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CIB/CPK Study Cards - email BHCC36 > CPK - CFYS > Flashcards

CPK - CFYS Flashcards

1
Q

Explain Section 39 a place of safety warrant?

A
  • Issued by judge
  • cases of ill treatment, neglect, harm and abuse.
  • Can enter, search and use force to remove child
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2
Q

Explain section 42 Search without a warrant

A
  • Child suffers injury or death
  • Critically necessary to protect
  • Enter, search, use force to remove child
  • place in CFYS

MUST show ID, state power, report to commissioner within 3 days

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3
Q

Section 48 - Unaccompanied child or young person

A
  • Unaccompanied where physical or mental health to be impaired
  • with consent take home or CFYS

Young person 14 yrs plus but under 18 yrs

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4
Q

Section 208- Youth justice principles what are 4 primary considerations?

A
  • Wellbeing/best interest of child
  • Public interest
  • Victim interest
  • Accountability of child
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5
Q

Section 214 - reasons you may arrest a 1J without warrant

A
  • Ensure appearance in court
  • Prevent further offending
  • Prevent loss or destruction of evidence
  • Prevent interference witnesses

MUST report to commissioner within 3 days

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6
Q

Under section 214A when can a 1J be arrested for breach of bail?

A
  • Breached bail and has breached on two or more previous times
  • Authority to K9 from Youth aid Sgt first instance or supervising Sgt or above or qualified youth aid officer
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7
Q

Explain Section 215 in relation to questioning a child?

A
  • Child must be informed of rights before questioning
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8
Q

Explain what you must do at the request of the child about their rights?

A
  • At the request of the child under section 215A you must explain their rights
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9
Q

Explain S216 about a child who is charged with an offence?

A
  • You must explain the rights to a child who has been charged with an offence.
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10
Q

If a child is arrested what must you explain?

A
  • S217 explain their rights
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11
Q

How must the child be given their rights?

A
  • S218 in a manner and language appropriate to age and level of understanding
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12
Q

Under S221 what would make a statement by a child admissible?

A
  • Right explained
  • Consulted with lawyer and or nominated person beforehand
  • Made in presence of lawyer and or nominated person
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13
Q

Under S222 who can be a nominated person and what can Police do?

A
  • Parent or guardian, adult family member or any other adult.
  • Police can refuse if likely to pervert course of justice.
  • OC can nominate if fails or refuses to nominate.
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14
Q

Under S223 when do the requirements of S221 make statement admissible?

A
  • Statement is made spontaneously before OC had reasonable chance to give rights
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15
Q

S229 What is the parent or guardian to be informed of ASAP?

A
  • Child at station for questioning or arrested
  • Can be visited
  • Can consulted with them in private
  • If nominated person not parent or guardian inform them also
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16
Q

Do EBA provision under the LTA apply to a youth?

A
  • S223 Yes they do
17
Q

Under S234 what must Police do with a child or YP following arrest?

A
  • Release on bail
  • deliver to parent or guardian
  • deliver to iwi or cultural social service on agreement with child
  • deliver to any person or organisation approved by CYFS or Police
18
Q

Under S235 when may a child be placed in custody of OT and how soon must this happen?

A
  • RGTB that S214 will occur again or
  • Breached bail and will continued to breach
  • Must place in custody of chief executive no later than 24 hrs after arrest
  • Must give details of ID, circumstances of arrest, date of court
19
Q

Under S236 a child can be held in Police custody for more than 24 hrs when?

A
  • Chief Executive, Snr Sgt or above are satisfied that
  • YP will abscond or be violent
  • Suitable locations for detention not available
  • Joint cert issued to detain for more than 24hrs
20
Q

If a joint cert has been issued to detain a YP for more than 24 hrs must Police do within 5 days?

A
  • Report to commissioner about duration of detention or why the cert was issued include copy of this cert

CIB/CPK Study Cards - email BHCC36 (69 decks)

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