CYP

Question 1

When a CYP must be given rights

6

Answer 1

When a CYP must be given rights
SADBADD

1. RGTS CYP committed offence
2. On ARRESTING CYP
3. DURING questioning officer forms RGTS cyp has committed an offence
4. BEFORE questioning CYP to obtain admission
5. When a CYP ASKS about their rights - only rights inquired about need to be explained
6. DURING questioning officer DECIDES to charge CYP

1 hour timeframe

Question 2

S218 CYP Act

Answer 2

A.
Rights and information to be explained to them in a manner and in a language that is appropriate to their age and level of understanding.

Question 3

S214 CYP Act 1989

May only arrest a CYP without warrant for the purpose of-

Answer 3

A)

I) Ensure appearance before court
II) prevent loss or destruction of Evidence/ interference with witnesses
III) Prevent further offending

Does not apply for 14 year and above offences

Question 4

S214 (2)CYP may arrest a CYP without warrant if

Answer 4

A) has committed a category 4 or 3 offence max penalty 14-life imp or if it is the public interest

Question 5

S222 (2) CYP

When police can refuse to allow the CYP to consult with their nominated person

Answer 5

A) would be likely to pervert the course of justice

B) can not with reasonable diligence be located within a reasonable time period

Question 6

S222 CYP who can be a nominated person:

Answer 6

Persons who may be nominated:

a) A parent or guardian
b) An adult member of the family, whanau, or family group
c) Any other adult selected
d) if the child or young person refuses or fails to nominate any person, an enforcement officer can nominate a person

Question 7

S215 CYP Child or young person to be informed their rights before questioning

What must be explained to the young person:

Answer 7

1 a) if you have the power to arrest and they refused to give their name / address and cannot be served a summons
B) not obliged to accompany the police office to be questioned but if they do they may withdraw consent at anytime
C) is under no obligation to give a statement
D) consents to give a statement may with draw consent at any time
E) statement may be used in court
F) they are entitled to consult with a lawyer or nominated person