CYP Care And Protection + Yourh Justice Flashcards
Who must be informed of any police action that significantly affects a CYP?
This is under Section 8 of OTA
The CYP’s parents/ guardians must be informed.
A speeding ticket of $100 will significantly affect a 16 year old
What is Section 214 of the OTA?
What are the two exceptions to S214?
S214 relates to when we can arrest a CYP.
They must be a risk to WEEP in order to do so.
Exception 1: Carries Max sentence of 14+ years and is in public interest
Exception 2: EBA procedures
Must report to commissioner within 3 days
What criminal responsibility does a child aged: Under 10 10+ years Child 12-13 years Child 12-13 years (previous offence)
Under 10 - Nil
Child 10+ years - Murder or man slaughter
Child 12-13 years - Offence with 14+ imprisonment
Child 12-13 years (previous offence) - Previously dealt with for 14+ offence and now commits 10+ imprisonment
When must caution/rights be given to a child under S215 of the OTA?
Before questioning
When the CYP asks you about their rights
Decide to charge them
Upon arrest
In the OTA 1989 what is a:
Child
Young person
A child is anyone under the age of 14
A young person is anyone aged 14 and over but under 18
What do category 3 and 4 offences refer to?
Category 3: Imprisonable 2 years or more and right to elect trial by jury
Category 4: Punishable by life imprisonment (murder, manslaughter)
When is a nominated person not suitable to be a nominated person?
Can police nominate a person for the CYP?
An enforcement officer unless it’s the parents/ guardian.
Police can nominate someone if the CYP refuses to.
Who can be a nominated person?
Any person 20 years or older
The CYP can nominate who they want
When can police object to a nominated person?
They are likely to pervert the course of justice
A co-offender
Cannot with reasonable diligence be located
Cannot be available within a period of time that is reasonable in the circumstances.
What does Section 39 of the OTA 1989 refer to?
Entry power with a place of safety uplift warrant
What are the rules regarding admissibility of statements made by CYP’s?
What does Section 223 refer to?
No statement from a CYP is admissible UNLESS:
Rights/Caution is first explained
AND
CYP is allowed to consult lawyer or nominated person or both
AND
Statement made in presence of a lawyer or nominated person.
Section 223 refer to when a CYP makes a spontaneous statement before police can comply with these conditions.
What four things can you do when dealing with a CYP for an offence?
Do nothing
Warn the CYP and report the matter to YAS
Investigate and report to YAS for their action
Arrest them (If Section 214 Criteria is met)
What is the paramount consideration when dealing with CYP’s?
The well-being and best interests of the CYPare the first and paramount consideration.
Which agency does police work with to investigate any alleged abuse?
Oranga Tamariki, Ministry for Children
What does Section 42 of the OTA allow police to do?
Any Constable who believe it is CRITICALLY NECESSARY to protect a CYP may ENTER AND SEARCH AND REMOVE the CYP and place in care of OT.
