Child Youth And Familes

Question 1

Section 48 Child Youth and Familes

Answer 1

Found unaccompanied by a parent or legal guardian or person who usually cares for them.

In a situation where a child’s physical or mental health is likely to be impaired.

Using as much force as necessary take the child or youth take with their consent back to their parent or legal guardian.

If they child or young person does not want to be returned to a parent or legal guardian or no other such person willing or able to have custody of the child.

Place the child into the custody of the chief executive.

Detention until:

• Child or young person agrees to go home
• A care and protection order is made and the child or young person is bought before the court to determine whether the child or young person is held in custody until the disposal of the application.
• In circumstances where the child or young person may need care and protection, then 5 days after they were placed into custody or in any other case 3 days after that date. Which ever occurs first.

Question 2

Young person age

Answer 2

14 years but under 18

Question 3

Section 208 Principles

Answer 3

• Unless public interest applies criminal proceedings should not be conducted
• Criminal proceedings should not be instigated to provide any assistance or services needed to advance the wellbeing of the child.
• Measures for dealing with Youth should be designed to strengthen families and foster the ability for families to develop their own means of dealing with the youth.
• If committed an offence a youth should be kept within the community so long as public safety is ensured.
• A youths age is a mitigating factor in determining whether or not to impose sanctions and the nature of any sanction.
• Sanctions should take take the form of to promote development of the Youth and take the least restrictive for in the circumstances.
• Measures of dealing with the youth should address the causes underlying the issue
• Measures should take in victim consideration
• The vulnerability of the youth entitles them to special protection during any investigation relating to the commission of an offence by that youth.

Question 4

Section 214 WEEP

Answer 4

• Ensure appearance before court
• Prevent further offending
• Prevent loss or destruction of evidence committed by the Child or Young Person
• Prevent interference with any witness if any such offence
• Nothing above prevents a constable from arresting a child or young person if they suspect has committed a category 4 offence or a category 3 offence where the maximum penalty is life imprisonment. OR it’s in the public interest.

Must submit report within 3 days of making the arrest.

Question 5

214 A Child Youth and Families

Answer 5

A constable may arrest with out warrant a Child or Young Person who has been released on bail, has breached that bail and has on 2 prior occasions breached that bail.

Authority to arrest must be obtained from a youth aid sergeant, or in their absence a supervising sergeant or above or a qualified youth aid officer.

Question 6

Section 234 Child Youth and Familes

Answer 6

Subject to sections 235,236 and 244.

Where a Child or Young Person has been arrested a constable shall:

• Release that Child or Young Person.
• Release on Bail
• Deliver that child into the care of a parent of legal guardian.
• Any Iwi or Cultural Service with the agreement of the Child or Young Person.
• Any other organisation approved by the chief executive with the agreement of the Child or Young Person.

Question 7

Section 235 Child or Young Person

Answer 7

A constable in relation to any Child or Young Person who has been arrested must:

• Place into the care of the chief executive as soon as practicable no later than 24 hours after the arrest.

This applies if section 214 and 214 A applies. ( WEEP and Breaches)

Child or Young Person shall be placed into the custody of the Chris executive and provided a 235 form stating their identity, circumstances of arrest and intended appearance date.

Question 8

236 Child or Young Person

Answer 8

A Senior Sergeant or above who believes on reasonable grounds that the:

• Child or Young Person is likely to abscond or be violent
• Suitable facilities for the safe custody of that Child or Young Person are not available to the Chief Executive.

May on joint certificate detain the Child or Young Person for a period exceeding 24 hours until court.

The commissioner of the Police must receive a copy of the Joint Certificate within 5 days after it was issued.

Question 9

238 Child or Young Person

Answer 9

The court shall:

• Release
• Release on Bail
• Order that they be returned to the Parent or Caregiver
• Order they are placed in the custody of the chief executive.
• Order they are placed in Police Custody.

Must consider victim views if 29 offence.