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CPK 2021 PRAC > CYP Oranga Tamariki & Family Harm > Flashcards

CYP Oranga Tamariki & Family Harm Flashcards

1
Q

Section 39 - Place of Safety Warrant

Oranga Tamariki Act 1989

A

Any District Court/Judge or Issuing Officer may issue a safety warrant on reasonable grounds for suspecting CYP is suffering or likely suffering.

  • Ill-treatment
  • Neglect
  • Deprivation
  • Abuse
  • Harm

I,N,D,A,H

Person executing a warrant to search for CYP
MAY
- Enter and Search
- Remove and Detain by force necessary (Place CYP in custody Chief Executive)
OR
Where CYP is in a hospital DIRECT Medical Superintendent of that hospital to keep that CYP in that hospital.

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2
Q

Section 40 - Warrant to Remove CYP

Oranga Tamariki Act 1989

A

Any District Court/Judge or Issuing Officer may issue a safety warrant on reasonable grounds for Believe CYP is suffering or likely suffering.

  • Ill-treatment
  • Neglect
  • Deprivation
  • Abuse
  • Harm

I,N,D,A,H

Person executing a warrant to search for CYP
MAY
- Enter and Search
- Remove and Detain by force necessary (Place CYP in custody Chief Executive)
OR
Where CYP is in a hospital DIRECT Medical Superintendent of that hospital to keep that CYP in that hospital.

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3
Q

Section 42 - Search Without Warrant

Oranga Tamariki Act 1989

A

Any Constable has reasonable grounds that it is CRITICALLY NECESSARY to protect a CYP from injury or death may without warrant:
MAY
- Enter and Search
- Remove and Detain by force necessary (Place CYP in custody Chief Executive)

Every Constable who exercises this power on first entering the dwelling, building, aircraft, ship, carriage, vehicle, premises.
-Produce evidence of identity; and Disclose that those powers are being exercised under this SECTION.

IF CONSTABLE EXERCISES THIS POWER THEY MUST NOTIFY THE COMMISSIONER OF POLICE WITHIN 3 DAYS AFTER.

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4
Q

Section 48 - Unaccompanied Children and Young Persons.

Oranga Tamariki Act 1989

A

CYP found unaccompanied by Parent/Guardian who usually has care of the CYP.
Where CYP PHYSICAL or MENTAL health is being, or likely to be impaired.

A Constable may TAKE the CYP using reasonable force if necessary and

With the CONSENT of the CYP deliver the child to CYP into the custody of Parent/Guardian or other person usually having care of CYP.

If NO CONSENT OR No Parent/Guardian or other such person willing or able to have custody of CYP place CYP in OT care.

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5
Q

Section 208 - Principles

Oranga Tamariki Act 1989

A
  • CRIMINAL PROCEEDINGS Last resort when dealing with CYP.
  • FAMILIES, WHANAU, HAPU, IWI FAMILY GROUPS should be helped to develop their own means of dealing with offending.
  • Any sanctions imposed on CYP should be the least restrictive while still being appropriate.
  • Victims should be taken into account accordingly when considering what course to take CYP.
  • CYP who offend should be kept in the community as much as it is practicable and safe for the community.
  • CRIMINAL PROCEEDINGS Last resort.
  • ALTERNATIVE ACTION
  • FAMILIES, IWI, HAPU, WHANAU GROUPS help to develop own means of offending.
  • SANCTIONS IMPOSED least restrictive
  • VICTIMS taken into account
  • CYP KEPT IN COMMUNITY as much as practicable and safe for the community.
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6
Q

Section 6 - Paramount Principle

Oranga Tamariki Act 1989

A

The welfare and interest of the CYP shall be the first and paramount consideration.

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7
Q

Section 214 - Arrest of CYP without Warrant

Oranga Tamariki Act 1989

A

WITNESS - Preventing interference with any WITNESS
ENSURE - Appearance CYP before the Court
EVIDENCE - Prevent the loss destruction of EVIDENCE
PREVENT - To PREVENT further Offending

Nothing in Section 1 prevents a constable from arresting CYP without warrant on a charge of any offence where

  1. Reasonable cause to suspect CYP has committed CAT 3 or 4 offence. Max penalty available is or includes imprisonment for life or for at least 14 years, AND
  2. Constable believes RG arrest of CYP is required in the public interest.

