Children, Young Persons and their Families Act 1989 Flashcards
What is the criminal responsibility of a child at certain ages?
Child 10+ years - murder or manslaughter
Child 12-13 years - if the offence is one other than the above for which the maximum penalty is or includes imprisonment for life or at least 14 years.
Child 12-13 years with previous offence - 10 years maximum imprisonment but less than 14 years.
What is section 8 of Children, Young Persons and their Families Act 1989?
If a police officer takes any action or
Makes any decision
That significantly affects that child or young person
The officer shall inform as soon as practicable of
The officers action and the reasons for them
To any parent, guardian or person having the care of the child or young person.
The information can be given orally and, where practicable, should be in writing.
What is section 9 of Children, Young Persons and their Families Act 1989?
Section 9 details people’s rights to receive information in a language they understand.
When should you explain section 218 rights to a child or young person?`
- When there are reasonable grounds to suspect the child or young person has committed an offence
- Before asking the child or young person questions intended to obtain an admission of an offence
- When, during questioning, the officer forms reasonable grounds to suspect the child or young person has committed an offence.
- When, during questioning, the officer has decided to charge the child or young person.
- On arresting the child or young person.
- Where the child or young person being questioned makes any inquiry relating to the explanation of rights. The police officer must explain any of those matters as may be appropriate to the inquiry. No explanation need be given if the same explanation has been given in the last hour.
What are the section 218 rights, in particular SWEEN?
S - not obliged to make a Statement
W - you may Withdraw consent at any time
E - your statement can be used as Evidence
E - you are Entitled to a lawyer
N - you may have a Nominated person present during questions.
Explain your powers of arrest under 214, and the provisions of section 214. (WEEP)
NO ARREST OF CHILDREN AND YOUNG PERSONS
Unless the officer is satisfied on reasonable grounds that it is necessary to arrest to:
*Witness protection and prevent interference
*Ensure appearance in court
*Evidence
*Prevent further offences occurring
EXCEPTIONS:
If the arrest is for a category 4 offence and the arrest is required in the public interest OR the arrest is necessary to carry out breath/blood-alcohol provisions of the Land Transport Act 1998.
What are the rules around the admissibility of a statement?
No statement made by a child or young person is admissible
UNLESS
Rights/Caution explained
AND
Child or young person allowed to consult with solicitor and/or nominated person if they wish to
AND
Statement made in presence of (one of the following):
- Lawyer and/or
- person nominated by child or young person
Police may disallow certain persons in certain circumstances.
Explain PUNCA in relation to objecting to a nominated person
P - the nominated person is likely to Pervert the course of justice
U - Under the age of 20
N - Not be available within a reasonable period of time
C - Cannot, with reasonable diligence, be located by police
A - nominated person is an Enforcement officer.
What is the paramount principal of CYPS Act 1989 (Section 6)
The welfare and interests of the child or young person shall be the first and paramount consideration.
What is section 42? (you’re in the poo)
Any member of the police who believes on reasonable grounds
That it is CRITICALLY NECESSARY to protect a child or young person from injury or death
May without warrant ENTER and SEARCH, by force if necessary
Dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place
AND
REMOVE or DETAIN by force if necessary the child or young person
AND
Place the child or young person in the custody of the CYFS.
What are your stat obligations under section 42?
1) must produce identity
2) State they are using section 42 of the CYPF Act 1989
3) Inform commissioner within 3 days.
What is section 39? (just in time)
Any person authorised by warrant under this section to search for any child or young person may
ENTER and SEARCH by force if necessary
Dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place
If they believe on reasonable grounds that the CYP has suffered OR is likely to suffer ill-treatment, serious neglect, abuse or serious harm
REMOVE or DETAIN the child or young person using force if necessary
PLACE The child or young person in the custody of CYFS.
What is section 48? (out to late)
Where a child or young person is
FOUND BY POLICE UNACCOMPANIED by a parent, guardian or other person who usually cares for them
In a situation in which their physical or mental health is being or is likely to be impaired
A member of the police by using reasonable force TAKE the child or young person
With their consent DELIVER them into the custody of a parent, guardian or other person.
If no consent is given or caregivers are unwilling to take them
PLACE the child or young person in the custody of CYPFS.
What is the summary offences act 1989 Section 10B offence?
Being a parent or guardian or person having the care of a child under the age of 14 years
Leaves that child
Without making reasonable provision for the supervision and care of the child
For a time that is unreasonable or under conditions that are unreasonable having regard to all the circumstances.
