Children Flashcards
What must a Constable do if they believe on reasonable grounds that the child or young person is likely to continue to breach any bail condition ?
Place them in the custody of the chief executive in accordance with Section 235 OT Act 1989.
Who must you gain permission from to arrest a child or young person under section 214A?
Youth aid officer or if not available supervising sergeant or a qualified youth aid officer.
Under Scetion 214A when may an officer arrest a child or young person?
- the child or young person has been released on bail and the Constable BELIEVES on REASONABLE GROUNDS that the child or young person has breach a condition of that bail and has on 2 or more previous breached a condition of that bail ( does not have to be the same condition).
What must every officer do who arrests a child without warrant?
Within 3 days of making the arrest furnish a written report to the commissioner of police and state the reason why they were arrested without a warrant.
What offences can you arrest a child or young person without warrant for?
- REASONABLE grounds to SUSPECT committed a cat 4 or 3 offence for which max penalty is or includes imprisonment for life or at least 14 years
- the Constable BELIEVES on REASONABLE GROUNDS that the arrest of the child or young person is required in the public interest.
To arrest a child or young person without a warrant Under section 214 an officer needs to be satisfied on reasonable grounds that?
- to ensure appearance in court
- prevent committing any further offences
- CADD, interference with witnesses and evidence relating to the offence.
- where they may be summoned
If the court exercises a power for the purpose of resolving alleged offending by a child or young person what else does the court or that person need to be guided by apart from subsection 2 and section 5?
- the principal that reasonable and practical measures or assistance should be taken or provided to support the child or young person to prevent or reduce offending or reoffending
- the principal that the child or young person should be referred to care, protection, or well being services under this act if they would benefit them.
Subsection 3 as listed above does not apply to police employee unless they are employed as a specialist in resolving offending
After weighing the 4 primary considerations of section 208 what else must the court or person be guided by in addition to the 5 principles?
- That unless public interest requires, criminal proceedings should not be instituted against a child or young person if there is an alternative.
- criminal proceedings should not be instituted in order to provide services to child or family.
- any measures for dealing with offending should be designed to strengthen family and foster family groups means of dealing with offending by their children.
- should be kept in community as far as practicable and with the need to ensure the safety of the public.
- child or young persons age is a mitigating factor in determining whether or not to impose sanctions in respect to offending and the nature of such sanctions.
- any sanctions placed must maintain and promote the development of the child and take the least restrictive form that is appropriate in the circumstances.
- Any measures for dealing with the child or young person should so far as practicable to do so address the causes underlying the child’s offending.
- consider victims views
- vulnerability entitles the child or young person to protection during investigation to commission or possible commission of an offence.
What are the 4 primary considerations described in section 4A(2)?
What does the term young person mean ?
Over the age of 14 but under 18 years.
How long do you have sufficient authority for detention of the child or young person?
Until the child or young person agrees to be returned to their parent or guardian
An application is made to the court for a care and protect order and they are bought before the court to determine if they are held in custody pending disposal of the application
Where circumstances of the case indicate that the child or young person may be or is in need of care and protection (5 days after was placed in custody or in any other cases 3 days after that date) whichever is first.
What can a Constable do if a child or young person is found unaccompanied by a parent or guardian in a situation which their physical or mental health is being or is likely to be impaired?
Using such force as reasonably necessary, take the child or young person and with consent take home to parent or guardian. If they do not wish to go home and no other options place them in the custody of the chief executive.
What does a Constable who exercises section 42 of OT Act 1989 need to do on first entering somewhere?
Produce evidence of identity and disclose that those powers are being exercised.
What can a Constable do under section 42 of the Oranga Tamariki Act 1989?
Any Constable that BELIEVES on REASONABLE grounds that it is critically necessary to protect a child or young person from injury or death may;
Enter and search, by force if necessary any dwelling, building, aircraft, ship, carriage, vehicle, premises or place
Remove or detain, by force if necessary, the child or young person and place them in the custody of the chief executive.
What can a person executing a warrant under section 39 of OT Act 1989 do?
Enter and search, by force if necessary, any dwelling house, building aircraft, ship carriage, vehicle, premises or place if they BELIEVE on REASONABLE grounds that the child or young person has or is likely to suffer I’ll treatment, neglect, abuse, serious deprivation or serious harm.
They can remove or detain, by force if necessary the child or young person and place the child in the custody of the chief executive or if the child is in hospital direct the medical superintendent to keep that child in hospital.
