Child young persons and their families act 1989

Question 1

explain s.214 (1)

Answer 1

s. 214
(1) an officer should not arrest a cyp unless satisfied on reasonable grounds:
(a) it is necessary:
(i) to ensure appearance before the court
(ii) prevent further offending.
(iii) prevent destruction of evidence or interference with witnesses.
(b) and proceeding by summons will not achieve those purposes.

Question 2

explain s.214 (2)

Answer 2

(2) (a) cat 3 or cat 4 offence OR the penalty is 14 years to life. AANNDD
(b) in the public interest.

(3) in the case or an arrest of a cyp the officer must furnish a report to the commissioner within 3 days.

Question 3

explain s.214 (3)

Answer 3

(3) in the case or an arrest of a cyp the officer must furnish a report to the commissioner within 3 days.

Question 4

explain the 5 instances where rights under s.215 must be given

Answer 4

1) When a CYP is arrested
2) when there are RGtoS an offence
3) When questioning a CYP intended to obtain an admission
4) when during questioning the officer forms RGtoS an offense has been committed
5) When the CYP makes an enquiry about their rights

Question 5

What must happen when a CYP is arrested and then charged

Answer 5

s.215 rights must be given at time of arrest and time of charge.
Parent/guardian/nominated person must be informed of arrest and then given notice of charges laid.

Question 6

explain s.218

Answer 6

rights must be given in a manner and language appropriate to age and understanding of the CYP.

Question 7

explain s.223

Answer 7

a spontaneous admission may be admissible if it is given before an officer has had reasonable opportunity to comply with s.221:

1) CYP rights not yet explained
2) CYP has not had opportunity to confer in private with solicitor/nom person.
3) statement is not made in presence of 1 or more acceptable witnesses.

Question 8

explain s222

Answer 8

Nominated person
a CYP may elect the following persons;
1) parent or guardian, 
2) adult member of whanau or family
3) Any other adult nominated by them
4) if the CYP fails or refuses to nominate the above a person nominated by the officer.
MUST be over 20yrs
officer can refuse a nominated person if the have RGB they will pervert the course of justice or with reasonable diligence they cannot be located or be available within a period of time reasonable in the circumstances.

Question 9

explain doli incapax

Answer 9

a child <10 is presumed to be incapable of evil and therefore not criminally liable for an offense.

a child between 10<13 is presumed to incapable of evil and therefore not liable unless it can be proved they new the act or omission was wrong or contrary to law.

in this case the presumption would need to be rebutted.

Question 10

how can proof of doli incapax be provided

Answer 10

1) Childs actions before and after offence
2) type and seriousness of the offence
3) statments
4) previous misconduct
5) lay person evidence
6) medical evidence

Question 11

explain s.215 rights

Answer 11

(1) if there is reasonable grounds to suspect the CYP has committed an offence
(a) that they may be arrested if they refuse to provide their name and address.
(b) not obliged to accompany the officer unless they are under arrest, and if they consent to do so they can withdraw at any time.
(c) not obliged to make a statement
(d) If they consent to make a statement they can withdraw consent at any time.
(e) any statement they make will be used in court proceedings
(f) they can consult with and have present a lawyer or person nominated by you before giving a statement.