Children, Young Persons and their Families Act 1989 Flashcards
8
YJ 8: If a police officer takes any action that significantly affects CYP office shall inform parent.
What section outlines which CYP are in need of care and protection?
CP 14(1)(a-i): Identifies CYP in need of care and protection in terms of the Act
39
CP 39: Place of Safety Warrant: Authorised by warrant, ENTER and SEARCH (by force), believe CYP has suffered, or is likely to suffer, REMOVE or DETAIN (by force), PLACE (CYFS).
42
CP 42: Search without warrant: CRITICALLY NECESSARY (GHB or death), ENTER AND SEARCH (by force), REMOVE or DETAIN (by force), PLACE (CYFS)–obligations: 1. Produce evidence of identity 2. State they are using section 42… 3. Within three days inform Commissioner.
48
CP 48: CYP Found unaccompanied: FOUND UNACCOMPANED, situation WELL BEING LIKELY TO BE IMPAIRED, TAKE, DELIVER, home (if no consent or unwilling to take CYP then), PLACE (CYPFS). This section does not depend on public place–home alone CYP could still apply.
214
YJ 214: Powers of arrest without warrant of CYP:
WEEP to arrest CYP.
EXCEPTION: if the arrest if for 14 year max penalty AND the arrest is required in the public interest OR necessary to carry out EBA procedures OR 214A
You MUST report arrest to the Commissioner within 3 days.
214A
YJ 214A:
May arrest if CYP released on bail,
breached bail conditions
AND has breached previously 2 or more times of that bail (not need to be same condition but for same offence).
NEED approval from a Youth Aid Sergeant or in their absence, from your O/C or a qualified Youth Aid Officer
What section requires that CYP have their rights explained to them?
AND
In what way should their rights be explained to them?
YJ 218: CYP have right for information explained to them in a manner/language that is appropriate to their age and level of understanding.
When must CYP be informed of their rights?
i) When there are reasonable grounds to suspect the child or young person has committed an offence, (Section 215).
ii) Before asking the child or young person questions intended to obtain an admission of an offence, (Section 215).
iii ) When, during questioning, the officer forms reasonable grounds to suspect the child or young person has committed an offence, (Section 215).
iv) When, during questioning, the officer has decided to charge the child or young person, (Section 216).
v) On arresting the child or young person, (Section 217).
vi) Where a child or young person being questioned in relation to their involvement in any offence, 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, (Section 215A).
vii) No explanation need be given if the same explanation has been given in the last hour, (Section 219).
All statements are inadmissible from CYP unless the officer does what?
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 nominated person in certain circumstances).
Section 222 allows a CYP to nominate someone present for questioning.
When can Police object to a nominated person?
If the nominated person would attempt, or would be likely to attempt, to pervert the course of justice.
If the nominated person cannot, with reasonable diligence, be located.
If the nominated person would not be available within a period of time that is reasonable in the circumstances.
What is the exception to inadmissible statements made by CYPs?
YJ 223: Spontaneous Statements: Oral statements made by CYP before pigs have reasonable opportunity to comply with Act
What must you do when a CYP has been arrested or taken to the station for questioning?
YJ 229: When CYP arrested/taken to station for questioning, must notify parents/nominated person.
According to the CYPF Act, an adult is 17 years or over. How are 17 year olds treated in terms of their rights and which court they go to?
Are read adult caution rights and go to youth court.
When removing CYP from a home, what principles apply?
i) CYP should be removed as last resort
ii) The alleged offender should be removed whether possible rather than CYP, if necessary to protect CYP
iii) If police remove alleged offender, order must be put in place to protect CYP, e.g. bail conditions
iv) A CYP cannot be removed unless there is a risk of serious harm