CYFs Flashcards
S39 Place of safety warrant
RGS CYP illtreatment, neglect, deprivation, abuse, harm
Warrant may be issued (DC Judge) to
enter, search, detain (w/force) for CYP
CYP to chief Exec
Where CYP in Hospital - remain in hospital
CYP. s42 Search without warrant
RGB - CRITICALLY necessary to protect CYP fromInjury or Death
May enter (w/force) and remove detain (w/force)
CYP to Chief Exec
(Produce ID, disclose powers and *CHILD 3 days)
CYP s 48 Unaccompained CYP
CYP unaccompainted by parent. guardian
Physical or mental health is or is likely to be impaired
May (w/force) take CYP and:
- with consent return to parent / guardian
- w/o consent or no parent/guardian available - to care of Chief Exec.
CYPs. What is the age of a young person
Over 14 but under 18 years of age
YOUTH JUSTICE. Section 208 principals - Proceedings
- Unless in public interest proceedings should no be instigated if there are alternative solutions
- Shouldn’t be instigated to provide assistance/services
- Measures should strengthen family, foster ability to address offending
- CYP should be kept in community balanced with public safety
- Age a mitigating factor
- Sanctions should be the least restrictive possible and promote development
- Sanctions should address causes of offending
- Consideration should be given for interests of victim
- Vulnerability of CYP entitles special protection
CYP. s214. Arrest of CYP without warrant
Should not arrest unless satisfied on reasonable grounds that arrest required to
- ensure appearance at court
- prevent further offences
- prevent loss/destruction evidence
- prevent interference with witnesses OR
Where CYP could be summonsed but a summons would not effect that purpose.
CYP s214. Arrest without warrant.
Nothing prevents the arrest of a CYP w/o warrant for what?
RGS - cat 3/4 offence (14+ year penalty)
RGB arrest required in public interest
*CHILD witin 3 days why arrested w/o warrant
CYP. s214a Arrest for Breach of bail.
CYP released on bail and -
- breached or breached recently AND
- two or more previous breaches
Authority to arrest for BoB should be obtained by a YA Sgt, or in their absence a qualified Sgt or YA officer. CYP placed into care of Chief Exec.
s215 Questioning CYP’s- rights
- if a power of arrest w/o warrant, may be arrested if refuse to provide details (doesn’t apply if arrested)
- Not obligated to accompany (and may withdraw consent) for purpose of questioning (doesn’t apply if arrested)
- No obligation to make stx (and may w/draw consent)
- Stx may be given in evidence
- Entitled to consult with and make stx in presence of solicitor AND nominated person
s215 CYP. rights explained (how and when)
Before questioning CYP where RGS committed an offence or before questioning intended to gain an admission.
Must explain if requested
Language appropriate to age level
Not required to explain in same explanation given less than 1 hour ago.
s2s1 CYP. Admissibility of Stx’s
No oral or written stx admissible unless
Before stx, rights explained; and
Where CYP wishes to consult solicitor and nominated person and had made stx in presense of same
(doesn’t apply to spontanous statements)
s222 Nominated persons. who can be a nominated person
Parent / guardian
Adult family member
any adult selected by CYP
s222 Nominated persons. If CYP fails to nominate a person or can’t be found or not person not suitable
If fails to nominate- any adult (not enforcement officer)
Where police have RGB they would pervert justice or can’t be located in reasonable time, may refuse CYP to select that person.
s222 Nominated persons duty
To ensure
- CYP understands matters explained
- Support before and during questioning
s229 Informing parent/guardians of CYP at station for questioning for offence (or is arrested)
They are entitled to visit CYP
Advise them of their rights in a language manner they understand
May consult privately with CYP - not in absence of police if that CYP is being guarded so subject to reasonable conditions to safeguard CYP or prevent offence.
s233 CYP. EBA / Blood LTA provisions
Powers of arrest, rights and stx not limited by CYP rights
s234 custody of CYP following arrest w/o warrant shall_
Release CYP; or
Release on bail; or
deliver to custody of
- parent /guardian
- w/consent iwi or cultural service
- any other approved person (by constable or chief exec)
s235 CYP arrested may be placed into custody of chief executive. When and process
If normal bail op conditions apply (appearance, loss destruction evidence etc)
ASA practicable and not later than 24 hours
When placed into custody of chief exec. fill out a form
- ID of CYP
- Circumstances
- Date and time of court
s236 CYP arrested and has been detained in police custody past 24 hrs
Where Chief Exec (or delegate) and Snr Sgt satisfied on RG
- YP (14-18) arrested and likely to be violent / abscond and
- suitable facility is not available
May be detained (joint certificate) for period exceeding 24 hours and until appearance in court.
If joint cert issued, within 5 days *CHILD copy of certificate, circumstance and duration of detention in police custody
Charging / holding CYPs. If arrested when do they have to appear in court
Appear in court within 7 days
Can’t be released on summons
OTB for CYP, what age and who should you consult
12-17 years
Must seek immeadiate guidance from YA office
