Children, Young Persons & Families Act 1989

Question 1

Define child and a young person in terms of Youth Justice

Answer 1

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

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

Question 2

Describe Section4(f) of the CYPFA

Answer 2

children/young persons are:

i) held accountable and encouraged to accept responsibility for their behaviour
ii) dealt with a way that acknowledges their needs and will give them the opportunity to develop

Question 3

Describe Section 208

Answer 3

Refers to youth justice principles/better resolutions:

• criminal proceedings should not be brought against a child/young person if there is an alternative way to deal with the matter
• the ability of family/whanua/iwi groups to develop their own means of dealing with offending should be fostered
• any sanctions imposed should take the least restrictive form appropriate
• measures for dealing with offending should have regard to the interests of any victims
• a child should be kept in their community as far as practicable

Question 4

Describe Section 272

Answer 4

Age of criminal responsibility:

• children under 10 years are not to be convicted
• child 10+ years can be charged with murder/manslaughter
• child 12-13 years can be charged with an offence if the maximum penalty is at least 14 years
• child 12-13 years and with previous offences and the maximum penalty is 10-14 years

Question 5

What is Section 8?

Answer 5

Section 8 states that parents have the right to be informed of any action that significantly affects their children. This includes K9, issuing tickets, being warned etc.

Question 6

What is Section 9?

Answer 6

Section 9 details peoples right to receive information in a language they understand. Speaking to children in their own language rather than adult/police jargon.

Question 7

What is Section 215?

Answer 7

Section 215 outlines when a child must be read their rights in a way that they can understand:

• when there are RGS a child has committed an offence
• before asking a child questions obtained to gain admission
• during questioning if an officer forms RGS the child has committed an offence
• if during questioning a child asks for an explanation of their rights and officer must explain these as appropriate to the inquiry (215A)

Question 8

What does Section 209 relate to?

Answer 8

Issuing warnings about an offence may be allowed if FGC recommends it. The caution shall be given at the station by someone above Sergeant in the presence of a parent/LG.
Where this person is prosecuted in the future, only the defence can mention they have been warned previously.

Question 9

What does Section 214 relate to?

Answer 9

Relates to the arrest powers. No arrest is to be made unless the officer has RG that is is necessary to:
-ensure court appearance
-prevent further offences
-prevent loss of exhibits
-prevent interference with witnesses
You must report to the Commissioner within 3 days

Question 10

What are the exceptions under Section 214?

Answer 10

• if the arrest if for a Cat 4 or 3 offence which carries a max penalty of 14 years
• the arrest is required in the public interest
• arrest is necessary to carry out EBA

Question 11

What does Section 214A relate to?

Answer 11

Arresting children without warrant if a constable believes that the that child has breached their bail conditions AND has on 2 or more occasions breached a condition of that bail (whether or not the same condition). Approval to K9 needs to be sought from Youth Aid Sergeant.
The officer will need to recommend alterations to those bail conditions.

Question 12

What are the admissibility rules?

Answer 12

No statement made by a child/young person is admissible UNLESS:

• rights caution explained
• allowed to consult with lawyer/nominated person
• statement made in presence of lawyer/person nominated

Question 13

What is Section 229?

Answer 13

Whenever you K9 a child/young person or take them to the Police station you must notify the parents.

Question 14

What is Section 222(1)?

Answer 14

A child/young person may nominate who they wish to be present when they are bing questioned/giving statement, they can be:
-a parent or LG
-an adult member of the family (over 20 years)
-any other adult
If the child/young persons refuses or fails to nominate then Police will nominate so long as it isn’t a Police officer.

Question 15

What is Section 222(2)?

Answer 15

In certain situations Police do not have to accept the person nominated:

• if the person is likely to attempt to pervert the course of justice (co-offender, known criminal)
• person cannot be located with due diligence
• person will not be available within a period of time

Question 16

What is Section 218?

Answer 16

Section 218 requires children/young persons have certain rights and info explained to them in a manner and language that is age appropriate and level of understanding.

Question 17

When to explain a child their rights?

Answer 17

S215
S216-When during questioning the officer has decided to charge
S217-On arresting the child/young person
S219-No explanation needs to be given if same thing explained in the last hour

Question 18

What does Section 14 relate to?

Answer 18

It identifies children in need of care and protection and refers to situations where:

• a child/young person is being, or likely to be harmed
• a child/young persons wellbeing is being neglected
• serious differences exist between the child and parents/LG to an extent that wellbeing is being impaired
• the child/young person is behaving in a manner that is likely to be harmful to their physical/mental/emotional wellbeing
• the childs/young persons parents/LG are unable or unwilling to control them
• a child has committed an offence of which the nature/magnitude gives serious concern for the wellbeing
• parents/LG are unwilling/unable to care for the child
• parents/LG have abandoned the child

Question 19

Under “Care and Protection” what defines a child?

Answer 19

• a child is under 14 years old

- a young person is over 14 years but under 18 years

Question 20

What is Section 6?

Answer 20

Paramount principle:

• “the welfare and interests of the child or young person shall be the first and paramount consideration”
• care and protection principles are also found under Section 13(2)(b)

Question 21

What are the 4 powers to remove a child or young person?

Answer 21

Section 39-Place of Safety Warrant
Section 40-Warrant to remove Child or young person
Section 42-Search without warrant (emergency)
Section 48-Child or young person found unaccompanied

Question 22

What is Section 42?

Answer 22

Search without warrant:

• Any Constable who believes on RG
• that it is CRITICALLY NECESSARY
• may without warrant ENTER and SEARCH
• any place and
• REMOVE or DETAIN the child or young person and
• PLACE the child/young person into the custody of CYPFS

You must:

• produce ID
• quote Section 42 of the CYPF Act 1989
• inform commissioner within 3 days

Question 23

What is Section 39?

Answer 23

Any person authorised by warrant may:

• ENTER and SEARCH
• any place
• if they believe on RG that the child/YP has suffered or is likely to suffer
• you can REMOVE or DETAIN and
• PLACE the child in custody with CYFS

Question 24

Section 39 & 42 reports to Commissioner

Answer 24

Whenever a child is taken into custody under Section 39 or 42 and the child is released without going to court a report must be given to the Commissioner for Children;

• the reasons for taking the action
• evidence on which the reasons were based
• the solution reached

Question 25

What is Section 48?

Answer 25

Where a child/young person is

• found unaccompanied
• in a situation where physical/mental health is being impaired
• a constable may TAKE the child/YP
• with their consent DELIVER
• them into the custody of parent/LG/other person
• if no consent given or unwilling to take them then PLACE them into CYPFS

In these situations a child is detained (not K9) so must be give Caution Rights.

Question 26

What is Section 10B?

Answer 26

It deals with ill-treatment or neglect of a child:

• parent or LG having the care of a child under 14 years
• leaves that child
• without making reasonable provision for supervision and care of that child
• for a time that is unreasonable

Example can be children left at home alone or waiting in cars outside bars. Successful prosecution depends on length of time and/or conditions the child is being left being unreasonable.