CONSTABLE MUST within 3 days notify the Commissioner of Police.

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8
Q

Section 214A - Arrest of CYP in Breach of Bail condition.

Oranga Tamariki Act 1989

A

Constable may arrest CYP without a warrant if
- CYP has been RELEASED ON BAIL
AND
- The constable believes REASONABLE GROUNDS
i) CYP has BREACHED a bail condition
AND
ii) CYP has 2 or MORE previous occasions breached a condition of that bail.

AUTHORITY TO ARREST UNDER THIS PROVISION MUST ALWAYS BE OBTAINED BY

  1. YOUTH AID SERGEANT
  2. SUPERVISING SERGEANT (OR ABOVE)
  3. QUALIFIED YOUTH AID OFFICER
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9
Q

Section 215 - CYP informed of rights before being QUESTIONED by Enforcement Officer.

Oranga Tamariki Act 1989

A

We must give CYP their rights when there reasonable grounds to suspect they have committed an offence, before asking any questions intended to obtain an admission of an offence and when, during questioning, the officer forms reasonable grounds to suspect CYP has committed an offence.

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10
Q

Section 215A - Rights to be EXPLAINED to CYP on REQUEST.

Oranga Tamariki Act 1989

A

Where CYP is being questioned in relation to their involvement in a offence, and if they have any questions regarding their rights then those questions must be answered appropriately.

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11
Q

Section 216 - Enforcement Officer to explain rights to CYP who is to be CHARGED WITH OFFENCE.

Oranga Tamariki Act 1989

A

During questioning, an officer decides to charge a CYP they must inform the CYP of their rights.

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12
Q

Section 217 - Rights to be explained to CYP who is ARRESTED.

Oranga Tamariki Act 1989

A

CYP must be informed their rights on arrest.

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13
Q

Section 218 - Explanations to be given in MANNER AND LANGUAGE appropriate to age and level of understand of CYP.

Oranga Tamariki Act 1989

A

The rights must be given in a manner and language that is appropriate to their age and level of understanding.

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14
Q

Section 219 - Explanation NOT REQUIRED if CYP already informed of rights.

A

States if we have given CYP their rights within the last hour then we don’t need to do it again.

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15
Q

Section 221 - Admissibility of statements made by CYP.

Oranga Tamariki Act 1989

A

No oral or written statement made or given to a Constable by CYP to whom this section applies is admissible (ACCEPTABLE) in evidence in any proceedings against that CYP for an offence unless

  • Before the statement was made of given the Constable has given BOR explained in a manner and in language that is appropriate to age and level of understanding of CYP.
  • CYP wishes to consult barrister/lawyer and any person nominated by that CYP before giving the statement CYP consults with those person.
  • The CYP makes or gives the statement in presence of ONE OR MORE of the following persons.
  • Barrister or Solicitors
  • Person nominated by the CYP in accordance to section 222 of this Act.
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16
Q

Section 222 - Person who maybe nominated person for the purpose of section 221(2)(b) or (c)

Oranga Tamariki Act 1989

A

CYP may nominated one of the following persons for the purpose of Section 221(2)(b) or (c).

  • A parent or guardian of the CYP
  • An adult member of the family, whanau, or family group of the CYP.
  • Any other adult selected by the CYP
  • CYP refuses or fails to nominate any person referred to in any of paragraphs (a) to (c) of this subsection, any adult (not being an enforcement officer) nominated for the purpose by an enforcement officer.

An Enforcement Officer believes on REASONABLE GROUNDS that person nominated by CYP

  • Would attempt to pervert the course of justice.
  • Cannot within reasonable diligence be located, or will not be available within a period of time that is reasonable in the circumstances.

