CYP&F Flashcards
Section 39 - Place of Safety Warrants
Any DC Judge (or issuing officer), on app in writing, satisfied RGs for suspecting a CYP is suffering / likely to suffer:
IT
N
D
A
H
may issue a W
auth const or CE
to search for the CYP
**CE may be a social worker or other authorised person
Who can apply for a Safety warrant (Section 39)
Constable or the CE
Section 39 - any person executing a SW may?
(a) Enter and search, by force if necessary any:
DWG
BLD
AC
Ship
Carriage
Vehicle
Premises or Place
(b) believes, RGs, that the CYP has suffered / likely to suffer
IT
SN
A
SD
SH
(i) Remove or detain, BF if ness, CYP and place CYP in custody of CE;
or
(ii) Where the CYP is in a hospital,
direct the Medical Superintendent to keep CYP in that hospital.
CYP
Section 42 – Search without warrant
Any const
who B on RGs
it is critically nec to protect a cyp
from injury or death
may, wout/w
(a) E&S
by force if nec,
any dwg, bldg, aircraft, ship, carriage, mv, premises or place:
(b) Remove or detain, by force if nec,
& place the cyp in custody of CE.
Must produce evidence of ID
Disclose the powers being exercised
CYP - if exercising a search without warrant do you need to notify the Commissioner?
Yes
Within 3 days after the day on which the power is exercised, forward a written report of the exercise, power & circumstances
Section 48 – Unaccompanied children and young persons
Where a CYP is found unaccompanied
a consts may using force as may reasonably be necc
take the CYP
with the CYP’s consent to their parents/guardian
IF
the CYP does not want to be returned
or
No parent/guardian is willing to have them
Place the CYP in the custody of the CE
Is placement of a CYP in the custody of the CE sufficient authority for the detention of the CYP?
Yes
How long can a CYP stay in the custody of the CE?
The CYP agrees to return to their carer
The carer is willing to have the CYP home
An app is made to the court for a care & protection order (for the purpose of determining whether the CYP is to be held in custody
The expiry of 5 days after the day on which the CYP was placed in custody
Under section 48 CYP what is the age of Young Person?
Over the age of 14 but under the age of 18
Youth Justice - Section 208 (Principles)
unless the public interest requires otherwise, criminal proceedings should not be instituted against a CYP if there is alternative means of dealing with the matter
criminal proceedings should not be instituted against CYP in order to provide any assistance or services needed to advance the well-being of the CYP, or their family, whanau, hapu, or family group:
any measures for dealing with offending by CYP should be designed
(i) To strengthen the family, whanau, hapu, iwi, and family group; and
(ii) To foster the ability of families, whanau, hapu, iwi, and family groups to develop their own means of dealing with offending by CYP:
a CYP who commits/alleged to have committed an offence should be kept in the community, so far as is practicable & consonant to ensure the safety of the public:
Youth Justice - is a CYP age a mitigating factor in determining:
Whether or not to impose sanctions in respect of offending by a child or young person or
The nature of any such sanctions?
Yes
Youth Justice - what type of sanctions should be imposed on a CYP who commits an offence?
Take the form most likely to maintain and promote the development of the CYP within [their] family, whanau, hapu, and family group; and
Take the least restrictive form that is appropriate in the circumstances
that any measures for dealing with offending by a CYP should so far as it is practicable to do so address the causes underlying their offending
Should the victims views be taken into account when looking at CYP offending and punishment?
Yes - encouraging the victims to participate in the process
Does the vulnerability of CYP entitle a CYP to special protection during any investigation relating to the commission or possible commission of an offence by that CYP?
Yes
Section 214 – What grounds can you arrest of CYP without warrant
It is necc to arrest the CYP for the purpose of –
(i) Ensuring the appearance before the Court; or
(ii) Preventing them from committing further offences; or
Preventing the loss or destruction of evidence or
preventing interference with any witness
When can a constable arrest a CYP?
The constable has reasonable cause to suspect
that a CYP has committed a category 4 or 3 offence (max penalty is or includes imprisonment for life or for at least 14 years, and
(b) The const believes, on RGs, that the arrest is required in the public interest
If you arrest a CYP what do you need to do? reports etc
if you arrest a cyp w/out w
within 3 days of the arrest, furnish a written report –
(a) to the Commissioner of Police:
(c) if the enforcement officer is an officer/employee of the Public Service, to the CE of the Department they work:
(d) if the enforcement officer is an officer of a local authority, to the chief executive where they work.
What information should be noted on the report to the Commissioner after arresting a CYP without warrant?
State the reason why the child or young person was arrested without warrant
Section 214A – Can you arrest a cyp who is in breach of bail condition?
Yes
A constable may arrest a cyp w/out a warrant if —
(a) they have been released on bail; and
(b) const believes, on RGs, that —
(i) the cyp is in breach of, or has recently breached, a condition of that bail; and
(ii) the cyp has on 2 or more previous occasions breached a condition of that bail (whether or not the same condition).
(2) If a cyp appears before court and the court considers the cyps bail, no breach of bail condition that occurred before the appearance may be used to support a subsequent arrest under this section.
Who should you obtain authority from before arresting a CYP
Youth Aid Sergeant in the first instance, or in their absence, a supervising Sergeant (or above) or a qualified Youth Aid Officer.
Section 215 – How should a child or young person to be informed of rights before being questioned?
Before questioning any cyp whom there are RGs to suspect
of having committed an offence,
or before asking any cyp any question intended to obtain an admission,
explain to that cyp –
Section 215 - If you have the power to arrest and the CYP does not provide their details, can they be arrested?
Yes
Is a cyp obliged to accompany an enforcement officer to any place for the purpose of being questioned?
No
If they consent, they can withdraw their consent at any time!
Is a CYP obligated to make or give any statement?
No.
However if they consent to making a statement, they can withdraw that consent at any time.
