CYP Flashcards
Prosecution Must Prove
Mens Rea (Intent)
Actus Rea (Act)
Doli Incapax (Knowledge at the time of offending that the offending was wrong)
S222 Nominated Person
Person must be 20 plus years old and nominated by the youth, unless impractical or not suitable (cant be found in reasonable time or believe that the person may pervert the course of justice)
S221 Admissable Statements
In order for a youth statement to be admissable they require:
rights have been given and explained.
allowed to consult with lawyer and or nominated person.
statement made in the presence of lawyer or nominated person.
S214 Arrest Powers
214(1)(a) WEEP (Witness interference, prevent loss of evidence, ensure appearance before Court and prevent further offending.)
(2) Cat 3 or 4 offences (14 plus) and in the publics interest.
(3) notify the commissioner of arrest within 3 days.