CM05- Youth Justice Flashcards
What are the ages of criminal responsibility for different offences?
Child 10 years+ - offences of murder of manslaughter
Child 12 and 13 years- one (other than murder or manslaughter) for which maximum penalty available is or includes imprisonment either for life or at least 14yrs.
Child 12 and 13 years- either been convicted of or declared in need or care and protection after committing offence where max pen is 14 or more years and now commits another offence where penalty is at least 10 but less than 14.
Who must be informed of any police action that significantly affects a CYP?
Parents/guardians/ caregivers/
What is section 214 of OT act (WHEN USED REPORT TO COMMISSIONER)?
What are the two exceptions?
1) NO ARREST OF CYP UNLESS satisfied on resonable grounds that it is necessary to arrest to:
Ensure the CYP get to court
Prevent further offences
Prevent Loss/destruction of evidence
Prevent interference with witnesses
AND summons would not achieve that purpose
2) arrest is for category 4 or 3 offence - imprisonment for life or at least 14 years AND it is required in public interest.
Arrest is necessary to carry out EBA provisions on the LTA- (adults rights caution but being responsible you would just give YP caution.
When must caution rights be given to a CYP?
4
1) Before questioning when you have reasonable grounds to suspect
2) When the CYP asks about their rights
3) When you have decided to charge
4) When you have arrested a CYP.
5
Who can be a nominated Person?
Any person over the age of 20.
suitable include: Parent or guardian, adult member of the family, any other that they nominate.
If they don’t nominate an enforcement officer can nominate.
NOTE- If parent of CPY is an enforcement officer they can be a nominated person.
No other enforcement officer can be.
What are rules of admissibility of statements made by children?
Rights explained
AND
CYP allowed to consult with lawyer or nominated person or both
AND
statement is made in presence of Lawyer AND/OR person nominated.
What is your reporting obligations when arresting a CYP?
Must submit a report to the COMMISSIONER within 3 days.
Must state justification under 214 as to why it was necessary to arrest CYP without warrant.
use bulletin boards form- CYP Arrest/removal notification screen.
What do category 3 and 4 offences refer to?
3- imprisonment for 2 years or more wit the right to elect trial by jury
4- very serious offences listed in a schedule eg murder or manslaughter) punishable by life imprisonment or by two years or more imprisonment.
