Chapter 1 OT Act 1989

Question 1

What’s is section 39?

Answer 1

Place of Safety Warrant

Question 2

Whats is section 42?

Answer 2

Search without warrant

Question 3

What is section 48?

Answer 3

Unaccompained child or young person

Question 4

Who issues a place of safety warrant and why?

Answer 4

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.

Question 5

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

Answer 5

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

Question 6

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

Answer 6

Must notify in writing within 3 days.

Question 7

When can you enforce section 48?

Answer 7

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.

Question 8

What does section 208 refer to?

Answer 8

The principals of Youth Justice

Question 9

What are the four primary considerations for youth justice?

Answer 9

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

Question 10

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

Answer 10

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

Question 11

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

Answer 11

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

Question 12

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

Answer 12

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

Question 13

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

Answer 13

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

Question 14

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

Answer 14

Age is a mitigating factor in youth justice

Question 15

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

Answer 15

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

Question 16

Section 208(2)(fa) states

Answer 16

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

Question 17

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

Answer 17

The interest and views of the victim should be considered

Question 18

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

Answer 18

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

Question 19

What does section 208(3) state?

Answer 19

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

Question 20

What does section 217 state?

Answer 20

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

Question 21

What’s does section 218 state?

Answer 21

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

Question 22

What does section 214 refer to?

Answer 22

The arrest of a child or young person

Question 23

Reason to arrest under section 214?

Answer 23

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

Question 24

What does section 214a relate to?

Answer 24

The arrest of a young person on bail

Question 25

What is needed to arrest under section 214A?

Answer 25

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.

Question 26

What does section 215 state?

Answer 26

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

Question 27

What does section 215A state?

Answer 27

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

Question 28

What does section 216 state?

Answer 28

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

Question 29

What does section 219 state?

Answer 29

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

Question 30

What does section 221 refer to?

Answer 30

The admissibility of statements made by child or young person

Question 31

What does section 222 relate to?

Answer 31

Nominated person, they can be: 1. Parent or guardian 2. Adult family member 3. Any adult selected by child or young person

Question 32

What does section 223 state?

Answer 32

Section 221 does not apply if a spontaneous admission is made

Question 33

What does section 229 state?

Answer 33

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

Question 34

What does section 223 state?

Answer 34

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

Question 35

What does section 234 relate to?

Answer 35

The custody of a child or young person following arrest

Question 36

What does section 235 relate to?

Answer 36

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

Question 37

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

Answer 37

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

Question 38

What does section 236 state?

Answer 38

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

Question 39

Reason to hold in custody under section 236?

Answer 39

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