CIK (79-92) YOUTH Flashcards
80) When do you caution a youth?
a) Before asking any questions intended to obtain an admission
b) When there is circumstantial evidence against the youth
c) When you are reasonably certain they have offended
a) Before asking any questions intended to obtain an admission
81) A youth suspect (14 yrs) is asked who he wishes to have as his nominated person at interview. His parents are divorced and although he lives locally with his mother he nominates his father who lives out of the district. Which of the following actions is most appropriate in the given circumstances?
a) Advise the mother of the circumstances and request she be the nominated person
b) Ask the youth to nominate another adult as the request cannot be reasonably met
c) Advise the father of the circumstances and make enquiries about his availability
c) Advise the father of the circumstances and make enquiries about his availability
82) When you are satisfied on reasonable grounds that an arrest of a youth (15years) without warrant is necessary in the circumstances, which section of the Children Young Persons and their Families Act 1989 overrides any other enactment in making an arrest?
a) Section 214
b) Section 235
c) Section 221
a) Section 214
83) On speaking with a youth apprehended at the scene of an attempted robbery you note he has very poor English. On requesting his name and address and beginning to caution him you note he does not seem to understand you. In the circumstances, what action is most appropriate?
a) Arrest him because his lack of communication can be regarded as a refusal to comply
b) Give him the rights caution with reasonable diligence to gain his understanding
c) Take him to the station and get an interpreter to give him the rights caution
b) Give him the rights caution with reasonable diligence to gain his understanding
84) At 1400 hours you gave Jimmy (aged 15) his rights pursuant to section 215 of the Children, Young Persons and Their Families Act 1989. At 1445 hours he asks you whether he has to answer the question you just asked him. The most appropriate thing for you to do is:
a) Advise him that he may withdraw his consent to make a statement at any time.
b) Advise him he must continue to answer all questions put to him.
c) advise him again of all his rights pursuant to section 215 of the CYPF Act
c) advise him again of all his rights pursuant to section 215 of the CYPF Act
85) Late at night you are called to a suspicious fire at a school. While cordoning the scene you locate and search a male teenager. Newspaper and a can of accelerant are found in his carry bag. He refuses to tell you his name. Your caution should make sure he understands:
a) You just want to ask him some questions before deciding what you should do
b) You can arrest him if he continues to refuse to give you his name and address
c) You know he has something to do with the fire so he should start talking now
b) You can arrest him if he continues to refuse to give you his name and address
86) You are called to an aggravated robbery at a liquor store. As you arrive the offender decamps but you chase and apprehend a 15-year-old youth. Before you have time to question him, he states, “I didn’t mean to shoot the guy”. Which of the following statements best describes the admissibility of the confession?
a) His confession is inadmissible due to his age and the protection of the CYPF Act 1989
b) His confession is admissible but he must be cautioned as soon as possible
c) His confession is inadmissible because you have not cautioned the youth
b) His confession is admissible but he must be cautioned as soon as possible
87) A youth (16 years) who is to be interviewed about stolen property insists on his uncle as his nominated person. On contacting the uncle you find that he is willing to attend an interview but due to work commitments is not available until the next day. You should advise the youth in this situation that:
a) His nominated person is not available within the required timeframes and request he nominates another
b) The interview will be delayed until his uncle can attend and that the youth will be released conditionally
c) You are obligated to inform his parents of the matter so a parent may as well be his nominated person
a) His nominated person is not available within the required timeframes and request he nominates another person
88) Which of the following people may not act as nominated persons, even if the young person specifically requests them?
a) A patched gang member with previous convictions who is a member of the youth’s whanau or their guardian
b) A person you believe on reasonable grounds is a witness or has some knowledge of the matter being investigated
c) A person you believe on reasonable grounds would attempt to pervert the course of justice if permitted to consult with the young person.
c) A person you believe on reasonable grounds would attempt to pervert the course of justice if permitted to consult with the young person.
89) In general, should an investigator regard a child or youth under the age of 18 years as a special consideration witness?
a) Yes, because a specialist interviewer is always required for children and young people.
b) Yes, because their age and maturity level may mean they are vulnerable in an interview situation.
c) Yes, because the government agency Oranga Tamariki sets requirements for their interview.
b) Yes, because their age and maturity level may mean they are vulnerable in an interview situation.
90) Duty of care requires you to protect the arrested or detained person:
a) From the time of arrest or detention, throughout the interview and up to the time it takes to get the person locked up and charged.
b) From the time the person is placed in the police car until you take them into the watch house and complete the necessary paperwork.
c) From the time you arrest or detain the person until you transfer them into someone else’s custody and your transfer is acknowledged.
c) From the time you arrest or detain the person until you transfer them into someone else’s custody and your transfer is acknowledged.
91) When deciding on the admissibility of a youth’s interview, an overriding principle that will guide the judge is:
a) That the interview was conducted in compliance with the terms of the Chief Justice Practice Note
b) Whether the interview was fairly conducted in acceptance of the CYP’s vulnerability which entitles them special protection
c) Whether the youth was fully informed of their rights according to s215 of CYP and their Families Act 1989.
c) Whether the youth was fully informed of their rights according to s215 of CYP and their Families Act 1989.
92) When a nominated person arrives to support a youth for interview you should give the nominated person the ‘Advice and Duties Nominated Person’ booklet and:
a) Ascertain they have read it, get them to sign they understand and agree to their role requirements
b) Commence the interview, stating who is present and their role and explain the youth’s rights on video
c) Explain its contents to the nominated person and allow them time alone to discuss it with the youth
c) Explain its contents to the nominated person and allow them time alone to discuss it with the youth
