Chapter 1 - OT and Family Harm Flashcards
Section 39 (OT Act) - Place of safety warrants. Any person executing a search warrant to search for any child or young person may:
Enter and Search by force if necessary +Any dwelling etc. + RGB that the CYP is likely to suffer ill treatment, serious neglect, abuse, deprivation, or serious harm + Remove or Detain + Place in the custody of the chief executive (OT) (if the child is in hospital direct the medical superintendent to keep that child in hospital).
Section 42 (OT Act) - Any Constable who believes on reasonable grounds that it is critically necessary to protect a CYP from injury or death may without warrant.:
Enter and search by force if necessary + Any dwelling etc. + Remove or Detain by force, if necessary, any CYP from that place into the custody of the chief executive (OT)
Section 42 (OT Act) - Every Constable who exercises any powers conferred by subsection 1 shall.:
A. Produce evidence of identity and
B. Disclose that the powers are being exercised under this section.
Section 42 (OT Act) - A Constable who exercises the power of section 1 shall report when and to whom?
Within 3 days after the day on which the power is exercised. They must forward a report to the commissioner of Police on the exercise of the power and the circumstances.
Section 48 of the OT act - Where a CYP is found unaccompanied, and their physical or mental health is being or likely to be impaired a Constable may take the child or young person and:
WITH CONSENT FROM THE CHILD return them to their parent or guardian
Section 48 of the OT Act - If the CYP does not consent to being returned to their parent or guardian what should the Constable do?
Place the CYP in the custody of the chief executive (OT)
Section 48 of the OT Act - How long can the CYP be detained for by the cheif executive? Answer three parts 2 (a), (b), (c).
a. When the CYP agrees to being returned to their parent or guardian and the parent or guardian is willing.
b. An application is made to the court for a care and protection order.
c. Where the circumstances of the case indicate that the child or young person is or may be in need of care or protection the expiry of 5 days after the day of which the CYP was placed in custody OR in any other case 3 days after that date, whichever occurs first.
What age is a young person (OT act)?
14 - 17 years old
A person of or over the age of 14 years but under the age of 18.
Section 214 (OT Act). What are the 4 principles that must be satisfied before arresting a CYP?
Witness (Prevent interference with)
Evidence (Prevent loss/destruction)
Ensure court
Prevent further offending
Section 214 (OT ACT)
Nothing prevents a Constable arresting a CYP if they have committed which offences?
Category 3 or 4 offence for which the maximum penalty available is or includes life imprisonment or 14 years AND the Constable believes the arrest is required in the public interest.
Section 214 A (OT ACT)
A constable may arrest a CYP who has been released on bail and the believe on reasonable grounds that they have breached their bail on how many occasions?
The CYP has on 2 or more occasions breached a condition of that bail. It does not have to be the same condition.
Section 214A (OT ACT)
Who must you get approval from before arresting a CYP for breach of bail?
YAS, supervising sergeant or above OR a qualified youth aid officer.
Section 215 (OT ACT)
An officer has reasonable grounds to suspect that a CYP has committed an offence. Wat can the officer do if the CYP refuses to provide their name and address?
Arrest. The CYP needs to be fairly informed of this consequence if they refuse to provide their name and address.
when is an enforcement officer not required to explain their rights to the CYP when they are being questioned about an offence?
Section 216 (OT ACT)
(c) Except where the CYP is under arrest and their rights have already been explained.
When is an explanation not required if the CYP has already been given their rights?
Not earlier than;
A. 1 hour
B. 2 hours
C. 3 hour
D. 4 hours
A 1 hour
Section 222 - OT ACT - nominated person
Who may a CYP use as a nominated person?
a) Parent or guardian
b) Adult member of the family
c) any other adult
d) Any adult nominated by an enforcement officer (If the CYP has not nominated a person)
Section 222 - OT Act - nominated person
When can an officer refuse to allow the CYP to consult with that person?
a) If that person would attempt to pervert the course of justice
b) Cannot with reasonable diligence be located or will not be available within a period of time that is reasonable.
Section 229 OT ACT - informing parents/guardians
A parent/guardian is entitled to visit the CYP at the enforcement agency. What must be explained to the parent/guardian as soon as practicable?
c) That the CYP has no obligation to make a statement
d) That if the CYP consents to provide a statement they may withdraw consent at any time.
e) That any statement may be used as evidence in court
f) That the CYP is entitled to consult a lawyer, or any other person nominated by the CYP.
Section 235 - OT ACT
How long can a CYP be held in police custody??
No longer than 24 hours unless the chief executive and a senior sergeant or inspector or above are satisfied on reasonable grounds that:
a) The CYP is likely to abscond or be violent.
b) That suitable facilities are not available.
A report should be completed within 5 days to the commissioner of Police.
You go to a house to act on place of a safety warrant with a social worker. Are you allowed to enter the house and search cupboards to inspect the living conditions of the CYP?
Yes. The holder of the warrant may enter and check cupboards in the house for the purpose of checking the food supply and living conditions relating to the Childs well-being.
(R v Kahu)
