Children youth & Families

Question 1

At what age does a child become a young person?

Answer 1

14 years.

Child: 0-13yrs
Young Person: 14-17yrs

Question 2

What is the requirement for a s39 Place of Safety Warrant?

Answer 2

RGTS cyp suffering/likely to suffer
1) Ill treatment
2) neglect
3) deprivation
4) abuse
5) harm

Question 3

What action can be taken under a s39 Place of Safety Warrant?

Answer 3

May ENTER & SEARCH and if:

RGTB cyp has suffered/likely to suffer ill treatment/neglect/deprivation/abuse/harm…

… that person may REMOVE or DETAIN (by force if necessary) the CYP and place into custody of chief executive.

Question 4

What requirement must be met to conduct a s42 Search without warrant?

Answer 4

RGTB that it is CRITICALLY NECESSARY to protect cyp from injury/death

Question 5

What action can be taken during a s42 search without warrant?

Answer 5

…may ENTER & SEARCH and REMOVE & DETAIN (by force if necessary) the cyp and place into custody of the chief executive.

*Notify commissioner within 3 days

Question 6

How quickly must you notify the commissioner of a s42 Search Without Warrant?

Answer 6

Within 3 days

Question 7

What are the conditions for a s48 Unaccompanied CYP to be relevant?

Answer 7

CYP found unaccompanied by parent/guardian/person who has day to day care

In a situation where the CYP’s physical or mental health is being/likely to be impaired

Question 8

What may a Const do with an unaccompanied CYP under s48 ?

Answer 8

A Constable may (using as much force as necessary) take the CYP and

A) (with CYP consent) deliver them to custody of parent/guardian… or

B) (without CYP consent or no parent/guardian willing), place the CYP into the custody of the chief executive.

Question 9

How long does a child stay in the custody of OR after being delivered into their care under s48?

Answer 9

Until
A) the CYP agrees to be returned to parent/guardian

B) a C&P application is made to the court for determining whether to be held in custody

C) if CYP is in need of C&P, expiry of 5 days after CYP was placed into custody (or in any other case 3 days -whichever occurs first)

Question 10

How long can a child remain in the custody of OT after being placed with the chief executive under s48? (i.e. refused to go home to parents)

Answer 10

expiry of 5 days after CYP was placed into custody (or in any other case 3 days -whichever occurs first)

Question 11

What are the four primary considerations of youth justice?

Answer 11

1) the well-being and interests of the CYP
2) the public interest (including public safety)
3) the interests of any victim
4) the accountability of the CYP for their behaviour

Question 12

YOUTH JUSTICE: What are the 9x s208 Principles of the Act?

Answer 12

1) proceedings shouldn’t be instituted if there are ALTERNATIVE MEANS AVAILABLE

2) proceedings shouldn’t be instituted in order to provide ASSISTANCE or services

3) measures for dealing with the CYP should be designed to STRENGTHEN THE WHANAU, and foster the abilities of the family to develop their OWN MEANS OF DEALING with offending

4) if CYP offends they should be kept in the COMMUNITY

5) CYP’s AGE IS A MITIGATING FACTOR re sanctions imposed

6) any sanction imposed should MAINTAIN & PROMOTE DEVELOPMENT and TAKE LEAST RESTRICTIVE FORM appropriate

7) measures should deal with UNDERLYING CAUSES of offending

8) interests and views of VICTIM should be considered

9) vulnerabilities of a CYP entitles them to SPECIAL PROTECTION during any investigation

Question 13

YOUTH JUSTICE - if exercising a power for the purpose of resolving offending, the s208 principles apply in addition to what 2 things?

Answer 13

A) reasonable and practical measures should be taken to support the CYP and prevent/reduce offending

B) CYP should be referred to c&p services if they would benefit from them

Question 14

What must be satisfied to s214 arrest a CYP without warrant?

Answer 14

Satisfied on reasonable grounds arrest is necessary to
W) prevent interference with WITNESSES
E) ENSURE appearance before court
E) EVIDENCE - prevent CADD in relation to offence
P) PREVENT further offending

And a summons would not achieve that purpose!

*NB report to commissioner within 3 days!

Question 15

What is the exception to the s214 WEEP requirements?

Answer 15

RGTS they have committed a category 3 or 4 offence for which the penalty is 14+ yrs imprisonment

*NB report to commissioner within 3 days!

Question 16

S214a when can you arrest a CYP for breaching bail?

Answer 16

If CYP has been released on bail and RGTB that
1) CYP has breached a bail condition and
2) CYP has breached bail 2 or more times before

Question 17

Who must you get authority from to arrest a CYP for breaching bail under s214a?

Answer 17

A youth aid sergeant
Or sergeant in their absence
Or youth aid officer in their absence

Question 18

You’ve arrested a CYP for breaching bail under s214a… what must you do if you have RGTB CYP is likely to continue breaching?

Answer 18

Must be placed into the custody of the chief exec (OT).

Question 19

When must a youth be informed of their rights under s215?

