CYP Flashcards
Section 48
- CYP physical or mental being or likely to be impaired.
Consent - parent
If not consent or parents say no, place CE - Until CYP return to parent or
Application to court for C&P order or
5days max if in need of care or protection or 3 days after that date
208 principles
No criminal if alternatives
Not to provide assistance services
Strengthen the whanau, foster their ability
Kept in community
Age is a mitigating factor
Maintain and promote developing, least restrictive form
Address underlying causes
Victims views and interests
Vulnerability gives special protection
214(1) and (2)
- Appearance, offending, evidence, witnesses
- Public interest and serious offence - cat 3 or 4
214A authority to arrest
Youth aid sergeant (1st instance) or in their absence a supervising sergeant or above or qualified youth aid officer
234
Release
Bail
Deliver to parent custody
Consent - iwi/cultural social service
Consent - CE approved person or org
235 (1) (1A) and (2)
(1)Person arrested, (1A)and WEEP or 214A, believed in reasonable grounds, must:
Place in CE custody and within 24hours
(2) Deliver to CE and on prescribed form, serial identity, circumstances of arrests and date and time of court
236
Likely to abscond or be violent and
Suitable facilities not available to CE
Can exceed 24hrs and until court
Joint cert between CE and S/Sgt or above
Report to Commissioner within 5days
Bail of CYP
Under 21 of Bail Act
Must sign bail bond
Court appearance within 7days
Section 29 Victims Rights Act - child bail
Specified offences
Must make reasonable effort to seek their views
Must inform each victim of the order made by court and if bailed, any conditions relating to victim safety and security