CYF

Question 1

What defines a “young person” for Care and Protection purposes?

Answer 1

14 years up to 17 years. 18 years old is an adult.

Question 2

When would a s39 Place of Safety warrant be issued?

Answer 2

Where a District Court judge is satisfied that there are reasonable grounds to suspect that a child or young person is suffering, or likely to suffer, ill treatment, neglect deprivation abuse or harm.

Question 3

Who can apply for a s39 Place of Safety warrant?

Answer 3

Any constable or the CE of MVCOT.

Question 4

When can a constable invoke a s42 emergency entry and removal of a child or young person?

Answer 4

When he BELIEVES on reasonable grounds that it is CRITICALLY NECESSARY to protect a child or young person from injury or death.

(Child then goes to MVCOT. Commissioner must be notified within three days.)

Question 5

When can s48 be invoked?

Answer 5

When a child or young person is unaccompanied by a parent or guardian in a situation where the child physical or mental health is being, or is likely to be, impaired.

Question 6

If a child has been s48’d what do you the do with them?

Answer 6

• With the consent of the child, return them to a parent or guardian.
• If child or parent don’t want a bar of that the child is placed in the care of the CE of MVCOT. (They stay there until they want to go home or someone will take them.)

Question 7

What is the overriding intent of s208?

Answer 7

Criminal proceedings should be the absolute last resort when dealing with a young person. The focus is on alternative resolution and the strengthening of the whanau. Any actions should be the least restrictive possible as the well being of the young person is paramount.

Question 8

What must you consider under s214 before deciding whether or not to arrest a young person?

Answer 8

W - Prevent interference with witnesses
E - Prevent destruction of evidence
E - Ensure attendance at Court
P - Prevent further offending

Could the young person be summonsed?

Is it a 14yrs offence and in the public interest?

Question 9

What must you do when you arrest a young person under s214?

Answer 9

Notify the Commissioner within 3 days.

Question 10

When may you arrest a young person for BoB?

Answer 10

You believe they have breached their bail AND that they have breached bail on 2 or more previous occasions.

Authority to arrest must be obtained from a Youth Aid sgt or, in their absence, a supervising sgt or qualified Youth Aid officer.

Question 11

Under s215, when must a c/yp be given their Youth Rights?

Answer 11

• Reasonable grounds to suspect they have committed an offence
• Before asking any question intended to obtain an admission of an offence
• When you form the view while speaking to them that there are reasonable grounds to suspect them of having committed an offence.

Question 12

Under s215A when must you explain to a c/yp what their Rights are during questioning?

Answer 12

Anytime they ask

Question 13

Under s216 when must you give Rights to a c/yp in relation to charging them?

Answer 13

When you decide to charge them with any offence.

Question 14

What does s218 say about the manner and language in which you give a c/yp their Rights?

Answer 14

You must give Youth Rights in a manner and in language that is appropriate to the age and level of understanding of the c/yp

Question 15

What limit does s219 impose of obnoxious juvies repeatedly asking their Rights?

Answer 15

If you said them up to an hour ago, and they understood, you don’t need to do it again.

Question 16

Can you search cupboards etc under a s39 Place of Safety warrant?

Answer 16

Yes (R v KAHU). You may search the house in order to establish whether or not the child is “at risk”. This can include checking cupboards for food etc.

Question 17

What belief is key when invoking a s42 warrantless search?

Answer 17

That removal of the cyp is CRITICALLY NECESSARY to protect them from injury or death. (Pettus v R)

Question 18

Can a cyp detained under s48 be taken to a Police Satation?

Answer 18

Yes but only as an intermediary step while establishing where to take them eg parent, MVCOT etc. They should not be in the secure area and care should be taken to avoid any trauma whilst there. It must be made clear that they are not under arrest.

Question 19

Can s48 be used if you find a cyp committing an offence?

Answer 19

No, in that case s214 must be applied. s48 concerns care and protection only.

Question 20

Can a cyp be arrested in order to require a cyp to face the consequences of their offending?

Answer 20

No.

Question 21

If a cyp is on multiple charges does that affect how you deal with them when they commit a one off offence eg shoplifting?

Answer 21

No, s214 must always be considered.

Question 22

If a cyps support person changes during an interview what must you do?

Answer 22

Give them their Rights again.

Question 23

What do you need to make a statement admissible for a cyp under s221?

Answer 23

• BoR must be given in manner they understand

- Lawyer and/or nominated person must be present

Question 24

Who may act as a nominated person?

Answer 24

• Any adult nominated by the CYP

- If CYP fails or refuses to nominate any person or no suitable person then nominated person off the list

Question 25

When can Police object to a nominated person?

Answer 25

• Cannot reasonably be found
• Will not be available in a reasonable period of time
• Under 20
• Would likely attempt to pervert the course of justice

Question 26

When must a parent/guardian be told of a CYPs arrest or at a Police Station for questioning?

Answer 26

As soon as practicable

Question 27

What can you do once a CYP has been arrested under s234?

Answer 27

• Release without charge
• Bail
• Release into the custody of parents OR into the care of any other person/social service with the approval of the CYP AND MVCOT or a constable

Question 28

What does s235 say about holding CYPs in custody?

Answer 28

Any CYP that you want to hold in custody for WEEP or to prevent continued BoB must be placed into custody of MVCOT as soon as practicable and within 24hours

Question 29

When can a CYP who has been arrested continue to be held in Police custody for over 24 hours before appearance at Court?

Answer 29

If there is nowhere secure for them in MVCOT care AND they are likely to abscond/become violent.

A certificate must be signed by both a S/SGT and an MVCOT delegate.

Certificate and report must be made to the Commissioner with 5 days