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SMCT44 - Study notes > Children and Young Peoples Well-Being Act, 1989, Oranga Tamariki Act 1989 > Flashcards

Children and Young Peoples Well-Being Act, 1989, Oranga Tamariki Act 1989 Flashcards

Youth Justice and Care & Protection

1
Q

Forms to use for informing parents

A

POL388 and POL388A

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2
Q

What is a POL388A?

A

Information sheet for adults for supporting a C/YP

  • prior to interview N.P should have a COPY
  • police must EXPLAIN the contents and N.P role
  • completed, signed and attached to FILE
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3
Q

Ages of a Young Person?

A

A person of or over the age of 14years but under the age of 18years.

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4
Q

Is there a criminal liability for a child under 10yrs?

A

No

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5
Q

Is there a criminal liability for a child 10 - 11yrs?

A

Yes, for Murder or Manslaughter ONLY offences

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6
Q

Is there a criminal liability for a child 12 - 13yrs?

A

Murder, Manslaughter or any offences with a maximum penalty of 14yrs

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7
Q

Is there a criminal liability for a young person 14 - 16yrs?

A

Fully liable. Dealt with by Youth Court, Youth Aid Services or Family Group Conference

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8
Q

Is there a criminal liability for a young person 17+yrs?

A

Dealt with as an adult

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9
Q

What are the 5 options available when dealing with a C/YP?

A

1) Warn
2) Report to YAS/FGC
3) Arrest
4) Summons
5) Do nothing!

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10
Q

S.4 (f)

Acts main principles

A
  • held ACCOUNTABLE and to accept responsibility for their behaviour
  • acknowledges their needs and gives them the opportunity TO DEVELOP IN A RESPONSIBLE, BENEFICIAL AND SOCIALLY ACCEPTABLE WAY
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11
Q

S.8

Decisions significantly affects the C/YP

A
  • MUST INFORM parent, guardian or care giver as soon as practicable
  • Information should be GIVEN ORALLY and in WRITING about what the C/YP had done and actions taken by the Constable
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12
Q

S.9

Manner they understand

A

C/YP RESERVES THE RIGHT TO BE SPOKEN TO in a manner that they understand

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13
Q

S.214

W.E.E.P

A

Arrest can be made if the C/YP will:

  • Witness interference
  • Ensure court appearance
  • Exhibit loss or destruction (Conceal, Alter, Destroy, Damage)
  • Prevent further offending
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14
Q

Obligations to S.214?

A

Must notify the Commissioner within 72hrs/3days of the YP’s arrest

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15
Q

Exceptions to S.214?

A
  • Category 3 and 4 offences

- EBA

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16
Q

S.214 (a)

B.O.B

A

A Constable may arrest a C/YP if:

  • released on bail
  • breached a condition
  • 2 previous breaches
17
Q

Approval is required to arrest a C/YP under S.214(a) from whom?

A
  • YAS
  • Supervising Sgt
  • Youth Aid Officer OR arrest for B.O.B only if you can justify that arrest under S.214 W.E.E.P
18
Q

S.215 Informed of their rights before questioning

R.A.D.B.A.D

A
  • RGTB they committed an offence
  • ASK the C/YP when they enquire about their rights
  • DECIDE to charge
  • BEFORE questioning to obtain admission
  • ARREST
  • DURING questioning when GCTS
19
Q

Exceptions to S.215

A
  • Rights explained within the last hour (S.219)
  • Immigration Act (S.244)
  • EBA process (S.233)
20
Q

S.218

Language and manner they understand

A

C/YP’s Rights/caution must be explained to them in a manner and language that is APPROPRIATE TO THEIR AGE AND LEVEL OF UNDERSTANDING

21
Q

S.4, Evidence Act 2006 states?

Statement means?

A
  • SPOKEN AND WRITTEN ASSERTION by a person of any matter

- NON VERBAL CONDUCT of a person that is intended by that person as an assertion of any matter

22
Q

S.221 - 226 relate to informal statements

A
  • the ADMISSIBILITY in court of statements made by a C/YP
23
Q

S.222

N.P

A
  • may NOMINATE A SUPPORT PERSON (parent, legal guardian, adult member of the family or any adult) before giving a statement or interview
  • Police will provide A LIST OF N.P
  • CANNOT be an Enforcement Officer unless the officer is a parent/legal guardian of the C/YP
24
Q

S.222 (2)

Who cannot be a N.P?

P.U.N.C.A

A

If they are likely to…

  • PERVERT the course of justice
  • UNDER the age of 20yrs
  • NOT available in a reasonable time
  • CANNOT be reasonably located
  • AN Enforcement Officer
25
Q

Delegation change for ‘social worker’

A

Replaced with ‘chief executive or with ‘delegate’.

SMCT44 - Study notes (21 decks)

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