CYPF Act 1989

Question 1

A child is?

Answer 1

Child - Boy / Girl under the age of 14 years

Question 2

A young person is?

Answer 2

Boy / Girl of or over the age of 14yrs but not yet 17yrs (excludes any person who has been married)

Question 3

An adult is?

Answer 3

Adult - Boy / Girl aged over 17 years, or any married person.

Question 4

When dealing with a CYP for a suspected offence, you will do one of the following?

Answer 4

Warn them

Report them to YAS, with view to further action

Arrest them – if the appropriate statutory criteria of Section 214 are met.

Question 5

What are the principle obligations under Section 4(f)?

Answer 5

Where children or young person commit offences:

They are held accountable, and encouraged to accept responsibility for their behaviour; and

They are dealt with in a way that acknowledges their needs.

Question 6

What does Section 272 deals with?

Answer 6

CYP Criminal Responsibility

Question 7

What are the different ages and their level of criminal responsibility?

Answer 7

Under 10 years - No criminal responsibility

10 years + - No criminal responsibility, except murder or manslaughter

12-13 years - If the offence is one (other than murder or manslaughter) for which the Maximum penalty available is or includes imprisonment for life or at least 14 years (rape).

12-13 years - (Previous Offence): is a previous offender (under 2 or 3 above) and the offence is one (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years (Aggravated Robbery / Robbery)

14 - 16 years - Full criminal responsibility

17+ years - Full criminal responsibility

Question 8

What does Section 8 deal with?

Answer 8

Police responsibilities to parents when dealing with CYP.

Question 9

What are the polices responsibilities associated with Section 8?

Answer 9

Section 8: Police responsibilities to parents when dealing with CYP.

When any action or decision significantly affects a CYP the parent / guardian or a caregiver must be informed as soon as possible.

The information can be given orally and, where practicable, should be in writing.

This is not a choice its an obligation.

Question 10

What does Section 9 deal with?

Answer 10

The parent / guardian or a caregiver have the right to receive information in a language they understand.

Question 11

What does Section 218 deal with?

Answer 11

Section 218 – The rights of CYP’s must be explained to them in a language and manner that they understand.

After each line of rights is given ask the CYP to explain in your own words what it means to them.

Question 12

What does Section 215 deal with?

Answer 12

Section 215: (Rights)

Outlines when a CYP must be informed of their rights before being questioned. (SADBADD)

Question 13

What does SADBADD stand for?

Answer 13

S = When there are reasonable grounds to SUSPECT the CYP has committed an offence
A = On ARRESTING the CYP
D = DURING questioning the officer forms reasonable grounds to suspect the CYP has committed an offence.
B = BEFORE asking the CYP questions intended to obtain an admission of an offence
A = When the CYP being questioned ASKS about their rights.
DD =	When, DURING questioning the officer DECIDES to charge the CYP

Question 14

What does Section 214 deal with?

Answer 14

Powers of Arrest of CYP

Question 15

Under Section 214 there can be no arrest unless?

Answer 15

W = Witness safety, or preventing interference with
E = Ensure the CYP appears in court
E = Evidence protection or preventing loss/destruction of
P = Prevent further offences from occurring.

Question 16

Exceptions to Section 214 are?

Answer 16

Where the arrest is for a category 4 offence and must carry a sentence of 14 years or more,

AND the arrest is in the public interest,

OR the arrest is necessary to carry out EBA under LTA 1998.

Question 17

All CYP arrests have to be reported to who?

Answer 17

YOU MUST REPORT THE ARREST TO THE COMMISSIONER OF THE POLICE WITHIN 3 DAYS.

Question 18

What does Section 221-226 deal with?

Answer 18

Relate to admissibility in court of statements taken from CYP’S.

If you fail to advise rights or fail to allow them access to a lawyer and/or nominated person or the statement is made without a lawyer and/or nominated person present their statement could be ruled in admissible.

They need to be dealt with in a way that acknowledges their needs.

Question 19

No statement made by a child or young person is admissible unless?

Answer 19

Rights / Caution have been explained
AND
The CYP is allowed to consult with a solicitor and / or nominated person if they wish to
AND
The statement is made in the presence of (one of the following)
 a lawyer and/or
 a person nominated by child or young person

Question 20

What does Section 223 deal with?

Answer 20

Oral statements made spontaneously by a child or young person before the police have had reasonable opportunity to comply with the act.

Question 21

A Nominated Person is?

Answer 21

The nominated person must be an adult (20 years or older) and their role is to ensure the CYP understands his/her rights.

If the CYP nominates someone, police can refuse to allow that person to act as a nominated person if that person:

Question 22

What does Section 222 deal with?

Answer 22

Sets out who is entitled to be present during the interview.

Question 23

Police may refuse a nominated person when?

Answer 23

P = Would attempt or is likely to PERVERT the course of justice
U = UNDER the age of 20 years
N = NOT available in a reasonable time
C = CANNOT be reasonably located
A = ANOTHER enforcement officer.

Question 24

What are we required to do for a CYP who is arrested and charged with an offence?

Answer 24

Released without charge - Youth Aid to follow up

To be brought before youth court ASAP

Released on bail.

If there is no court open then they may be held in custody.

For custody periods longer than 24hrs a certificate must be signed or they can be transferred into secure CYFS custody.