CYP

Question 1

Section 4A of OT ACT

(Paramount principle of act)

Answer 1

The WELL-BEING and BEST INTERESTS of the child or young person are the FIRST and PARAMOUNT consideration

Question 2

Define Child

Answer 2

A person under 14 years of age

Question 3

Define Young person

Answer 3

A person over the age of 14 years but under 18

Question 4

Section 42 - OT Act

Search without a warrant

Answer 4

Any constable who believes on reasonable grounds

That it is CRITICALLY NECESSARY to protect a child or YP from injury or death

May enter and search
And
Remove or detain
The CYP
and place in custody of OT

Question 5

Section 42 obligations

Answer 5

On first entering or if requested at any time

• produce identification
• state you are using section 42 of the oranga tamariki act 1989
• within 3 days inform commissioner of the use of this power

Question 6

CYP detained under section 42
must be given …..

Answer 6

Must be given their rights as they are detained

Question 7

Section 42 (what does it allow )

Answer 7

Enter
Search
Remove
Detain

Use force if necessary

Question 8

Section 48 OT act

CYP found unaccompanied

Answer 8

CYP found unaccompanied by parent/guardian

In a situation in which their physical or mental health is being or likely to be impaired

A constable may use force as may reasonably be necessary

TAKE the CYP & with their consent DELIVER them into the custody of the parent or guardian

If no consent or parent unwilling to take them PLACE in custody of OT

Question 9

What criteria must exist before using section 48

Answer 9

• unaccompanied by parent/guardian
  -physical or mental health being or likely to be impaired

Question 10

Section 8 OT Act -Parents to be informed

Answer 10

Police responsibilities to parents or caregivers when police deal with CYP in manner that SIGNIFICANTLY AFFECTS CYP

Question 11

Section 9 OT act - rights

Answer 11

Rights to be given in a manner and language they understand

Question 12

4 primary considerations when dealing with CYP for alleged offending

Answer 12

• wellbeing and best interests of CYP
• public interest (including public safety)
• the interests of any victim
• the accountability of CYP for behaviour

Question 13

Section 214 OT act

Answer 13

A CYP cannot be arrested unless it is necessary for the following

Witness/victim safety
Ensure CYP appearance at court
Evidence- prevent loss/destruction
Prevent further offending

Question 14

Is it possible to arrest a child if they cannot be charged (under 14)

Answer 14

Yes (it’s about controlling offender) if WEEP exists they can be arrested

Question 15

215 - when to give rights

Answer 15

• Before questioning as an offender/suspect
• when child or young person asks about rights
  -when you have arrested them

Question 16

Exceptions to 214

Answer 16

-offence 14years+ imprisonment and required in public interest

-arrest is necessary to carry out EBA procedures

Question 17

Reporting requirements arrest of CYP

Answer 17

Report to commissioner in 3 days

Question 18

CYP Breach of bail - when can arrest

Answer 18

RGTB - CYP breached bail

2 or more previous breaches of bail

Question 19

221 - admissibility statement

Answer 19

No statement made by CYP is admissible

Unless Rights/Caution explained

And CYP allowed to consult with a lawyer and/or nominated person

And statement made in presence of lawyer/nominated person

Question 20

Exception of 221 OT ACT

Admissible statements

Answer 20

Oral statements made spontaneously by a CYP before police have had opportunity to comply with 221

Question 21

S229 -inform parents of arrest or questioning of CYP

Answer 21

Must notify parent/ caregiver as soon as practicable that CYP is at station

Question 22

S222- nominated person suitability

Answer 22

• nominated by CYP (can be parent, family member or any adult selected by CYP)
  -must be 20 years or over
• if CYP refuses to nominate a enforcement officer may nominate (so long as adult isn’t enforcement officer)

Question 23

Nominated person- where police can refuse person selected

Answer 23

• co-offender
• nominated person would be likely to pervert course of justice
• nominated person cannot with reasonable diligence be located
• NP would not be available within a period of time that is reasonable in the circumstances

Question 24

Child left unaccompanied (Charging)

SOF ACT - 10B

Answer 24

Parent or guardian of Child (U14)
Leaves that child

Without making reasonable provision for the supervision and care of child

For a time that is unreasonable or under conditions that are unreasonable having regard to all the circumstances

Question 25

Criminal responsibility

Answer 25

10 + 11 - murder/manslaughter

12 + 13 - serious offences or persistent offending

Must be able to prove ‘doli incapax’ - child knew what they were doing was wrong or contrary to law