CM05: Youth Justice

Question 1

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

Answer 1

Murder & Manslaughter

Question 2

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

Answer 2

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

Question 3

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

Answer 3

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

Question 4

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

Answer 4

Parents/caregivers/guardians

Question 5

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

Answer 5

The Powers of Arrest

Question 6

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

Answer 6

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

Question 7

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

Answer 7

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

Question 8

What is a Category 1 Offence?

Answer 8

Fighting - Fines only

Question 9

What is a Category 2 offence?

Answer 9

Less than 2 years or community based sentence or fines

Question 10

What is a category 3 offence?

Answer 10

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

Question 11

What is a category 4 offence?

Answer 11

Very serious 2 years to life in prison

Question 12

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

Answer 12

• 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

Question 13

What is a “Nominated Person”

Answer 13

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

Question 14

Where are statements admissible in court under OT Act?

Answer 14

-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

Question 15

What is the reporting procedure for arresting a CYP?

Answer 15

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

Question 16

How is accompany different to arrest for a CYP?

Answer 16

CYP can withdraw consent to accompany at any time

Question 17

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?

Answer 17

An oral statement made spontaneously by a CYP

Question 18

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

Answer 18

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