Children young persons and their families act 1980

Question 1

Section 208 youth justice principle

Answer 1

Criminal proceedings should not be instituted against a child or young person if there are alternative means of dealing with the matter.

Family, whanau, Hapu,iwi groups to develop their own way of dealing with cyp offenders

Measures of dealing with the cyp must take into due regard the victims interests

Question 2

Section 4: main principles

Answer 2

For child or young person to be held accountable and encouraged to accept responsibility for their behaviour
And
They are dealt with in a way that acknowledges their needs.

Question 3

Section 6:paramount principle

Answer 3

The welfare and interests of the CYP are the first and paramount considerations

Question 4

Section 22: nominated persons

Answer 4

Parent/ caregiver
Any other adult over 20 years
can also be extended family

Question 5

Police can refuse nominated persons if:

Answer 5

Are likely to pervert the course of justice or,
Cannot with reasonable diligence be located or,
Nominated person would not be available within a reasonable period of time
Under 20 years old

Question 6

In admissible statements

Answer 6

Rights/ cautions are not read
Was not able to speak to a lawyer and/or nominated person
Statement was taken without nominated person/lawyer present

Question 7

Section 214: powers to arrest

Answer 7

An officer must believe in reasonable grounds that the arrest is necessary to prevent:
W-witness prevent interference gain protection
E- ensure appearance in court
E- evidence prevent the CADD of evidential material
P- prevent further offending

Question 8

Exceptions to section 214:

Answer 8

If the offence is a category 4 and it is in the public interest
Or
The arrest is necessary to carry out breath/blood alcohol provisions.

Question 9

Section 215: rights and cautions

Answer 9

Must be given when questioning to gain an admission
On arrest
When questioning and got enough evidence to charge
RGTS they have committed the offence
While questioning gain RGTS they have committed the offence

Question 10

Section 218:

Answer 10

Rights and information must be explained in a manner the CYP can understand

Question 11

Section 8:

Answer 11

Parents/ guardians have the right to be informed of any action taken or decision made that significantly affects their children. Submitted written or orally or by registered mail.

Question 12

Criminal liability

Answer 12

Under 10 years- not criminally liable
10-12years liable for murder/manslaughter
12-13 years- max penalty life or over 14years imprisonment
12-13 years reoffender- accountable for a crime where max penalty ranges from 10-14years max.
14years+ criminally liable

Question 13

Ages if CYPS

Answer 13

A child is a: boy or girl under the age of 14

A young person is: a boy or girl over the age of 14 but under 17

Question 14

Section 209 warnings

Answer 14

Consider whether a warning would be sufficient when thinking about criminal proceedings against a CYP.
Warnings are inappropriate when:
The offence is serious
The nature and number of previous offences

Question 15

Reports

Answer 15

If you arrest s CYP you must inform the commissioner within 3 days

Question 16

CYP breach of bail

Answer 16

May arrest without warrant if:
The child or young person has been released on bail and..
The constable believes on reasonable grounds…
The CYP has breached a condition of the bail and..
The CYP has on 2 or more previous occasions breached their bail.

Question 17

Section 223: spontaneous statements

Answer 17

Spontaneous statements are admissible in court as the police did not have reasonable opportunity to comply with the requirements of the act.

Question 18

Section 48

Answer 18

Unaccompanied CYP
Found by police unaccompanied by adult/guardian….RGTB there mental physical state will be impaired…take…deliver to parent (if child/parent gives consent) or… Deliver them to cypfs

Question 19

Section 39

Answer 19

Place of safety warrant: RGTB suffered/ likely to suffer.

Enter and search….remove/detain…place in CYPFS custody

Question 20

Section 42:

Answer 20

Warrant less entry RGTB it’s critically necessary to prevent injury or death.
Enter and search… Remove/detain…place in CYPFS custody

Question 21

Section:14 in need of care and protection

Answer 21

Any CYP who is being sexually, physically abused or neglected.
Serious differences between CYP and parent causing issues to welfare
Serious reoffending of CYP aged 10-14 causing concerns for welfare
Parents can not control or refuse to control CYP

Question 22

Section 10B summary offences act

Answer 22

Left at home alone without provisions