MAY REFUSE TO ALLOW CYP TO CONSULT WITH THAT PERSON.
(If new nominated person has be assigned re inform BOR to CYP)

17
Q

Section 223 - Section 221 not to apply where statement made before requirements of that section can be met.

Oranga Tamariki Act 1981

A

Nothing in section 221 of this Act applies to an oral statement made by a CYP SPONTANEOUSLY and BEFORE enforcement officer has had reasonable opportunity to comply with the requirements of that section.

18
Q

Section 229 - Parents or Guardians or other persons to be informed where CYP at enforcement agency office for questioning in relation to commission of possible commission of offence or is arrested.

Oranga Tamariki Act 1989

A

As soon as practicable after the CYP arrives at the enforcement agency office for questioning, or is taken following an arrest.

Must inform Parent/Guardian whereabouts and that they may come visit them. The CYP Parent/Guardian/Nominated Person may have CYP rights explained to them as well as visit and consult with the CYP in PRIVATE.

19
Q

Section 231 - Person who may be nominated for the purposes of section 229(1).

Oranga Tamariki Act 1989

A
  • A parent or guardian of the CYP
  • An adult member of the family, whanau, or family group of the CYP.
  • Any other adult selected by the CYP
  • CYP refuses or fails to nominate any person referred to in any of paragraphs (a) to (c) of this subsection, any adult (not being an enforcement officer) nominated for the purpose by an enforcement officer.

An Enforcement Officer believes on REASONABLE GROUNDS that person nominated by CYP

  • Would attempt to pervert the course of justice.
  • Cannot within reasonable diligence be located, or will not be available within a period of time that is reasonable in the circumstances.
20
Q

Section 233 - Breath-Alcohol and Blood-Alcohol provisions of Land Transport Act 1998 not affected.

Oranga Tamariki Act 1989

A

Nothing in provisions of section 214-232 limits or affects the powers of an enforcement officer under any of the provisions of sections 68-72 of the Land Transport Act 1998.

21
Q

Section 234 - Custody of CYP following arrest.

Oranga Tamariki Act 1989

A

Subject 235,236 and 244 of this Act, where CYP is arrested with or without warrant a constable shall-

  • Release CYP OR
  • CYP maybe released on bail under section 21 of Bail Act 2000. Release the CYP on bail or DELIVER CYP into custody of
  • Any Parent/Guardian/Other person having the care of the CYP.
  • With AGREEMENT of CYP any Iwi Social Service or Cultural Social Service.
  • With AGREEMENT of CYP, any other person or organisation approved by the chief executive or a constable for the purpose.
22
Q

Section 235 - CYP who is arrested maybe placed in custody of chief executive.

Oranga Tamariki Act 1989

A

Notwithstanding section 234 but subject 244, a Constable in relation to any CYP who has been arrested and if subsection (1A) applies,

  • Must place CYP in the custody of the chief executive.
  • Must do so as soon as practicable and not later than 24 hours after the arrest.

This subsection applies if the constable believes, on reasonable grounds, that -

  • The CYP is not likely to appear before the court.
  • The CYP may commit further offences
  • Prevent further loss/destruction of evidence
  • Interference with any witness
  • CYP has been arrested under section 214A and is likely to continue to breach any condition of bail.

CYP shall be placed in the custody of CE by delivered.

23
Q

Section 236 - Young Person who is arrested may be detained in Police custody.

A

Notwithstanding the provisions of sections 234 and 235 of this Act where the CE and a constable, being a senior sergeant or above the level of position of Inspector are satisfied on reasonable grounds.

  • Young person who has been arrested is likely to abscond or be violent.
  • That suitable facilities for the detention in safe custody of that young person is not available to the CE.

The YP may on JOINT CERTIFICATE in the prescribed form of delegate that constable be detained in Police Custody for a period exceeding 24 hours and until appearance before the court.

If a JOINT CERTIFICATE issued shall within 5 DAYS after the day on which the certificate is issued to the Police Commissioner.

  • A copy of the certificate
  • Written report stating
  • Circumstances in which the CYP has been detained or likely to be detained, in Police Custody.

CPK 2021 PRAC (2 decks)

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