CMO5 Youth justice

Question 1

What are the Criminal liabilities for children under 14 under section 272 (1) of the Oranga Tanariki Act

Answer 1

1) 10 Years+ - Offences of murder/manslaughter
2) 12-13 Years - The offence is one for which the maximum penalty is available
3) 12-13 Years - Has been convicted of maximum am offence and then commits an offence where the conviction is between 10 and 14 years.

Question 2

Who needs to be informed regarding police action towards a young person that would significantly affect them

Answer 2

Parent/Guardian

Question 3

What is the basic understanding and application of Section 214 of the Oranga Tamariki act 1989

Answer 3

I can’t arrest a CYP UNLESS:

• to Ensure an appearance in court
• Prevent further offences
• Prevent loss/destruction of evidence
• Prevent interference with witnesses

And as long as it’s in the public interest.

(3 P’s and an E)

Question 4

What are the exceptions to Section 214 of the Oranaga Tamariki act 1989

Answer 4

1) The arrest is for Category 4 or Category 3 and The arrest is required in the public interest

OR

2) The arrest is necessary to carry out a breath/blood alcohol test (Transport Act 1988)

Question 5

I what circumstances must I give caution rights to a young person:

Answer 5

• Before any questioning
• When I have decided to charge
• When I have arrested or detained
• When they ask

Question 6

What is different about the caution rights given to a CYP?!

Answer 6

It’s in plainer English so a young person can Cleary understand it.

You should also ask them to explain in their own words what you’ve told them

Question 7

Who can be a nominated person for a CYP

Answer 7

• Parent or Guardian
• Any adult in the family
• any adult

Question 8

What are the rules of admissibility for statements made by CYP

Answer 8

• Child has to be given caution rights
• Child is allowed to consult with Lawyer/nominated person
• Statement is made in the presence of the above

Question 9

What are the reporting requirements of arrested a CYP

Answer 9

I MUST report to the commissioner of Oranga Tamariki within 3 days

Question 10

What are Category 3 and 4 offences?

Answer 10

Category 3: imprisonment of two years or more

Category 4: Very serious offences: Murder or Manslaughter