CM03 & CM05 Flashcards
Define Child
Under 14 years old
Define young person
Over 14 but under 18 years old
What is the paramount consideration when dealing with CYP?
The wellbeing and best interests of the CYP are the first and paramount consideration.
What agency does Police work with to investigate alleged child abuse?
SAT - serious abuse team
Explain section 42 (OT Act 1989)
Warrantless entry when critically necessary to protect the CYP from injury or death - remove or detain and place in custody of OT
When should you inform the commissioner of any powers being used?
Within 3 days.
Explain section 48 (OT Act 1989)
CYP found unaccompanied & in a situation where their physical or mental health is at risk, detain to take home or if doesn’t consent to going home, place in care of OT.
What does S10B (SOA 1981) explain?
deals with leaving a child without reasonable supervision or care. Parents/guardians have responsibilities for arranging appropriate care for their children (under 14 years)
Name the ages of criminally responsibility for different offences.
Under 10 - not criminally liable.
10+ - murder/manslaughter
12-13 - murder/manslaughter, 14+ offences.
12-13 - after committing a 14+ offence, commits murder/manslaughter or 10-14 year offence.
14-17 - fully liable
18+ - adult.
Who must be informed of any police action that significantly affects a CYP?
Parents/caregiver under section 8
What is under S114 and what are the exceptions?
S114 provides considerations for arresting a CYP if the officer has reasonable grounds (WEEP). Exceptions are category 3 & 4 offences and EBA
State the circumstances in which caution rights must be given to CYP (S215)
Rights must be given before questioning and questions about rights must be answered
What is the difference in the caution rights to a CYP?
(s118) They are explained in a manner and language to accomodate for their age/understanding & the CYP is asked to explain what each right means in their own words.
Who can be a nominated person?
Parent, guardian, caregiver, adult member of the family or family group, any adult (20+) selected by the CYP.
What are the rules about admissibility of statements made by CYP?
Statements will not be admissible unless; Rights/caution explain, CYP is allowed to consult with lawyer, parent or both, and statement is made in presences of lawyer or nominated person.
