Child & Young Persons Flashcards
Persons suitable as nominated persons:
- nominated by police if refuse to nominate
- parent or guardian
- adult member of what au
True
If makes a spontaneous admission, it can be admissible but caution immediately
True
CYP must understand in interview that:
- they don’t have to say anything but if they do they can change their mind
- police are obliged to tell their parents
- they can consult privately with a nominated person and/or lawyer
True
A person who may attempt too pervert the course of justice is not suitable to be nominated person
True
Giving advice that CYP is not under arrest:
“You may be arrested if you refuse to give your name and address. You are not obliged to accompany me but if you consent, you can withdraw that consent at any time. Do you understand?”
True
Section 218 CYPS Act is when cautioning, ensure all advice is given and provided in a language that the CYP understands
True
Police must advise the nominated person of the CYPS rights prior to the interview
True
If CYP does not speak English, give them their rights to gain an understanding
True
Always inform CYPS parent of arrest/detainment
True
Caution youth before asking any questions
True
Section 215 CYP Act:
If reasonable grounds to suspect that CYP committed offence or before asking the CYP any questions intended to gain an admission of offence, you must caution
True
If nominated person is out of the district, advise them if the situation and enquire on their availability
True
You need more from the CYP than just them affirming too “do you understand” too meet responsibilities of CYP
True
If nominated person cannot be located then ask for another
True
Explain the context to the nominated person and allow them time alone to discuss with the CYP
True
