CYP Act Flashcards
What are the grounds for issuing a warrant to remove child or young person - Section 40 CYP Act 1989
where there are reasonable grounds for believing that the child or young person is—
(a)suffering, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm; or
(b) so seriously disturbed as to be likely—
(i) to act in a manner harmful to the child or young person or any other person; or
(ii) to cause serious damage to property,
Who can apply for a warrant to remove under Section 40 CYP Act 1989
An application for a warrant under subsection (1) may be made by a constable or a social worker.
What does a section 40 warrant authorise
Any person authorised by warrant under this section to search for any child or young person may—
(a) enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
(b) either—
(i) remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive; or
(ii)where the child or young person is in a hospital, direct the medical superintendent of that hospital to keep that child or young person in that hospital.
Search without warrant - Section 42 CYP Act 1989
Any constable who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant,—
(a) enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
(b) remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive.
Grounds for arrest of child or young person without warrant - Section 214 CYP Act
Must only arrest if grounds to believe that it is necessary to arrest that child or young person without warrant for the purpose of:
W – Preventing interference with any witnesses relating to the offence
E – Ensure the appearance of the child before the court
E – Preventing loss or destruction of evidence relating to the offence
P – Preventing the child from committing further offences
(b) – Proceeding by way of summons will not achieve the purpose
2(a) – Committed category 3 or 4 offence, punishable by at least 14 years, and
(b) believes on reasonable grounds the arrest of the CYP is in public interest
What must child or young person be informed of when being questioned/under arrest - Section 215 CYP Act
(a) may be arrested if refuses to give their name and address to the enforcement officer, the CYP cannot be served a summons
(b) Not obliged to accompany to any place for the purpose of being questioned, and if they do consent they can withdraw the consent at any time
(c) Under no obligation to give any statement
(d) If they consent to make or give a statement the CYP may withdraw that consent at any time
(e) Any statement given may be used in evidence in any proceedings
(f) Entitled to consult with, and make any statement in the presence of, a barrister or solicitor and any person nominated by the CYP in accordance with s222
What does 218 say in regards to language used.
Explanations to be given in manner and language appropriate to the age and level of understanding of the CYP
Who can be a nominated person - Section 222(1) CYP 1989`
(a) A parent or guardian of the CYP
(b) An adult family member, whanau or family group of the CYP
(c) Any other adult selected by the CYP
(d) If the CYP refuses or fails to nominate any person referred to in a-c, any adult (other than enforcement) nominated for the purposes by an enforcement officer,
When may enforcement officer refuse to allow CYP to consult with person nominated - Section 222(2) CYPAAct 1989
(a) If permitted to consult with the CYP would attempt or likely attempt to pervert the course of justice; or
(b) Cannot with reasonable diligence be located or will not be available within a period of time that is reasonable in the circumstances, an enforcement officer may refuse to allow the CYP to consult with that person
What happens when CYP not permitted to consult with person? Section 222(3)
(c) Section 222(3) – When CYP is not permitted to consult with a person, they shall be permitted to nominate another person
