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CPK 2022 > Chapter 1 OT Act 1989 > Flashcards

Chapter 1 OT Act 1989 Flashcards

1
Q

What’s is section 39?

A

Place of Safety Warrant

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2
Q

Whats is section 42?

A

Search without warrant

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3
Q

What is section 48?

A

Unaccompained child or young person

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4
Q

Who issues a place of safety warrant and why?

A

A District Court Judge or issuing officer if reasonable grounds to suspect child is likely or will likely suffer, neglect, ill treatment, deprivation, abuse or harm.

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5
Q

When can you do a search without warrant (section 42)?

A

If a Constable believes that it is critically necessary to protect a child young person.

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6
Q

How soon do you have to notify the commisoner if excuted a search under section 42?

A

Must notify in writing within 3 days.

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7
Q

When can you enforce section 48?

A

When a child or YP is found without their parent, care giver or guardian and they are in a situation likely to effect their physical or mental health.

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8
Q

What does section 208 refer to?

A

The principals of Youth Justice

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9
Q

What are the four primary considerations for youth justice?

A
  1. Well-being and best interest of the child or Y/P.
  2. Public Interest
  3. Victim Interests
  4. Accountability for their behavior
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10
Q

What does section 208(2)(a) state?

A

Unless public interest states otherwise, criminal proceedings should not be started for a child or Y/P if an alternative resolution is available.

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11
Q

What does section 208(2)(b) state?

A

Criminal proceedings can not be used to provide assistance or services to the child or Y/P

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12
Q

What does section 208(2)(c) state?

A

Any measures used in youth justice should strengthen the family, whanau, iwi and foster ability for the family, whanau, iwi to deal with offending.

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13
Q

What does section 208(2)(d) state?

A

Child or Y/P who commit or are suspects of an offense should remain in the community.

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14
Q

What does section 208(2)(e) state?

A

Age is a mitigating factor in youth justice

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15
Q

What does section 208(2)(f) state?

A

Any sanctions place or child Y/P should maintain and promote the development or that child Y/P and take the least restrictive form.

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16
Q

Section 208(2)(fa) states

A

Any measures used should also address the underlying cause of the offending

17
Q

What does section 208(2)(g) state?

A

The interest and views of the victim should be considered

18
Q

What does section 208(2)(h) state?

A

The vulnerability of the child Y/P entitles them to special protections during an investigation of an offence.

19
Q

What does section 208(3) state?

A

A- reasonable and practical measures should be taken to try and stop/reduce offending/reoffending.
B- referrals made to care, protection and well being services

20
Q

What does section 217 state?

A

Rights to be explained to child or young person who is arrested

21
Q

What’s does section 218 state?

A

Explanations to be given in a manner and language appropriate to the age and level of understanding of the child or young person

22
Q

What does section 214 refer to?

A

The arrest of a child or young person

23
Q

Reason to arrest under section 214?

A
  1. To ensure the appearance of the child young person before the court
  2. To prevent the loss or destruction of evidence
  3. To prevent further offending
24
Q

What does section 214a relate to?

A

The arrest of a young person on bail

25
Q

What is needed to arrest under section 214A?

A
  1. Child or young person is on bail
  2. Child or young person is breaching a bail condition
  3. Child or young person has received 2 or more warnings for breaching a condition of bail.
26
Q

What does section 215 state?

A

Child or young person to be informed of their rights before questioning.

27
Q

What does section 215A state?

A

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

28
Q

What does section 216 state?

A

Enforcement officer to explain rights to child or young person who is to be charged with an offence

29
Q

What does section 219 state?

A

Explanations are not required if child or young person has already been informed of rights within 1 hour.

30
Q

What does section 221 refer to?

A

The admissibility of statements made by child or young person

31
Q

What does section 222 relate to?

A

Nominated person, they can be:

  1. Parent or guardian
  2. Adult family member
  3. Any adult selected by child or young person
32
Q

What does section 223 state?

A

Section 221 does not apply if a spontaneous admission is made

33
Q

What does section 229 state?

A

Parents or guardians or other person nominated by child young person must be informed by enforcement officer when the child or young person is being questioned or has been arrested

34
Q

What does section 223 state?

A

Breath alcohol and blood procedures of the land transport act are not changed for a child or young person

35
Q

What does section 234 relate to?

A

The custody of a child or young person following arrest

36
Q

What does section 235 relate to?

A

Child or young person who is arrested my be placed in custody of chief executive.

37
Q

What reason under section 235 allow you to place in chief executive custody?

A
  1. If child young person not likely to appear before the court.
  2. Child or young person may commit further offenses
  3. Necessary to prevent loss or destruction of evidence
  4. Prevent interference of witnesses
  5. Child or young person arrested under section 214A and likely to continue to breach
38
Q

What does section 236 state?

A

Young person who is arrested may be held in police custody.

39
Q

Reason to hold in custody under section 236?

A
  1. Young person likely to absconded or be violent
  2. Suitable facilities in safe custody are not available to chief executive.

Note young person can only be detained for up to 24 hours to ensure appearance at court and the commissioner must be advise within 5 days

CPK 2022 (11 decks)

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