CYP

Question 1

Definition of a young person.

Answer 1

Of or over the age of 14 years but under the age of 18 years.

Question 2

S39 - Safety Warrant:

Who can issue child safety warrant.

Answer 2

Any District court judge or if not available any issuing officer (S3 S&S Act).

Satisfied CYP suffering or likely suffer ill treatment, neglect, deprivation, abuse or harm.

Question 3

Who can apply for safety warrant

Answer 3

Constable or chief executive.

Question 4

S42 - Search without warrant.

Answer 4

Any Constable believes reasonable grounds critically necessary to protect CYP from injury or death may enter.

Must:
Provide Evidence of identity.
Notification within 3 days.

Question 5

What powers does a safety warrant permit

Answer 5

Enter & search if believe harm, suffering, neglect etc.

Detain and remove, place in custody of chief executive.

Question 6

What police powers exist if CYP found unaccompanied?

Answer 6

S48 OT Act - If found in situation where physical/mental health likely to be impaired police can:

Detain (reasonable force if necessary) and with consent deliver to parent/guardian or

No consent or guardian doesn’t agree place in care of chief executive.

Question 7

How long care and protection order valid.

Answer 7

Order expires 5 days after which CYP placed in custody.

Question 8

What are the principles for deciding action against youth offenders.

Answer 8

Criminal proceedings shouldn’t be instituted unless in public interest.

Sanctions imposed should promote development of CYP, family, whanau, hapu, FG.

Least restrictive form.

Address underlying issues.

Question 9

When can police arrest CYP without a warrant?

Answer 9

S214

Witness protection

Ensure before court

Evidence - prevent loss/destruction

Prevent further offending.

• RGTS Cat 3/4 offence
• Public interest should be considered*

Question 10

What are reporting requirements when arresting CYP?

Answer 10

Written report to commissioner within 3 days (Police).

Chief executive of department(Public service)

Chief executive local authority (local authority)

Question 11

When can a CYP be arrested for breaching bail?

Answer 11

S214A

Breached bail & has 2 or more previous breaches of that bail.

*Authority must be given from Y.A sgt, supervising sgt or qualified Y.A officer.

Question 12

When must Bill of rights be given to CYP?

Answer 12

Reasonable grounds to suspect offence.

Before asking questions intended to gain admission.

Asking questions in relation to an offence.

Deciding to charge CYP.

Arrest.

• To be given in a manner/language understood by that person*

Question 13

Who can be a nominated person for CYP?

Answer 13

Parent or guardian.

Adult family.

Any other adult.

• Unless likely to pervert course of justice*.
• If cannot be located in reasonable time, police may refuse that person*.

Question 14

Who must be notified when CYP arrested.

Answer 14

Parent/Gaurdian and nominated person must be informed as soon as practicable that CYP arrested and at station may be visited.

Question 15

What is the role of a nominated person?

Answer 15

Provide support for CYP.

Before and during questioning.
If CYP agrees to statement, during that statement.

Question 16

What happens if CYP not bailable?

Answer 16

To be placed in custody of chief executive no later than 24hours after arrest.

(Power cannot be used for care and protection).

Question 17

CYP may be detained and remain in custody for more than 24 hours.

Answer 17

Believe CYP abscond or be violent

No facilities available.

236 joint certificate of delegate and constable issued. (Substantive senior Sgt authorise or acting if has 236 cert)

Question 18

What should be considered when deciding to charge CYP.

Answer 18

Criminal proceedings should not be initiated unless there are. I other means of dealing with a matter and any proceedings must take least restrictive form to appropriate circumstances.

Question 19

What happens if a CYP detained under S48 does not want to be returned home?

Answer 19

Police shall place the CYP in the custody(not in cells) of chief executive by delevering them to social worker.

Question 20

If a CYP is arrested on a CAT 3/4 offence, what else must be considered.

Answer 20

Constable believes on reasonable grounds that arrest of CYP is required in the public interest.

Question 21

Who’s authority must be obtained when making arrest under S214A

Answer 21

Youth aid Sgt

Supervising Sht

Qualified Y.A officer.

Question 22

S216 CYP relates to what.

Answer 22

BOR to be given when an officer decides to charge a CYP.

Question 23

BOR not required if given not earlier than?

Answer 23

One hour before

Question 24

Do you have to inform mum of arrested CYP?

Answer 24

Unless impractical, inform parents or guardians or other persons having care of CYP.

Question 25

Where release CYP following arrest.

Answer 25

Any parent, gaurdian or person having care of.

With agreement of CYP - Iwi or cultural service or other person approved by chief executive or constable.

Question 26

Who can sign S236 letter?

Answer 26

Snr Sgt or constable above or at level of inspector.

Can be acting if S63 letter held

Question 27

Does S39 warrant allow check for food supplies in house.

Answer 27

Yes and allows to open cupboards for that purpose.