CM 03-12 Flashcards
What defines a child under the Oranga tamarki act?
Under 14
What defines a young person under the OT act?
14-17 years old
What are the 4 paramount considerations with dealing with CYP
The well being and best wishes of the CYP
The public interests
The interests of the victim
Accountability of the CYP for their behaviour
What agency do police work with in relation to CYP?
Oranga Tamariki
What is section 48 of the OT act?
When a CYP is found in a vulnerable position (physical/mental/impaired), con stables can use necessary force to take them home
What is section 42 of the OT act?
If critically necessary, police may Enter, Search, Detain, Remove and Place a child elsewhere. So if a child is in immediate danger you can take them without warrant
If you take a CYP under section 42, what must you do?
Notify the commissioner within 3 days
What is section 10B of the OT act?
Adequate supervision must be made for any child left unaccompanied. Includes food, shelter, safety etc
What does YAS stand for?
Youth aid services
What ages are criminal responsibility?
Under 10 - nothing
10+ - murder / manslaughter
12-13 - offence has to warrant 14+ years
12-13 with prior - Offence has to warrant 10+ years
Who must be informed of police action that significantly affects a CYP?
Parents / caregivers
What does WEEP stand for?
Witness - ensure safety or intimidation
Ensure appearance for court
Evidence - prevent from damage
Prevent further offending
What are the exceptions for arresting a CYP?
Committed a crime worth 14 or more years in prison
OR
For an EBA
What classified a cat 3 offence?
Imprisonable for 2 or more years
What classifies as a category 4 offence?
2 years up to life. Murder etc
What reporting requirements do you have after arresting?
To the commissioner within 3 days
To the parents/caregiver
When should caution rights be given under section 215 for CYP
Ensure you have reasonable grounds to talk to CYP. They don’t legally have to tell you anything
Explain their rights extremely well and ensure they understand. Do a Q&A format in your notebook
When can a CYP statement be admissible
When they haven’t understood their rights properly
Who can be a nominated person
Anyone over 20 who wasn’t involved with the alleged crime
What is arrest vs criminal liability?
Anyone can be arrested regardless of age. However, only people over 14 can be charged for minor crimes
What is section 214 of the Oranga tamariki act
You can not arrest a CYP unless the officer has reasonable grounds to believe that WEEP factors would apply and that a summons would not achieve that purpose
