CM05: OT Act 1989: Youth Justice Flashcards
In dealing with a CYP for a suspected offence you will one of these three things?
- Warn them and report to YAS
- Report to YAS with a view to further action
- Arrest them (if S. 214 criteria met)
What four primary considerations does Section 4A(2) direct we are guided by?
- well-being and best interests of CYP
- public interest, including safety
- interests of victims
- accountability of the CYP for their behaviour
Age of criminal responsibility for Murder or Manslaughter?
10 +
Age of criminal responsibility for offence (other than murder / manslaughter) where max penalty is life or at least 14 years?
12 - 13
Age of criminal responsibility for child who has been convicted for an offence where max penalty is 14+ years and now commits another for which penalty is 10-14 years
12-13 years
What does Section 21 of the Crimes Act 1961 say?
No person under 10 years of age shall be convicted of an offence
What does Section 22 of the Crimes Act 1961 say?
No person 10-13 years shall be convicted unless they knew the act was wrong or it was against the law
Section 8 of the OT Act 1989 states what about parents?
That they have the right to be informed of any action or decision that significantly affects their CYP
What does Section 218 require?
Explanation of rights given CYP must be given in a manner and language appropriate to age and level of understanding
When does sections 215 & 215A outline when a CYP must be informed of their rights?
- Before questioning (S. 215)
- When the CYP asks you about their rights (S. 215A)
Section 215 states CYP must be informed of their rights BEFORE QUESTIONING when you have….?
- RGTS CYP has committed an offence or
- before asking any questions in which you intend to obtain an admission
Section 215A states CYP must be informed of their rights when the CYP asks you about them, this applies when…?
- you are questioning a CYP in relation to their involvement and they ask you about their rights
In relation to S. 214 what was WEEP stand for (no arrest of CYP unless)?
- to prevent WITNESS interference
- to ENSURE appearance at court
- to prevent loss/destruction of EVIDENCE
- to PREVENT further offending
What are the exceptions to WEEP covered under Section 214 OT Act 1989?
- Category 4 or 3 offence, max penalty life or at least 14 years; and
- an arrest is required in the public interest; or
- an arrest is necessary to carry out breath/blood-alcohol provisions LTA
When must you report the arrest of a CYP by?
Within 3 days
No statement made by a CYP is admissible UNLESS…?
Rights caution explained; and
CYP allowed to consult lawyer
No statement made by a CYP is admissible UNLESS…?
Rights caution explained; and
CYP allowed to consult lawyer
Sections 221 to 226 relate to what?
Admissibility of statements made by CYP
No statement made by a CYP is admissible UNLESS…?
Rights caution explained; and
CYP is allowed to consult a lawyer or nominated person or both; and
a statement made in presence of either of those
As per S. 223 what is an exception to the admissibility rules for CYP?
Oral statements made spontaneously by a CYP before police had a reasonable opportunity to comply with requirements
As per S. 229 what are the notification requirements when you arrest a CYP or take them to Police station for questioning?
Inform as soon as practicable;
- nominated person and parent or guardian
that the CYP is at the station and they may visit them
Also as per S. 229 what is the nominated person, parent or guardian entitled to after being notified?
- visit the CYP
- have the CYP’s rights explained to them
- consult privately with the CYP
Who is suitable under section 222 to be a nominated person?
- parent or guardian of the CYP
- adult member of family of CYP
- any other adult selected by the CYP
If the CYP refuses or fails to nominate anyone who can we nominate?
Any adult so as long as they are not an enforcement officer
The act prevents Police asking other enforcement officers to be nominated persons
What does an adult mean in regards to eligibility to be a nominated person?
Someone 20 years and over
What are some examples of when police do not have to accept the nominated person?
- person would likely prevent the course of justice
- nominated person can’t be located
- nominated person not available within reasonable amount of time
