Children, Young Persons And Their Families Act 1989 Flashcards
(26 cards)
Section 14 definition (In need of care and protection)
• The child or young person is likely to be: - harmed ( sexually, emotionally or physically) - ill treated - abused or seriously deprived • Serious differences between them and the parents/guardian so the physical, mental or emotional wellbeing is being seriously impaired. • Parents/guardians unwilling to care. • A child between 10 - 14 is offending to an extent where there is serious concern for their wellbeing.
Section 42 (search without warrant)
-Any constable who believes on reasonable grounds - that it is CRITICALLY NECESSARY to protect a child or young person from injury or death - may without warrent ENTER and SEARCH (by force if necessary) • dwelling house, vehicle etc… 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 CYPFS
Section 48 (CYP found unaccompanied)
• FOUND UNACCOMPANIED - by a parent/guardian/person who usually cares for them • in a situation in which their PHYSICAL OR MENTAL HEALTH IS BEING, OR LIKELY TO BE, IMPAIRED • a constable may (using reasonable force) TAKE the child or young person • with their consent DELIVER them into the custody of parent/guardian/other person • if no consent is given or caregivers are unwilling to take them PLACE them in custody of CYPFS
Section 39 Place of Safety Warrent
• Any person authorised by warrent under this section to search for any C or YP may • ENTER and SEARCH (by force if necessary) • house/car etc • if they believe on reasonable grounds that CYP HAS SUFFERED OR IS LIKELY TO SUFFER ill-treatment, serious neglect, abuse, serious deprivation or serious harm • REMOVE or DETAIN the child or young person (using force if necessary) •PLACE the CYP in the custody of CYFS
What are the statutory obligations when using section 42?
- Produce evidence of identity 2. State you are using section 42 of the CYPF Act 1989 3. Within 3 days inform the commissioner
When must you report to the commissioner under this Act?
Whenever a child is taken into custody under section 39 or 42 and the child has been released without court. You must state: Reason, Evidence, Solution
What is the definition of a Child?
Boy or girl under 14
What is the definition of a YP? (care & protection)
Girl or boy over 14 but under 18. Does not include any person who is or has been married or in a civil union
Section 6 (paramount principle)
The welfare and interests of the child or young person shall be the first and paramount consideration
What is a definition of a young person? (youth justice)
boy or girl over 14 but under 17, except when in a civil union or married
What are the acts man principles? Section 4 ( youth justice)
- They are held accountable, and encouraged to accept responsibility for their behavior and.. 2. They are DEALT WITH IN A WAY THAT ACKNOWLEDGES THEIR NEED and that will give them the opportunity to develop in responsible, beneficial and socially acceptable ways
Is a child under 10 criminally responsible?
No, no young person under 10 years of age shall be convicted of an offence. Section 21 Crimes Act 1961
Is their criminal responsibility for a Child aged 10+?
(1)(a)Where the child is of or over the age of 10, and the offence is murder or manslaughter
What is the criminal responsibility of a Child aged 12-13?
(1)(b)When the offence is one (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for atleast 14 years. Or where they have previous offences under 1a/b and it is an offence under b
Is a person aged between 14-17 criminally responsible?
Yes
Can a person aged between 10-14 be convicted of an offence?
Only if they knew the act or omission was wrong or that it was contrary to law.
At what age is a person treated as an adult? Youth justice
17, the special protections for children and YP no longer apply
What is section 8? Youth justice
Tell a parent/guardian as soon as possible about any dealings with a child or YP (that significantly affects that person), your actions and reasons. Can be written or oral
What is section 218? YJ
Children’s caution rights must be given in a way that they understand
What are sections 215-217 about?
When a child or YP must be informed of their rights. - Reasonable grounds to suspect they’ve committed an offence - Before asking questions intended to obtain an omission of an offence - When during questioning, you form reasonable grounds to suspect they have committed an offence - When during questioning, you decide to charge them - On arrest - When questioning in relation to their involvement in an offence and they make an enquiry relating to the rights - You dont need to give an explanation if the same explanation has been given in the last hour
Under section 214, what are your provisions for arrest?
- ensure their appearance in court - prevent further offences - prevent loss/destruction of evidence - prevent interference with witnesses. You can just arrest for category 3,4 offence, public interest, EBA. You must report the arrest to commissioner within 3 days
What are the provisions for arrest under Section 214a?
You can arrest if they’ve breached bail and, they have on 2 or more previous occasions (don’t not have to be the same condition). You must have approval from YAS, your own Sarg or a YAO before making an arrest. You can also arrest for breach if you can justify under WEEP
What are sections 221 - 226?
Admissibility of statements - rights caution explained - Allowed to consult with solicitor and/or nominated person - Statement made in presence of 1. Lawyer and/or 2. nominated person
What is Section 223?
Spontaneous statements exception
