CM03 OTA1989 YOUTH JUSTICE Flashcards
What options do you have when dealing with a CYP for a suspected offence?
Warn - youth aid
Report - Further action youth aid
Arrest - Section 214
Section 4A(2)
Court to consider- Well being Public Victim Accountability
Age and offence proceedings to be taken against CYP
10+ Murder/Manslaughter
12-13 Offence 14+ years imprisonment
12-13 Offences as above + another imprisonable 10-14 years
Section 8 OTA
Parents informed of action taken
Person under 10 actions
No person under 10 to be convicted of an offence
Section 9 OTA
Information in suitable language
Section 218 OTA
Rights given to CYP explained in language they understand
When do rights need to be explained to CYP
Before questioning
When asked
When Charged
When arrested
S214 OTA No arrest of CYP unless…
Ensure at court Prevention Protect evidence Prevent witness interference AND summons would not effect that purpose
What are categorie 1,2,3,4 offences?
1- Fine
2- Community-based, less than 2-year imp
3- 2+ years
4- life or 2+ years
What is your obligation to report arrest of CYP
Three days to submit justification under S214 arrest without warrent.
What can you arrest without warrant for that is not subject OTA act?
LTA Alcohol provissions
Immigration act
Section 214A OTA
Arrest after breach of bail conditions
CYP Statements must be made in the presence of?
Lawyer
Nominated person
Section 229 OTA
Inform parents and people nominated the CYP is arrested
Who can a child nominate under section 222 OTA
Any adult
2 exceptions of S214 OTA
Penalty of imprisonment is 14 - life
LTA to carry out alcohol screening
Arrest versus criminal responsibility
Arrest- Controlling offender
Criminal responsibility- Criminal proceeding commencing
Section 209OTA
Police can warn offenders if this is sufficient
What is WEEP in relation to arrest
Witnesses - Protect them
Ensure - Appearance in court
Evidence - Protect it
Prevent - Further offending
Section 221
No statement admissable unless given rights caution and child consults with lawyer and statement made in presence of nominated person or lawyer
Section 223
Spontanious statements
Section 222(1)
Any person 20 years or over may be nominated if the person is appropriate
