Chapter 1.1: Youth Justice Flashcards
Can a parent/guardian/N.P visit a CYP in custody?
Yes.
They must have CYP’s rights explained to them as soon as practicable after arrival and are entitled to consult privately with CYP unless CYP being guarded/safety issues/further offending likely
Are EBA procedures affected when it comes to a CYP?
No.
What are the options for custody after K9 of CYP?
Release
Release on bail
Deliver in custody of parents/guardians etc
Or
With CYP permission to any Iwi Social Service/Cultural Social Service
Or
With CYP permission to any other person/organisation approved by Chief Executive.
Where you have K9’s CYP and RGB they may:
- Fail to Appear
- Commit further offending
- Interfere with witnesses/evidence
- Have been K9’d under S214A (bail breach) and likely to continue
What must you do:
Place CYP in custody of Chief Executive as soon as practicable and no later than 24 hours after K9.
Under what circumstances can a CYP be detained in police custody.
If Snr/Sgt or above RGB CYP violent/likely to abscond/no suitable faciliites with Chief Executive.
With issue of joint certificate keep CYP for period longer than 24 hours and until appearance in Court.
Must furnish report to Commissioner within 5 days with copy of certificate and outlining circumstances/duration.
Case Law: R v Kahu
Powers under S.39 warrant
Cannabis found during search of cupboards to check food situation.
Deemed ok for holder of warrant to check food supplies and open cupboards as part of checking welfare of children as reflected under criteria for S.39.
Case Law: Pettus v R
S.42 search without warrant
Parents charged with Meth manufacture etc.
Police and social workers attended and children uplifted.
Held that powers available under S.42 were not available when the children were removed. S.42 is emergency only where danger is serious and imminent.
Case Law: Police v D
Detention under S.48
Youth transported back to station pursuant to S.48. Had previously given his details to other staff which wasn’t passed onto transporting officers. Become stroppy and assaulted police.
Can only use S.48 for taking CYP home or delivering to SW.
Case Law: Police v T-M
Arrest guidelines under S.214 & 48
Police invoked S.48 to take a known Youth offender back to the station for questioning about burglaries.
Police ordered to pay costs for using S.48 for this purpose.
Should consider K9 where appropriate.
If not K9’d, must consult Youth Justice Coordinator with view to convening FGC before charges are laid.
Case Law: Police v T
S.214 and detention in police custody
CYP stole food items and arrested by police officer who happened to be at the supermarket. Was held in custody for over 24 hrs until going to Court.
Procedural errors by police - should be particularly careful not to hold YP in custody unnecessarily.
Case Law: Elia v R
S.215 and 223
E & T charged with Agg Robb and Agg Wounding (stabbing of dairy owner).
Police officer didn’t restate Youth’s rights when there was a change in nominated person.
Should have given rights at home when noticed Youth’s suspicious behaviour.
Rights must be given before the stx was made or given.
Case Law: R v K
Choice of Nominated Person
Failure to allow K the opportunity to nominate another person after his father was deemed unsuitable.
Not for the police to veto a CYP’s choice of adult unless that person would
- attempt/likely to attempt to PCJ
- can’t be found with reasonable diligence
- not available within reasonable time
Police should only nominate an adult where CYP refuses to do so or where NP not available/not found, CYP has no one else they want to nominate.
Case Law: S v Police
Spontaneous Admissions S.223
Youth taken for drive to point out burglary addresses under condition wouldn’t be charged. Admitted involvement in Agg Robb.
Staff wishing to resolve cases by seeking admissions and indicating intention not to charge should ensure they are very specific about the boundaries of that offer.
