Children, Young Persons and Theirs Families Act 1989 (CYPFA) Flashcards
CYP means…
Child or young person
A child is…
a boy or a girl under the age of 14 years
A young person is…
a boy/girl over 14 but under 17, unless married or in civil union.
Options when dealing with juvi include
- warn them
- report them to YAS
- arrest them
Section 4 states
Children/young person should be
- held accountable for the offence commited
- but their needs should be acknowledged as well
Child 10+
responsible if it is murder or manslaughter
Child 12-13
murder/manslaughter or 14 years
Child 12-13, if previously offended
offence for 10 - 14 years
Section 208
if there is another way to deal with the young offender rather than court, it should be used.
Section 8
Parents have right to be informed of any action that affects their children.
Section 215
Child or young person must be informed of their rights.
Section 214
No Arrest of Child or Young Person Unless: - prevent future offences - prevent loss/destruction of evidence - prevent interference with witnesess - ensure appearance in court EXP - for 14+ years offences - required for public interest
Every youth arrest must
be reported to the Commissioner within 3 working days
Section 214A
Arrest young person if breaches bail.
Approval required from Youth Aid Sergeant, Supervising Sergeant.
Section 222(1)
Young person can choose a nominated person.
CANNOT be a police officer, unless a parent.
Should be older then 20.
Section 222(2)
Police can object the choice of the nominated person.
The first and paramount consideration
the welfare and interests of the child.
Section 42
Constable can enter/search premises to remove/detain young person and move them to CYFS,if he/she believes that the young person should be protected.
Section 39
Autorised by warrant to enter/search the premises for child/youth if the child suffers/likely to suffer a serious harm.
Section 48
Child FOUND UNACCOMPANIED and their health likely to be IMPARED, take the child to the safe place or CYPFS.
Section 10B
Child under 14 left unsupervised.
