Children and Young Peoples Well-Being Act, 1989, Oranga Tamariki Act 1989 Flashcards
Youth Justice and Care & Protection
Forms to use for informing parents
POL388 and POL388A
What is a POL388A?
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
Ages of a Young Person?
A person of or over the age of 14years but under the age of 18years.
Is there a criminal liability for a child under 10yrs?
No
Is there a criminal liability for a child 10 - 11yrs?
Yes, for Murder or Manslaughter ONLY offences
Is there a criminal liability for a child 12 - 13yrs?
Murder, Manslaughter or any offences with a maximum penalty of 14yrs
Is there a criminal liability for a young person 14 - 16yrs?
Fully liable. Dealt with by Youth Court, Youth Aid Services or Family Group Conference
Is there a criminal liability for a young person 17+yrs?
Dealt with as an adult
What are the 5 options available when dealing with a C/YP?
1) Warn
2) Report to YAS/FGC
3) Arrest
4) Summons
5) Do nothing!
S.4 (f)
Acts main principles
- 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
S.8
Decisions significantly affects the C/YP
- 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
S.9
Manner they understand
C/YP RESERVES THE RIGHT TO BE SPOKEN TO in a manner that they understand
S.214
W.E.E.P
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
Obligations to S.214?
Must notify the Commissioner within 72hrs/3days of the YP’s arrest
Exceptions to S.214?
- Category 3 and 4 offences
- EBA
S.214 (a)
B.O.B
A Constable may arrest a C/YP if:
- released on bail
- breached a condition
- 2 previous breaches
Approval is required to arrest a C/YP under S.214(a) from whom?
- 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
S.215 Informed of their rights before questioning
R.A.D.B.A.D
- 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
Exceptions to S.215
- Rights explained within the last hour (S.219)
- Immigration Act (S.244)
- EBA process (S.233)
S.218
Language and manner they understand
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
S.4, Evidence Act 2006 states?
Statement means?
- 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
S.221 - 226 relate to informal statements
- the ADMISSIBILITY in court of statements made by a C/YP
S.222
N.P
- 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
S.222 (2)
Who cannot be a N.P?
P.U.N.C.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
Delegation change for ‘social worker’
Replaced with ‘chief executive or with ‘delegate’.
