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Community > CM 03-12 > Flashcards

CM 03-12 Flashcards

1
Q

What defines a child under the Oranga tamarki act?

A

Under 14

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2
Q

What defines a young person under the OT act?

A

14-17 years old

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3
Q

What are the 4 paramount considerations with dealing with CYP

A

The well being and best wishes of the CYP
The public interests
The interests of the victim
Accountability of the CYP for their behaviour

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4
Q

What agency do police work with in relation to CYP?

A

Oranga Tamariki

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5
Q

What is section 48 of the OT act?

A

When a CYP is found in a vulnerable position (physical/mental/impaired), con stables can use necessary force to take them home

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6
Q

What is section 42 of the OT act?

A

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

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7
Q

If you take a CYP under section 42, what must you do?

A

Notify the commissioner within 3 days

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8
Q

What is section 10B of the OT act?

A

Adequate supervision must be made for any child left unaccompanied. Includes food, shelter, safety etc

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9
Q

What does YAS stand for?

A

Youth aid services

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10
Q

What ages are criminal responsibility?

A

Under 10 - nothing
10+ - murder / manslaughter
12-13 - offence has to warrant 14+ years
12-13 with prior - Offence has to warrant 10+ years

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11
Q

Who must be informed of police action that significantly affects a CYP?

A

Parents / caregivers

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12
Q

What does WEEP stand for?

A

Witness - ensure safety or intimidation
Ensure appearance for court
Evidence - prevent from damage
Prevent further offending

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13
Q

What are the exceptions for arresting a CYP?

A

Committed a crime worth 14 or more years in prison
OR
For an EBA

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14
Q

What classified a cat 3 offence?

A

Imprisonable for 2 or more years

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15
Q

What classifies as a category 4 offence?

A

2 years up to life. Murder etc

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16
Q

What reporting requirements do you have after arresting?

A

To the commissioner within 3 days

To the parents/caregiver

17
Q

When should caution rights be given under section 215 for CYP

A

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

18
Q

When can a CYP statement be admissible

A

When they haven’t understood their rights properly

19
Q

Who can be a nominated person

A

Anyone over 20 who wasn’t involved with the alleged crime

20
Q

What is arrest vs criminal liability?

A

Anyone can be arrested regardless of age. However, only people over 14 can be charged for minor crimes

21
Q

What is section 214 of the Oranga tamariki act

A

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

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