CYP

Question 1

What is Section 8 of the OT Act 1989?

Answer 1

Police responsibilities - Parents & others to be informed as soon as practicable about any actions or decisions of a CYP that significantly affects their CYP.

Orally or where practible in writing

Question 2

What is WEEP stand for and what section is it under the OT Act 1989?

Answer 2

Section 214 - Power to arrest w/o warrant.

Witness protection
Exhibit CADD
Ensures appearance in court
Prevent further offending

(1 of these must be present to justify an arrest)

Exception is CAT 3 or 4 offence. Max penalty is imprisonment for life or 14yrs.

Question 3

What must be given to CYP as per s215 of the OT Act 1989?

Answer 3

State when questioned or arrested - must be clearly explained.

RGTS the CYP has committed an offence:

• asking CYP questions intended to obtain admission
• during questioning offender forms RGTS the CYP has committed an offence

Question 4

Define child

Define young person

Answer 4

Means a person under the age of 14

Means a person of or over the age of 14 but under 18yrs.

Question 5

What is the paramount principle OT Act 1989? S4A(1)

Answer 5

The wellbeing & Best interest if the CYP are the first & paramount consideration

Question 6

What is Section 14 and 14AA of the OT Act 1989

Answer 6

ID CYP in need of care and protection in terms of the act.

1. Parent/caregiver who abuse/I’ll treat their children or are unable or unwilling to look after them.
2. CYP who will not obey/listen to their parents or wilfully misbehaving to a serious degree.

Question 7

What is s39 of the OT Act 1989?

Answer 7

Place of safety warrant

Action is not immediate because it is not critically necessary, action is desired.

Question 8

What is s40 of OT Act 1989?

Answer 8

Warrant to remove CYP

Question 9

What is s42 of the OT Act 1989?

Answer 9

Search without warrant

Constable BRG that is critical necessary to protect CYP from injury or death.

Enter & search w/o place, remove to detain CYP and place into OT custody.

(3 days to inform commissioner)

Question 10

What is s48 of the OT Act 1989?

Answer 10

CYP found unaccompanied w/o parent/guardian or other person who cares for them in any place where CYPs physical or mental health is being or likely to be impaired.

May use force to take CYP and deliver them into custody or parent/guardian with CYP consent.

If no consent take to OT custody.

Question 11

What is s10B of the summary offences act 1981?

Answer 11

Parent/guardian or person in care of child under 14yrs, leaves child w/o making reasonable provision for the supervision & care of child. For a time that is unreasonable having regards to all the circumstances.

Question 12

What is s9 of the OT Act 1989?

Answer 12

Rights to receive info in a language they understand. An interpreter maybe necessary.

Question 13

What is s218 of the OT Act 1989?

Answer 13

Rights is given to CYP in a manner and language that is appropriate to their age & level of understanding.

Question 14

When do you need to explain a CYP their rights?

Answer 14

There are 5 sections under the OT Act 1989

1. s215 - before questioning
2. s215A - when a CYP ask about their rights
3. s216 - when you decide to charge
4. s217 - when you arrested a CYP
5. s221 - statement will not be admissible unless rights are given.

Question 15

What is s215A OT Act 1989?

Answer 15

Breach of bail conditions.

Arrest CYP if BRG that CYP has breached condition of that bail & has 2 or more conditions of that bail.

3rd time arrest unless they have committed similar offence whilst in bail.

Question 16

What is s223 of the OT Act 1989?

Answer 16

Oral statement made spontaneous by CYP Before Police have had reasonable opportunity to comply with the requirements of the act.

Question 17

What is s229 of the OT Act 1989?

Answer 17

Must notify parent/guardian or caregiver of CYP

Question 18

What is s222(1) of the OT Act 1989?

Answer 18

Nominated person is an adult over the age of 20yrs or family member.

If they refuse to have a nominated person then an enforcement officer may nominate any adult except an enforcement officer unless they are the parent.

Question 19

Who can’t be a nominated person?

Answer 19

If nominated person would attempt or likely to prevent the course of justice. (not allowed a co-offender).

Person cannot with reasonable diligence be located.

If nominated person would not be available with a period of time that is reasonable in the circumstances.

Question 20

What age in which a CYP is criminally liable?

Answer 20

14yrs to under 18yrs is criminally responsible.

Dealt with by youth aid/FGC or youth court.