CYP Flashcards
Who must be informed of any police action that significantly effects a child or YP
Section 8, parents, guardians, caregivers have the right to be informed of any action or decision.
Categories of offences
Cat 1 - fine only
Cat 2 - imprisonment less than 2 years
Cat 3 - imprisonment for 2 years or more, right to elect trial by jury
Cat 4 - very serious offence
Section 214 OTA 1989 arrest of a CYP and the two exceptions
Ensure the CYP appearance in court.
Prevent further offences
Prevent loss/destruction of evidence
Prevent interference with witness
Exceptions - cat 3 or 4 offence and the arrest is in the publics interest or EBA
When to explain the rights
Section 215 OTA 1989
Before questioning
When the CYP asks you about their rights
When you have decided to charge
When you have arrested a CYP
A statement will not be admissible unless rights are given in accordance with the act
Who can be a nominated person
A parent of guardian
A adult member of the family
Any other adult selected be the CYP
When must a CYP arrest be reported?
To the commissioner office within 3 days of the arrest.
SOA 1981 Section 10B
Reference to CYP
Being a parent or guardian or a person having the care of a child under the age of 14 years.
Leaves a child
Without making reasonable provision for the supervision and care of the child
For a time that is unreasonable or under conditions that are unreasonable having regard to all circumstances