CYP Care & Protection / Youth Justice Flashcards
Who can not be a Nominated Person?
JULET or PUNCA
J - pervert the course if justice. U - under 20 L - located (cannot be located) E - Enforcement Officer T - time (unavailable for an unreasonable amount of time.
OR
P- pervert the course of justice U- under 20 N- not available in reasonable time C- cannot be located A- any enforcement officer
CYPFA 1989
When can you arrest under S 214?
WEEP
W - prevent interference with Witnesses.
E - prevent destruction of evidence.
E - ensure appaer acne at court.
P - prevent further offences.
Under S 215, when do you need to give a CYP their rights?
SADBAD
S - suspect child of committing offence.
A - asks about rights / enquires.
D - during questioning - officer forms reasonable grounds.
B - before interviewing.
A - arresting CYP
D - decide to charge
Under S 272, what are the ages of criminal responsibility?
Under 10 = no criminal responsibility.
10 + years = responsible for murder/manslaughter.
12-13 years = responsible for offences where max. Penalty is 14 yrs / life impriosonment.
12-13 years (PREVIOUS OFFENCE) = responsible for offences max penalty is 10 yrs BUT less than 14 yrs imprisonment.
14 + yrs = full responsibility.
CYPFA 1989
Section 39
(Just in time)
Warrant to enter / search any place - using force.
Believe CYP has suffered / likely to suffer.
REMOVE + DETAIN (force)
Place in CYP custody.
CYPFA 1989
Section 42
(In the poo)
Believe on reasonable grounds.
Critically necessary to protect CYP from INJURY / DEATH.
Enter & search by force.
Remove & detain - place in CYP custody.
CYPFA 1989
Section 48
(Out too late)
Where CYP is found by police, unaccompanied (by parent or guardian)
Situation where physical/mental health is/likely to be impaired.
A member of police (use force) to take CYP back to parent/guardian.
CONSENT OF CYP TO BE TAKEN HAS TO BE OBTAINED.
If no consent / parent etc not willing to take them, placed in CYP custody.
CYPFA 1989
Section 10B
Children left unaccompanied.
Applied in circumstances where children are left home alone / waiting outside bars / in cars etc.
Depends on length of time / conditions.
CYPFA 1989
Under what section and conditions can you arrest a CYP for breach of bail?
Section 214A
Arrest without warrant if
- the CYP is released on bail AND
- officer has reasonable grounds to believe the CYP is on bail and breached bail on 2 or more previous occasions.
CYPFA 1989
Section 14
Child or young person in need of care & protection.
AUDO
A - abuse
U - guardians unwilling / unable to control.
D - differences between guardian & CYP - effecting well being.
O - offending by a child aged between 10-14 is offending to such an extent there is concern for their well being.
Define Child
means a person under the age of 14 years
Define Young Person
means a person of or over the age of 14 years but under 18 years.
What is the paramount principle of the OTA
The Well being and best interests of the CYP are the first and paramount consideration
What are Police Powers under Section 42 of the OTA?
Any Constable who believes on reasonable grounds, that is CRITICALLY NECESSARY* to protect a child or young person from injury or death,may without warrant ENTER and SEARCH and detain or remove the CYP
What are Police Powers under Section 48 of the OTA?
Where a child or young person is FOUND UNACCOMPANIED in a situation in which their PHYSICAL OR MENTAL HEALTH IS BEING, OR IS LIKELY TO BE, IMPAIRED a constable may using such force as may reasonably be necessary TAKE the child or young person with their consent DELIVER them into the custody of parent guardian-other person who usually cares for them. if no consent is given or caregivers are unwilling to take themPLACE the child or young person in the custody of OT.