Answer 19

BEFORE QUESTIONING a cyp when you have RGTS they’ve committed an offence

Also, before asking questions intended to obtain an admission of an offence

Where during the course of questioning a CYP becomes a suspect, officer must stop and explain their rights

Also, if they ask! (s215a)

Question 20

What does s218 say about the language they are to be given their rights in?

Answer 20

CYP rights shall be given in a language/manner that is appropriate to the age and understanding of the CYP

Question 21

When do you NOT have to explain a CYP’s rights to them?

Answer 21

Not required if the same explanation was given less than one hour before

Question 22

A CYP admission is inadmissible unless what 3 conditions have been met?

Answer 22

1. Rights were given in a language/manner that is understood
2. CYP has been given opportunity to consult with a lawyer/NP before making statement
3. Statement made in presence of lawyer/NP (or if they refuse to nominate a person, any other adult excluding an officer)

Question 23

Who can be a Nominated Person (s222)?

Answer 23

A) parent/guardian
B) adult member of family
C) any other adult nominated by CYP
D) if they fail or refuse to nominate, any other adult nominated by enforcement officer (excluding enforcement officer)

Question 24

What are the 2 reasons you may refuse a CYP’s nominated person?

Answer 24

1. RGTB they would attempt to pervert the course of justice or
2. RGTB they cannot be located or available in a reasonable period of time

Question 25

What is the duty of a nominated person?

Answer 25

To ensure that the CYP understands the matters explained to them and to support the CYP before, during questioning and if the CYP agrees to make a statement

Question 26

s221 applies to the admissibility of CYP statements (I.e. being made after rights were read, consultation with lawyer/NP and given in presence of lawyer),

What is the exception to this rule?

Answer 26

Spontaneous admissions - oral statements made by CYP spontaneously and before an officer has had a reasonable opportunity to comply with requirements.

Question 27

How soon must you inform a CYP’s parents about them being questioned?

Answer 27

You must inform the NP as soon as practicable after arrival at station

If they don’t nominate a parent/guardian, you must, unless impractical, inform a parent/guardian.

Question 28

Why might you not allow a CYP’s parent/guardian/NP to consult with them in private?

Answer 28

CYP is being guarded or it is necessary to ensure CYP safety and prevent further offending

Question 29

what are the 3 custody options post arrest of a CYP?

Answer 29

1) release
2) release on bail
3) deliver into the care of
- parent/guardian
- any iwi/social service upon agreement of CYP
- any other person approved by Police or OT, upon agreement of CYP

Question 30

When must a CYP be placed in OT custody after arrest?

Answer 30

When there is RGTB:
(A) CYP likely not to appear in court
(B) CYP May commit further offences
(C) necessary to prevent CADD
(D) arrested for bail breaches and likely to continue breaching

Question 31

When a CYP is placed in OT care after being arrested, how soon must this happen?

Answer 31

As soon as practicable and no later than 24hrs following the arrest!

CYP to be delivered to OT and presented with
details of ID, circumstances of arrest, and date and time of court appearance.

Question 32

JOINT CERTIFICATES: When may an arrested CYP be held in custody for more than 24hrs?

Answer 32

Where the chief executive and a senior sergeant or above are satisfied on reasonable grounds that

1) CYP is likely to abscond or be violent AND
2) suitable facilities to detain in safe custody are not available

The CYP may be held in police custody for more than 24 hrs until court appearance.

Question 33

What are the reporting requirements regarding Joint Certificates?

Answer 33

Report to commissioner within 5days with
- copy of cert
- circumstances
- duration in custody

Question 34

CASE LAW: in R v Kahu, what clarification was given around s39 Place of Safety Warrants searching powers?

Answer 34

Opening and looking into cupboards was deemed necessary for the purpose of checking the physical condition of the child, living conditions, food supply etc. to form judgement on safety and well-being of children.

Question 35

CASE LAW: in Pettus v R what clarification was given around s42 Search without Warrant requirements “critically necessary”?

Answer 35

Emphasis given on high threshold of intervention without warrant.
CRITICALLY NECESSARY is intended to provide for cases where danger is so serious and imminent that resorting to less urgent remedies might not provide sufficient assurance of safety.

Question 36

CASE LAW: in Police v D, clarification was given around the limits of s48 detention at police stations. What was discussed?

Answer 36

The purpose of s48 is the care and protection and welfare interests of the CYP. It has a limited purpose of returning a CYP to an appropriate person where their physical/mental health is likely to be impaired. Does not authorise detention at police stations, rather CYP should be delivered directly to parent etc. detention at police station only as an intermediary means but police ought to minimise exposure to harmful experiences.

Question 37

CASE LAW: in Police v T, police had a CYP in custody for a concerning amount of time. What principles were discussed?

Answer 37

Police must bring CYP to court on the same day where possible. Young persons should not be unnecessarily held in custody.

Question 38

CASE LAW: in S R v K, police failed to allow the CYP the opportunity to nominate another person after his father was deemed unsuitable. What should have occurred?

Answer 38

CYP must be given another opportunity to nominate a person where the first was unsuitable/unavailable etc.

Police should only nominate on the CYP’s behalf if they refuse to do so or no one else to choose from.