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Police Studies > CM03 OTA1989 YOUTH JUSTICE > Flashcards

CM03 OTA1989 YOUTH JUSTICE Flashcards

1
Q

What options do you have when dealing with a CYP for a suspected offence?

A

Warn - youth aid
Report - Further action youth aid
Arrest - Section 214

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2
Q

Section 4A(2)

A 
Court to consider-
Well being
Public
Victim
Accountability
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3
Q

Age and offence proceedings to be taken against CYP

A

10+ Murder/Manslaughter
12-13 Offence 14+ years imprisonment
12-13 Offences as above + another imprisonable 10-14 years

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4
Q

Section 8 OTA

A

Parents informed of action taken

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5
Q

Person under 10 actions

A

No person under 10 to be convicted of an offence

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6
Q

Section 9 OTA

A

Information in suitable language

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7
Q

Section 218 OTA

A

Rights given to CYP explained in language they understand

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8
Q

When do rights need to be explained to CYP

A

Before questioning
When asked
When Charged
When arrested

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9
Q

S214 OTA No arrest of CYP unless…

A 
Ensure at court
Prevention
Protect evidence
Prevent witness interference
AND summons would not effect that purpose
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10
Q

What are categorie 1,2,3,4 offences?

A

1- Fine
2- Community-based, less than 2-year imp
3- 2+ years
4- life or 2+ years

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11
Q

What is your obligation to report arrest of CYP

A

Three days to submit justification under S214 arrest without warrent.

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12
Q

What can you arrest without warrant for that is not subject OTA act?

A

LTA Alcohol provissions

Immigration act

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13
Q

Section 214A OTA

A

Arrest after breach of bail conditions

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14
Q

CYP Statements must be made in the presence of?

A

Lawyer

Nominated person

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15
Q

Section 229 OTA

A

Inform parents and people nominated the CYP is arrested

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16
Q

Who can a child nominate under section 222 OTA

A

Any adult

17
Q

2 exceptions of S214 OTA

A

Penalty of imprisonment is 14 - life

LTA to carry out alcohol screening

18
Q

Arrest versus criminal responsibility

A

Arrest- Controlling offender

Criminal responsibility- Criminal proceeding commencing

19
Q

Section 209OTA

A

Police can warn offenders if this is sufficient

20
Q

What is WEEP in relation to arrest

A

Witnesses - Protect them
Ensure - Appearance in court
Evidence - Protect it
Prevent - Further offending

21
Q

Section 221

A

No statement admissable unless given rights caution and child consults with lawyer and statement made in presence of nominated person or lawyer

22
Q

Section 223

A

Spontanious statements

23
Q

Section 222(1)

A

Any person 20 years or over may be nominated if the person is appropriate

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