CM05 Oranga Tamariki Youth Justice

Question 1

What is the Act’s main principle?

Answer 1

Sec 4(f)

Where CYP commit offences:
(i) they are held accountable, and encouraged to accept responsibility for their behaviour: and

(ii) they are dealt with in a way that acknowledges their needs and that will give them the opportunity to develop in responsible, beneficial and socially acceptable ways

Question 2

What are the Youth Justice principles?

Answer 2

Sec 208

Criminal proceedings should not be instituted against a CYP if there are alternative means of dealing with the matter

The ability of families, whanu to develop their own ways of dealing with the offending

Any sanctions imposed on CYP who commits an offence should be least restrictive that is appropriate in circumstances

Measures for dealing with offending by CYP should still have regard for interests of victim

Question 3

What are the sections of OT that deal with police responsibilities to parents when dealing with CYP?

Answer 3

Sec 8
Inform parent/guardian/caregiver of any action/decision that will significantly affect that CYP

Sec 9
Right to receive information in a language they understand (eg interpreter)

Sec 229
Must notify parents/guardians and nominated person if CYP is arrested and going to be questioned

Question 4

What are the sections of OT that relate to the CYP being informed of their rights?

Answer 4

Sec 215
CYP must be informed of their rights before being questioned

Sec 215A
their rights must be explained upon request by CYP if the officer is asked

Sec 218
appropriate language and manner must be used to ensure the CYP understands their rights

Question 5

What are the sections of OT that relate to warnings and arrests of CYP?

Answer 5

Sec 209
Warnings must be considered as alternative to prosecution

Sec 213
Warnings for previous offending is not admissible in court

Sec 214
Justification of arrest  (WEEP)
- protection of witnesses
- ensure appearance in court
- protection of exhibits
- prevent further offending

Sec 214A
- can arrest for bail breaches if the 3rd time (same offence)

Question 6

What are the sections of OT that relate to statements from CYP?

Answer 6

Sec 221
any statements given by CYP will not be admissable in court if;
- their rights were not given and explained properly
- they were not allowed to consult a lawyer/nominated person
- statement must be taken in presence of nominated person/lawyer or both

Sec 222
Nominated persons

Sec 223
Spontaneous admissions - still admissible if CYP orally made statement before officer had reasonable time to give rights