Children, Young Persons & Their Families Act 1989

Question 0

Define the difference between a child and a young person?

Answer 0

Child = boy or girl under 14 yrs old

Young person= boy or girl over 14 but under 17

Question 1

What do the following abbreviations stand for?

CYP, YAS, FGC

Answer 1

CYP= child or young person

YAS= Youth Aid Service

FGC= Family Group Conference

Question 2

When dealing with a CYP for a suspected crime you will do one of the following:

Answer 2

1. Warn them
2. Report them to YAS with a view
   future action (eg. Summons)
3. Arrest them (Sect 214 must be
   met)

Question 3

What are the Child, Persons and Their Families Act 1989 main principles?

Answer 3

1. They are held accountable and
   encouraged to accept respons-
   ibility for their behaviour
2. They are DEALT WITH IN A WAY
   THAT ACKOWLEDGES THEIR
   NEEDS

Question 4

What are the Youth Justice Principles?

Answer 4

A- criminally proceedings should 
    not be carried out if there is an
    ALTERNATIVE MEANS OF DEAL-
    ING WITH THE MATTER
F- families, whanau encouraged to 
    develop own means of dealing
    with offending
L- any sanctions imposed should 
    take LEAST RESTRICTIVE form
I- should have due regard to the 
   INTERESTS of any victim
K- should be KEPT in the comm-
   unity unless unsafe for public

Question 5

What are the 3 situations in which proceedings may lawfully be commenced against a child?

Answer 5

A. CHILD 10 yrs +
(Child of or over 10 and for murder or manslaughter)

B. CHILD 12-13 yrs
(Offence is not manslaughter or murder but max. penalty is or includes imprisonment for life or at least 14 yrs)

C. 12-13 PREVIOUS OFFENCE
(Prev. offence under 1A or 1B for which max penalty includes imprisonment at least 10 yrs but less than 14)

Question 6

A what age does a child have NO criminal liability?

Answer 6

Under 10 years old

Question 7

What is the age range where a person is considered a YOUNG PERSON?

Answer 7

14-16 years old

Question 8

What does Section 9 of the Child, Young Person’s and Their Families Act 1989 involve?

Answer 8

People’s rights to receive information in a language they understand which may require an interpreter if necessary.

Question 9

For a person who is 17 yrs old at the time of filing of the charge, what is the court jurisdiction and rights/ caution?

Answer 9

Youth Court and Adult Rights/ Caution

Question 10

What does Section 8 of the Child, Youth and Their Familes Act 1989 involve?

Answer 10

POLICE RESPONSIBILITIES TO PARENTS

If police take any action or make any decision that significantly affects CYP, they shall explain reasons for their actions to parents/ guardians orally or written

Question 11

What does Section 215 of Child, Youth and Their Families Act 1989 involve?

Answer 11

Section 215 Rights

1. When there’s RGS CYP has committed offence
2. Before asking CYP questions intended to obtain an admission if offence
3. During questioning officer forms GCS CYP has committed offence
4. During questioning officer decides to charge CYP
5. When CYP being questioned makes inquiry relating to their rights

Question 12

Under Section 214 Children, Young Persons And Their Families Act 1989 explain the Powers of Arrest:

Answer 12

Section 214: No arrest of of CHILDREN AND YOUNG PERSONS

UNLESS

W prevent interference with
WITNESSES
E ENSURE an appearance in court

E Prevent the loss/ destruction of
EVIDENCE
P PREVENT further offending

Question 13

Regarding Powers of Arrest for CYP, Section 214, what are exceptions?

Answer 13

If the arrest is category 4 offence
AND
Arrest is required in public interest 
OR
Arrest necessary to carry out EBA

Question 14

Who must an arrest of a CYP be reported to and within what time frame?

Answer 14

The Commissioner within 3 days

Question 15

What are the Admissibility Rules regarding statements from CYPs:

Answer 15

No statement from CYP
UNLESS
Y- youth Rights/ Caution

A- allows CYP to consult solicitor
or nominated person

S -Statement is made in presence of Lawyer and/or nominated person

Question 16

What is Section 229 CYPF Act 1989?

Answer 16

Notification of Parents

When CYP is arrested parent or other nominated persons must be contacted.

Question 17

When can Police object to a nominated person?

Answer 17

P- PERVERT the course of justice

U- UNDER 20

N- NOT AVAILABLE in reasonable
period of time
C- CANNOT be located

A- ANOTHER police officer

Question 18

What is Section 6 of CYPF Act 1989?

Answer 18

Section 6: Paramount Principle

The welfare and interests if the child or young person dhal be the first and paramount consideration

Question 19

What is section 14 CYPF Act 1989?

Answer 19

Section 14 Identifies CYPs in need of CARE AND PROTECTION

1. Differences b/w CYP and guardian that affect well-being
2. A CYP is likely to be S-E-P sexually, emotionally, physically abused
3. Guardian unable to or unwilling to control CYP
4. child b/w 10-14 offending to such and rent there is concern

Question 20

What is Section 39 of CYPF Act 1989?

Answer 20

Section 39: PLACE OF SAFETY WARRANT

Police may ENTER AND SEARCH

if they believe on reasonable grounds CYP is

I’ll treated, serious neglect, abuse, serious harm

REMOVE, DETAIN and place in CYFS care

Question 21

What is section 42 of CYPF Act 1989?

Answer 21

Section 42: SEARCH WITHOUT WARRANT

Police can if they believe on reasonable grounds it is CRITICALLY NECESSARY TO PROTECT FROM INJURY OR DEATH

Police require ID
Act and section
Inform commissioner within 3 days

Question 22

What is section 48 of CYPF Act 1989?

Answer 22

Section 48: CYP FOUND UNACCOMPANIED

Found unaccompanied

Physical or mental health is being or is likely to be impaired

Take(using reasonable force)

Deliver (with consent)

If no consent place in to care of CYPFS

Question 23

What is Section 10a and 10b?

Answer 23

Being a parent or guardian or person having care of child UNDER 14
LEAVES child
WITHOUT MAKING PROVISIONS of care or supervision for an unreasonable amount of time or unreasonable conditions

Question 24

What is a Formal Caution?

Answer 24

Police may administer a formal caution to a CYP where an offence has been committed or proven and FGC recommends that a police caution be given.

Where practicable:

• given at police station
• rank above Sgt
• in presence of parent/guardian

(Where prosecuted, prosecution cannot admit any evidence relating to warnings/caution.)