Chapter 1.1 CYPF Flashcards
CYPF
Outline S.39 Place of safety warrants
A warrant can be issued if reasonable grounds to suspect a CYP is suffering from ill treatment, neglect, deprivation, abuse or harm.
Can enter/search by force to locate CYP & deliver to CE.
Outline S.42 Search without Warrant
Constable with RGB it is critically necessary to protect CYP may enter/search/by force to remove & detain by force if necessary CYP and place in custody of CE.
Shall produce ID & powers being excercised
Shall report to Commissioner within 3 days
Outline S.48 Unaccompanied CYP
CYP found unaccompanied where physical/mental health at risk a Constable may (by force if necessary) with consent of CYP take back to caregiver, OR if no consent or if caregiver unwilling then deliver to custody of CE.
Outline S.208 YJ Principles
(a) Unless public interest cp should not be instituted against CYP if theres an alternate way of dealing with matter
(b) cp should not be instituted if solely to advance c&p issues.
(c) any measures to deal with offending should be designed to strengthen f/w/h/i & foster f/w/h/i to develop own ways of dealing with offending.
(d) CYP to be kept in community as far as practical.
(e) age is a mitigating factor when imposing sanctions & the nature of sanctions.
(f) any sanctions should maintain & promote development of CYP within f/w/h/i & take least restrictive form.
(fa) any measures should deal with underlying causes.
(g) consideration should be given to views & impact of victim
(h) vulnerability of CYP entitles CYP to special protection during any investigation,
Outline S.214 Arrest without warrant
(1) Cant K9 CYP unless:
- ensure appearance in court
- prevent further offences
- prevent loss/destruction of evidence & RCS any interference with witnesses & that a summons would not achieve the same.
(2) Can K9 CYP if RCS committed Cat 4 or Cat 3 offence with more that 14 yrs imp and the arrest required in public interest.
(3) Shall do a *youth report and state reason for K9.
Outline S.214A Arrest for BOB
Can K9 CYP if RGB CYP has 2 x BOB or more, regardless if same condition.
Must obtain authority to K9 from YAS Sgt, NCO or qualified YAO.
Outline S.215 CYP BOR
Shall before questioning a CYP explain:
(a) that you could be K9 if you refuse to provide name & address.
(b) that not obliged to accompany (if not already K9) & if you consent to do so, you can withdraw that consent
(c) No obligation to make or give any statement
(d) can withdraw consent to make a statement at any time.
(e) that any statement may be used in evidence.
(f) that entitled to speak to a lawyer or nominated person.
If during questioning you form a view that CYP has committed an offence than issue BOR again before continuing,
Outline S.215A Rights to be explained
Shall provide an explanation when a CYP seeks any clarification of S.215.
Outline S.221 Admissibility of Statements
No statement is admissible unless:
(a) BOR given in language appropriate to age/understanding of CYP
(b) made in presence of lawyer/nominated person or if CYP refuses/fails to nominate a parent/guardian/adult member of family or another adult (not Police)
Outline S.222 Persons who may be nominated & their duties
- parent/guardian
- adult member of family/whanau
- any other adult selected by CYP
- any other adult (not police) if CYP fails/refuses to nominate
Police may refuse a nominated person if RGB that person may/would pervert course of justice OR with reasonable diligence can not be located.
Duty of nominated person to ensure CYP understands what is happening during and before any questioning/statement.
Outline S.223 Spontaneous admissions
S.221 does not apply to any spontaneous admission made before an officer has had reasonable opportunity to give BOR
Outline S.229 Parents/guardians to be informed
As soon as practicable after arrival at station/arrest police to notify perwson nominated by CYP that CYP to be questioned/arrested and that CYP may be visited, AND
if nominated person is not parent/guardian then unless impracticable inform parents/guardian.
Every person that is informed is
- entitled to visit CYP & consult privately
- shall have explained to them in appropriate language S215 c-f
- nothing entitles any person to consult privately if CYP is guarded by police or any reasonable condition to revent commission of a crime.
Outline S.231 Persons who may be nominated by CYP to be told CYP in custody
- parent/guardian
- adult member of family
- any other adult selected by CYP
- if CYP fails/refuses to nominate then a person selected by police
Police can refuse to inform if RGB person is likely to pervert course of justice.
Outline S.234 Custody of CYP following arrest
Shall:
- release CYP
- release on bail
- deliver CYP into custody of parent/guardian/caregiver
- Iwi Social Service (if CYP agrees)
- any other person or organisation approved by CE or police (if CYP agrees)
Outline S.235 CYP may be placed in custody of CE
CYP can be placed in custody of CE no later that 24 hrs after arrest, IF Police have RGB
- CYP not likely to appear in Court
- CYP may commit further offences
- necessary to prevent loss/destruction of evidence
- interference with witnesses
- CYP has been arrested under S214A and is likely to continue to breach
deliver CYP to CE with prescribed form.