Children, Young Persons And Their Families Act 1989 Flashcards
At what age are children not liable for any offences?
Under 10 years.
At what age are children or young persons fully liable?
14+
What are the ages of criminal responsibility under the Children, Young Persons and their Families Act 1989?
Under 10 years - not liable for anything.
10 years + - liable for murder and manslaughter
12 to 13 years - liable for anything that has a penalty of life of 14 +
12 to 13 (previous offences) - liable for anything that has a penalty of 10+ years if already committed an offence against the first 2.
When do Police have power to arrest a Child or Young Person?
No arrest of Children or Young Persons UNLESS the officer is satisfied on reasonable grounds that it is necessary to arrest to:
W - prevent interference with WITNESSES
E - ENSURE appearance at court
E - prevent loss or destruction of EVIDENCE
P - PREVENT further offences
What are the exceptions to the requirements for arresting a Child or Young Person?
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 under the Land Transport Act 1998
Under what circumstances can someone NOT be a nominated person?
If the are:
- likely to pervert the course of justice (co-offender)
- anyone under the age of 20
- an enforcement officer (unless they are the parent)
- someone who can’t be located in a reasonable time
- someone who is unavailable.
What is the paramount principle of the Child, Young Persons and their Families Act-Care and Protection?
The welfare and interests of the child or young person shall be the first and paramount consideration.
What does section 42 of the Child, Young Persons and their Families Act state?
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 ENTER and SEARCH any place and REMOVE or DETAIN the child or young person and place them in the care of CYFS.
What does section 48 of the child, young person and their families act allow you to do?
Where a child or young person is FOUND BY POLICE UNACCOMPANIED by a parent or guardian in a situation in which their PHYSICAL OR MENTAL HEALTH IS BEING OR LIKELY TO BE IMPAIRED a member of police may TAKE the child or young person and with their consent DELIVER the to their parents or guardian. If they do not consent then they must be placed in the care of CYPFS
When can a parent or guardian be held criminally responsible for leaving a child or young person unaccompanied?
Being a parent or guardian of arson under the age of 14 leaves that child without. Asking 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.
