wish to be returned to them, or no parent or guardian is willing to take them, they must be placed in the custody of the chief executive (OT).

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12
Q

Who is the chief executive under the Oranga Tamariki Act?

A

OT

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13
Q

At what point does OT not have sufficient authority for the detention of a child/young person?

A
  • The child or YP agrees to return to their parents/guardian or the parents/guardian agree to have them
  • An application is made to the court for a care and protection order and they are brought to court to determine whether they are to be held in custody
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14
Q

What is deemed a young person under OT?

A

Over 14 but under 18

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15
Q

Under section 208 what are some of the principles guiding the court or person when taking criminal proceedings?

A
  • Unless public interest requires, a youth should be dealt with by alternative means
  • Should not be instituted against a youth to provide assistance or services to the youth or whanau
  • Methods of dealing with youth should be designed to strengthen whanau
  • Youth should be kept in the community so far as practicable
  • The youths age is a mitigating factor in determining whether to impose sanctions and their nature. The sanctions need to be the least restrictive appropriate and maintain and promote their development
  • Any measures foe dealing with youth offending should address underlying causes
  • Interests and views of the victim are to be considered as well as their interests
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16
Q

When a youth is arrested under section 214 - how long does a constable have to notify the commissioner of the arrest?

A

Within 3 days of the arrest

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17
Q

When can Police arrest a youth when breaching bail?

A

When they have breached bail and had two or more previous breaches.

18
Q

Who gives authority to arrest a youth breaching bail?

A

Youth Aid Sgt, or if not available, supervising Sgt or a qualified Youth Aid Officer

19
Q

What is section 215 of the OT Act?

A

Child or young person to be informed of their rights before being questioned

20
Q

What is 215A of the OT Act?

A

Rights to be explained to a child or young person on request

21
Q

What is section 216 of the OT Act?

A

Enforcement officer to explain rights to a youth who is charged with offence

22
Q

What is section 218 of the OT Act?

A

Rights to be given in a manner and language appropriate to age and level of understanding of youth

23
Q

What is section 219 of the OT Act?

A

An officer does not need to give rights to a youth if they have already been given them within the hour.

24
Q

What deems a youth statement admissible?

A
  • Rights given in a manner they understand
  • If the youth wishes to consult a lawyer or nominated person before making a statement - they are allowed to do so
  • The youth gives the statement in the presence of a lawyer or nominated person
25
Q

What section covers the admissibility of youth statements?

A

Section 221 of OT Act

26
Q

Who may be a nominated person?

A
  • Parent or guardian
  • Adult member of the family
  • If they refuse or fail to Nominate any person, someone nominated by police
27
Q

When can Police refuse to allow a nominated person?

A

If they are likely to pervert the course of justice, or if they cannot reasonably be located or available within a period of time

28
Q

What is section 222 of the OT Act

A

Persons who may be nominated persons

29
Q

What is the duty of a nominated person?

A

To take reasonable steps to ensure the youth understands the matters explained to them and to support them before and during questioning.

30
Q

What is section 223 of OT Act?

A

If the child has made a spontaneous statement prior to the rights being given, section 221 does not apply

31
Q

If a youth has been taken into custody for questioning what must Police do when they arrive in custody?

A
  • Inform a person nominated by the youth that they are at custody for questioning or been arrested, and that they may be visited there
  • If the person nominated is not a parent or the youth refuses to nominated, parents or guardians must be informed unless it is impracticable
32
Q

What must an informed person be advised after being told a youth is in custody?

A

That they can visit the youth, that the youth does not have to make a statement and they can consult and make a statement in the presence of them and/or a lawyer, and they can consult privately

33
Q

Does the nominated person consulting privately with the youth mean that Police cannot be around?

A

No. Police do not have to leave them alone if they are in charge of guarding them.

34
Q

What is section 229 of the OT Act?

A

Where the parents or guardians are to be informed of the youth being brought in for questioning or arrested.

35
Q

What is section 233 of the OT Act?

A

During Breath Alcohol procedures, sections 214 -232 are not necessary and the youth is to be dealt with in accordance to the LTA 1998

36
Q

Under section 234 of the OT Act, what must a constable do after arresting a youth with or without warrant?

A
  • Release them
  • Bail them
  • Deliver them onto the custody of parents, iwi/cultural social service, any other person or OT (with their agreement)
37
Q

What is section 235 of the OT Act?

A

It covers off what must be done if a child is to be put into OT Custody after arrest.

Section 214 or 214A must be satisfied.

38
Q

Under section 235 of the OT Act what must be done when placing the youth into OT Custody?

A

They must be delivered to OT and the delegate, on the prescribed form, must be provided with the youths identity, circumstances of arrest, and the date and time the youth has court

39
Q

How long do Police have to place a youth under the custody of OT?

A

As soon as practicable and no later than 24 hours after arrest.

40
Q

What powers does section 236 of the OT Act give?

A

If OT and a Senior Sgt or a above are satisfied that the youth is likely to abscond or be violent and there are no suitable facilities available to OT, the youth may be detained in Police Custody exceeding 24 hours until appearing in court.

41
Q

How long and what does OT and the Senior Sgt have to provide the Commissioner with the joint certificate to extend the youths time in police custody?

A

Within 5 days after the certificate is issued.

Must be a copy of the certificate, and a written report stating the circumstances and duration of time the youth is to be detained in police custody

CPK (2 decks)

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