CYFs Act 1989 - Youth Justice

Question 1

Ages of criminal responsibility

Answer 1

Child under 10 - no criminal responsibility

Child 10+ - only with murder and manslaughter

Child 12-13 - an offence where maximum penalty is life or at least 14 years imprisonment

Child 12-13 (previous offence) - is a previous offender under previous options and offence penalty is 10 - 14 years imprisonment

Young Person 14-16 - criminally responsible, dealt with by YAS, FGC, Youth Court

17 - Adult

Question 2

CYFs Act 1989

Section 215

Answer 2

When a CYP must be given rights
SADBADD

Where there are reasonable grounds to SUSPECT CYP committed offence

On ARRESTING CYP

DURING question, officer forms RGTS cyp has committed an offence

BEFORE questioning CYP to obtain admission

When a CYP ASKS about their rights

DURING questioning officer DECIDES to charge CYP

Question 3

CYFs Act 1989

Section 214

Answer 3

CYP powers of arrest without warrant
Can only arrest if:
WEEP

Prevent interference with WITNESS
Prevent loss/destruction of EVIDENCE
ENSURE appearance at court
PREVENT further offending

Question 4

When they can not be a nominated person

Answer 4

If they may attempt to pervert the course of justice

If they cannot with reasonable diligence be located

If they would not be available within a reasonable period of time

If they are under 20

Police officer