Chapter 1: OT

Question 1

s39

Answer 1

Place of safety warrants.

Has or is likely to sudfer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm-

Question 2

s42

Answer 2

Search without warrant

Any constable who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death, may without warrant-

Also produce evidence of identity and disclose that those powers are being exercised under this section.

Within 3 days forward the Commissioner of Police a written report.

Question 3

s48

Answer 3

Unaccompanied children and young persons

Unaccompanied by parent/guardian, in a situation which the child’s physical or mental health is being or is likely to be impaired-

Take the child without consent and deliver ti parent/guardian unless-

The child does not with to return or no parent/guardian is willing or able-

Place into the custody of the chief executive and deliver to him through his delegate.

Question 4

Young Person

Answer 4

Person of or over 14 but under 18

Question 5

s214

Answer 5

Arrest of child without warrant

Do not arrest a child unless satisfied, on reasonable grounds-

That it is necessary to arrest without warrant for purpose of 1, ensure appearance at court 2, prevent further offending 3, prevent loss ir destruction of evidence or interference with witness

Does not include cat 4 and 3 offences for which 14 years imprisonment OR belief on reasonable grounds it is required in the public interest

Within 3 days of arrest write report with reason for arrest

Question 6

s214a

Answer 6

Arrest of child in bail breach

Can arrest without warrant if-

The child has been released on bail AND they have had 2 previous occasions of breach conditions of THAT bail (regardless of which condition)

Authority to arrest under this provision must always be obtained from a Youth Aid Sgt or in their absence, supervising Sgt or qualified Youth Aid officer

If belief on reasonable grounds the child is likely to continue to breach any condition, must place chile in custody if Chief Executive

Question 7

When do you read a child their rights

Answer 7

When questioning them - ensure aware they do not have to accompany, if able to be arrested that they are aware that will occur if details not provided, any consent given can be withdrawn

When they are arrested

When they request them or information about the case

All rights to be given in a manner and language appropriate to the age and level of understanding of the individual

No explanation needs to be given if child not earlier than 1 hour before the explanation would be required again

Question 8

Child written or verbal statements

Answer 8

Only admissible if-

Before statement, officer gave appropriate rights AND child consults with nominated person or solicitor/barrister if they wish to do so AND they are in the presence of at least one of: 1, barrister or solicitor 2, any nominated person 3, a suitably nominated person where the child refuses to provide one

HOWEVER it is admissible if oral statement made by child spontaneously and before officer has reasonable opportunity to complete above requirements

Question 9

Custody of child following arrest

Answer 9

If belief of offending, appearance, bail breaches etc, must place in custody of delegate of the chief executive as soon as practicable but no later than 24 hours after the arrest HOWEVER-

They shall no do this for the purposes of care and protection AND-

A Snr Sgt and above can, if satisfied on reasonable grounds the arrested child is likely to abscond or violent and the facility for detention is not safe and available, detain child in Police custody for a period exceeding 24 hours and until appearance before the court

Within 5 days after the day in which the certificate is issued, a copy if this and a written report to be provided to commissioner of Police