CYFS Flashcards
S214
powers of arrest of young person
When can you arrest a child
When an officer is satisfied on reasonable grounds that it is necessary to arrest for the purpose of
- ensuring the childs appearance in court
- preventing further offending
- prevent the the loss or destruction of evidence
- prevent interference with any witness
or
for committing any cat 4 or cat 3 offence (with 14+ penalty) and it is in the public interest
S215
informing a youth of their rights
obligations under s215
Give rights when
- when the person is under arrest
- when police have RGTS them of committing an offence
- before asking any questions of the person that are intended to obtain an admission of an offence
- when during the course of questioning the officer forms RGTS the person of committing an offence
- when the person asks about all or part of the rights explained
When don’t you have to give a CYP their rights
Held under LTZN for eba procedures
Held under the immigration act
has been given their rights within the previous hour
S218
Rights to be given to a CYP in a manner and language they understand appropriate to their age
S222
Nominated persons
Who can be a nominated person
a parent or guardian of the child
adult member of the family
any other adult selected by the child
if no person nominated then any adult other then a law enforcement officer nominated by the enforcement officer for this purpose
When can you refuse the childs nominated person
if allowed to consult with the child in private they would attempt to pervert the course of justice
cannot with reasonable diligence be located or won
t be available with a period of time that is reasonable in the circumstances.
What is the doli incapax?
An irrebuttable presumtion that any child that is under the age of 10 years cannot be held legally responsible for their actions
a rebuttable presumption that any child between the age of 10-13 cannot be criminally liable unless they knew their actions were wrong
