CYP'S Act and CPP Flashcards
Section 214 CYPF Act 1989
WEEP
Only arrest juvie if
preventing interference with Witnesses
Ensure appearance at court
prevent loss or destruction of Evidence
Prevent further offending
Does not apply for 14 year and above offences
214 (3) CYP Act 1989 - Notification to Commissioner
Must within 3 days days furnish written report to commissioner
Section 215 CYPF Act 1989
When a CYP must be given rights
SADBADD
Where there are reasonable grounds to SUSPECT CYP committed offence
On ARRESTING CYP
DURING question, officer forms RGTS cyp has committed an offence
BEFORE questioning CYP to obtain admission
When a CYP ASKS about their rights - only rights inquired about need to be explained
DURING questioning officer DECIDES to charge CYP
1 hour timeframe
Sec 218 CYP Act 1989
Rights and information to be explained to them in a manner and in a language that is appropriate to their age and level of understanding.
Sec 222 CYP Act 1989
Persons who may be nominated:
a) A parent or guardian of the child or young person
b) An adult member of the family, whanau, or family group of the child or young person;
c) Any other adult selected by the child or young person
d) if the child or young person refuses or fails to nominate any person, an enforcement officer can nominate a person
Sec 222 (2)
An enforcement officer believes on reasonable grounds that any person nominated by a child or young person if:
a) would attempt or likely to attempt to pervert course of justice
b) cannot with reasonable diligence be located, or will not be available within a period of time.
Child protection investigation policy and procedures apply to what cases?
Where the victim is under 18 years of age at the time of making of the complaint.
Criteria for CPP
- Sexual abuse
- Physical abuse
- Neglect
- Serious family violence where child is a witness
- All allegations of child abuse against CYF caregivers
- All allegations of serious child abuse agains CYF or Police
Three areas in determining whether physical abuse meets the threshold for CPP…
1) The action of the abuse
2) The injury inflicted (outcome or result)
3) The circumstances (factors in the case)
Action of the abuse examples.
Injury examples.
Blow or kick to the head Shaking an infant Strangulation Using an object Attempted drowning
Bone fracture Burn Concussion or loss of consciousness Any injury requiring medical attention Any bruising (infant)
Define neglect
Intentionally ill-treats or neglects a child or wilfully causes or permits the child to be ill-treated in a manner likely to cause child actual bodily harm, injury to health or any mental disorder or disability. Eg fail to provide necessities of life
Witness to serious family violence
When a child witnesses violence resulting in or having the potential to result in death or significant injury to a family or household member
3 Initial steps police and CYF’S must follow are:
1) Referral - information shared between agencies
2) Consultation - discussion at appropriate levels
3) Agreement - agree upon initial action and IJIP
IJIP must include: who will do tasks, what will they do, when they will do it
Initial Joint Investigation Plan outlines:
Who will do tasks, what they will do, when they will do it
Topics to consider when completing IJIP
Safety of child and other children
Are joint visits required
Referral to medical practitioner and authority to do so
Management of the initial interview of the child
Collection of physical evidence
Any further actions agreed for Police or Oranga Tamariki
