CYPF Flashcards
Principals of section 208
- criminal processing should not be brought against CYP unless in the public interest and if there is alternative means of dealing with the matter
- should not prosecute in order to gain access to services etc
- measures for dealing with CYP are designed to
- strengthen family group of the child
- foster family to develop their own means of dealing with the CYP - CPY should be kept in the community as long as you can ensure community safety
- CYP age is a mitigating factor
- sanctions imposed should be the least restrictive
- any measure put in place to address causes underlying the offending including interests of the victim
s214(1) - arrest CYP without warrant
- ensure appearance before the court
- prevent committing further offences
- prevent loss destruction of evidence or interference with witnesses
AND
A summons would not serve that purpose
s214(2)- arrest CYP without warrant public internet and serious offences
- reasonable grounds to believe CPY has committed a Cat 3/4 offence (14 years or more)
AND
- the arrest is in the public interest
s214A - arrest CYP without warrant for BOB
- CYP is on bail
- constable believes CYP is breaching or recently breached
AND
- on 2 or more occasions breached a bail condition (whether or not the same one.
s215 - rights before questioning
K9 if refuse to give name address
Don’t have to accompany, can withdraw consent anytime
No obligation to make a statement, can withdraw consent at anytime
Statement maybe given as evidence in court
Speak with and make statement in presence of lawyer nominated person or both
s236 - CYP who is arrested maybe detailed in police custody if
S/Sgt or above are satisfied on reasonable grounds
- the YP is likely to abscond or be violent
AND
- suitable facilities for the safe detention of the YP are not available to chief executive
Will require a joint certificate to detain in police custody for 24hrs
s238 (1)(a-f)
a - release
b - release on bail
c - order to be delivered to parents etc
d - in OT care
e - in police custody (no OT beds)
f - in youth unit of prison (17yrs old)
S29 offences require victim views on bail and subsequent advising of the outcome as per adult process
Police v D - detention under s48 (Kaitaia)
s48 is for returning a CYP to appropriate person
Can take the CYP to a police station as an intermediate step while retuning to the appropriate person but should not be the first option
Don’t take CYP into secure area if cooperating
Ascertain if CYP want to got home or to a social worker
No need to question the CYP again after he already gave contact details for his grandmother
Could have used s214 for a K9 and release without charge under 234a
Police v T-M (Whangarei and burglaries)
s48 should not be used as a means to take a youth into custody when a suspect for offending ( this section relates to safety/welfare)
If you believe an offence has been committed consider s214 if sufficient ground exist
s208 charges should not be initiated unless there are no other means of dealing with the matter
Can not arrest a youth solely for them to face consequences in the Youth Court - adults you can
No arrest then FGC is most appropriate pathway to address offending
Police v T - s214 and detention in police custody
Stole biscuits/chips $9
Arrested/charged and held in custody for over 24hrs before appearing in court.
On supervision and 17 other charges
Offence was not serious
Should have been bailed or referred to YA for a FGC
Time spent in police custody was a serious breach of law
Police v CG - s214 & 236
Police did not have reasonable grounds to arrest the youths
Breast feeding child and clothes removed hole in custody
Held for 36 hours in police custody and no joint certificate was issued
Charges were dismissed
Police obligations when placing CYP in OT custody
Deliver the CYP to a social worker
Give details on a POL 235 as to the CYPs
- ID
- circumstances of arrest
- date/time of appearance in court
