Chpt 1 CYF Flashcards
Section 39
Place of safety warrant
DCJ - (if DCJ not available issuing officer under sect 3 S and S act- JP, community magistrate, deputy registrar)
Reasonable grounds for suspecting cyp is suffering likely to suffer ill treatment, neglect, deprivation, abuse or harm may issue warrant authorising any constable (either by name or generally or CE), to search for cyp.
Enter & search force if necessary
RGB can remove & detain custody of CE if in hospital direct medical supervisor to keep them.
R v Kahu
Checking for food supplies - found drugs claims breach sect 21 BORA
Section 42
Search without warrant
Any Constable RGB critically necessary to protect cyp from injury, death without warrant
Enter & search, remove or detain by force if necessary
Place cyp with CE
Constable exercising power must produce evidence of identity & disclose power
3 days to furnish written report COP outlining powe exercised and circumstances
Care and protection age
Person of or over 14 years but under 18 years
Section 48
Unaccompanied cyp
Found unaccompanied
Physical or mental impairment
Constable may take using force if necessary
With consent of cyp & return to carer or if no consent & carer not available - place in custody of CE
Sufficient authority for detention under this act until cyp agrees to return to carer & carer available
Application made to court sect 67 to determine cyp held in custody
Circumstances indicate in need of care and protection expiry of 5 days after day placed in custody or any other case 3 days
Police v D
Kaitaia - found on pp & drunk, yp advised details these weren’t passed on. YP taken into custody. Sect 48 does not authorise detention. If can’t take home place in custody of CE.
Police v T-M
Whangarei - burglaries used sect 48 to take yp to station not correct.
Section 208
Principles
Sect 5 any court or person who exercises any powers under this part 5 or sect 351-360 are guided be these principles
Unless public interest requires otherwise criminal proceedings should not be bought against cyp - if alternative means Criminal proceedings not to be bought solely to provide assistance or services Any measures discussed to strengthen family, whanau, foster ability of family to deal with cyp Cyp kept in community Cyp age mitigating factor Impose sanctions Nature of sanctions Sanctions should promote development Least restrictive form Address cause(s) Consideration of victim views Special protection during investigation
Section 214
Arrest of child or young person without warrant
1) Subject to 214A, 233 & 244- Shall not arrest unless satisfied on RG
Necessary to arrest for purpose of
Ensuring appearance in court
Prevent further offending
Prevent loss/destruction of evidence / interference with witnesses
Where summons maybe used would achieve that purpose
2) nothing in subsection 1 prevents arrest where
Constable suspects cat 3 or 4 offence 14+ or life
Arrest required in public interest
3) when arrest without warrant within 3 days furnish report - police to cop, public servant CE
4) report to state reason why cyp arrested
Police v T
Shoplifting - not serious offence and not bought before court within 24 hrs
Section 214A
Arrest of cyp in breach of bail condition
Constable may arrest cyp without warrant if
Cyp released on bail &
RGTB that cyp has breached condition of bail and cyp has 2 or more previous occasions breached a condition (whether or not same condition)
Authority to arrest youth aid sgt or sgt or above or qualified youth aid officer
Police v TM - whangarei burglaries where cyp taken back to station under sect 48
Police v T - shoplifter k9’d & held for 24hrs
Section 215
CYP to be informed of rights before questioned by enforcement officer
Subject to 233 and 244
RGTS having committed offence or before asking any questions explain
If power to arrest then arrest & can’t serve summons cause refuse to give details
Not obliged to go to station unless consents
Consent can be withdrawn at anytime
No obligation to make stmt
If consents to make stmt can withdraw at anytime
Any stmt made or given maybe used in proceedings
CYP entitled to consult with & make or give any stmt in presence of lawyer & nominated person
If at anytime officer forms view RGTS committed offence must give the explanation before continuing
Elia v R - robbery papakura mother not suitable nominated person (perverting course of justice) stmt admissible - interview inadmissible as rights not given when new nominated person involved.
Section 215A
Rights to be explained to cyp on request
Section 216
Enforcement officer to explain rights to cyp who is to be charged with offence
Section 217
Rights to be explained to cyp who is arrested
Section 218
Explanations to be given in manner & language appropriate to age & level of understanding of cyp
Section 219
Explanations not required if cyp already informed of rights
Section 221
Admissibility of stmts made by cyp
1)Applies to every cyp being question in relation to offence
Who had been arrested pursuant to 214
You’ve decided to charge
Being detained in custody following arrest
2) no oral or written stmt made or given
Rights explained in manner/language appropriate
Cyp consults lawyer and nominated person
Makes stmt in presence of lawyer, nominated person
Refuses to nominate - can be any adult but not enforcement officer
Section 222
Persons who may be nominated for the purposes of section 221 (2) (b) or (c)
Cyp may nominate parent or guardian, adult family member, any adult
If refuses/fails to nominate can be any adult except enforcement officer
If officer RGB nominated person likely to pervert course of justice or cannot be located in reasonable time officer can refuse that nominated person
Nominated person ensures cyp understands matters
Supports cyp before, during questioning and making stmt
R v K
Father not approved nominated person as provided possible alibi. Daughter suggested by father but police decided an independent person should be used.
