CM05: Youth Justice Flashcards

1
Q

What is a child aged 10+ years criminally responsible for?

A

Murder & Manslaughter

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2
Q

What is a child aged 12 &13years criminally responsible for?

A

Murder/Manslaughter
Any offence that’s max penalty is life imprisonment on at-least 14 years

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3
Q

What is a child aged 12-13 years criminally responsible for after already being convicted/declared in need of care and protection?

A

Any offence which is at least 10 years but less than 14 years

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4
Q

Under Section 8 of the OT Act, who must you inform of any actions/decisions that significantly affect the CYP?

A

Parents/caregivers/guardians

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5
Q

What does Section 214 of the OT Act 1989 refer to?

A

The Powers of Arrest

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6
Q

Under Section 214 of the OT Act 1989, CYP should not be arrested unless it is necessary to?

A

Witness interference (prevent)
Ensure appearance at court
Evidential material (prevent loss)
Prevent further offence
Summons would not achieve its purpose

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7
Q

What are the exceptions for Section 214 of the OT Act 1989?

A
  • If arrest is for category 3 or 4 AND arrest is required in public interest
  • Arrest is necessary for EBA
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8
Q

What is a Category 1 Offence?

A

Fighting - Fines only

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9
Q

What is a Category 2 offence?

A

Less than 2 years or community based sentence or fines

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10
Q

What is a category 3 offence?

A

Imprisonment for 2 years or more, with right to elect trial by jury

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11
Q

What is a category 4 offence?

A

Very serious 2 years to life in prison

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12
Q

Under Section 215 of the OT Act 1989, When do you have to explain CYP rights?

A
  • Before questioning
  • When the CYP asks you about their rights
  • When you have decided to charge
  • When you have arrested a CYP
  • Statement will not be admissible unless rights are given
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13
Q

What is a “Nominated Person”

A

Parent/Guardian, Adult Family Member/Family Group, Any other Adult (20 years older)

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14
Q

Where are statements admissible in court under OT Act?

A

-When rights/caution have been explained
-CYP allowed to consult with lawyer or nominated person or both
-Statement made in presence of lawyer and nominated person

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15
Q

What is the reporting procedure for arresting a CYP?

A

Submit report to commissioner within 3 days of the justification and why it was necessary

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16
Q

How is accompany different to arrest for a CYP?

A

CYP can withdraw consent to accompany at any time

17
Q

No statement made by a child or young person is admissible unless given their rights and statement made in front of a nominated person. What is an exception to this?

A

An oral statement made spontaneously by a CYP

18
Q

Section 214 of the Oranga Tamariki Act allows you to arrest a CYP for certain instances, what are the exceptions?

A

If arrest is for a category 3 or 4 offence and is in the public’s interest
AND
If arrest is necessary for EBA compliance