CYPF Act 1989 Flashcards
s40 Warrant to remove child or young person
40 Warrant to remove child or young person
(1) Where an application for a declaration under section 67 of this Act has been made in respect of a child or young person, any District Court Judge or, if no District Court Judge is available, [any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, on application in writing verified in accordance with section 99 of that Act], where there are reasonable grounds for believing that the child or young person is—
(a) Suffering, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm; or
(b) So seriously disturbed as to be likely—
(i) To act in a manner harmful to the child or young person or any other person; or
(ii) To cause serious damage to property,
— issue a warrant authorising any [constable] or a Social Worker, either by name or generally, to search for the child or young person.
(2) An application for a warrant under subsection (1) of this section may be made by a [constable] or a Social Worker.
(3) The alleged commission of an offence shall not of itself be sufficient grounds for the issue of a warrant under this section.
(4) Any person authorised by warrant under this section to search for any child or young person may—
(a) Enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
(b) Either—
(i) Remove or detain, by f_orce if necessary_, the child or young person and place the child or young person in the custody of the [chief executive]; or
(ii) Where the child or young person is in a hospital, direct the Medical Superintendent of that hospital to keep that child or young person in that hospital.
(5) Where any direction is issued pursuant to subsection (4)(b)(ii) of this section in respect of any child or young person, that child or young person shall be deemed to have been placed in the custody of the [chief executive] pursuant to this section.
s42 Search without warrant
42 Search without warrant
(1) Any [constable] who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant,—
(a) Enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
(b) Remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the
[chief executive].
(2) Every [constable] who exercises any powers conferred by subsection (1) of this section shall, on first entering any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place, and if requested, at any subsequent time,—
(a) _ Produce evidence of identity_; and
(b) Disclose that those powers are being exercised under this section.
(3) A [constable] who exercises the power conferred by subsection (1) of this section shall, within 3 days after the day on which the power is exercised, forward to the Commissioner of Police a written report on the exercise of the power and the circumstances in which it came to be exercised.
s214 Arrest of child or young person without warrant
214 Arrest of child or young person without warrant
(1) Subject to [section 214A and] sections 233 and 244 of this Act, where, under any enactment, any enforcement officer has a power of arrest without warrant, that officer shall not arrest a child or young person pursuant to that power unless that officer is satisfied, on reasonable grounds,—
(a) That it is necessary to arrest that child or young person without warrant for the purpose of—
(i) Ensuring the appearance of the child or young person before the Court; or
(ii) Preventing that child or young person from committing further offences; or
(iii) Preventing the loss or destruction of evidence relating to an offence committed by the child or young person or an offence that the enforcement officer has reasonable cause to suspect that child or young person of having committed, or preventing interference with any witness in respect of any such offence; and
(b) Where the child or young person may be proceeded against by way of summons, that proceeding by way of summons would not achieve that purpose.
(2) Nothing in subsection (1) of this section prevents a [constable] from arresting a child or young person without warrant on a charge of any offence where—
(a) The [constable] has reasonable cause to suspect that the child or young person has committed a [category 4 offence or category 3 offence for which the maximum penalty available is or includes imprisonment for l_ife or for at least 14 years_]; and
(b) The [constable] believes, on reasonable grounds, that the arrest of the child or young person is required in the public interest.
(3) Every enforcement officer who arrests a child or young person without warrant shall, within 3 days of making the arrest, furnish a written
report—
(a) Where that enforcement officer is a [constable], to the Commissioner of Police:
[(b) Where that enforcement officer is a traffic officer who is a [[Police employee who is not a constable]], to the Commissioner of Police:]
(c) Where that enforcement officer is an officer or employee of the Public Service, to the chief executive of the Department of which that person is an officer or employee:
(d) Where that enforcement officer is an officer of a local authority, to the [chief executive] of that local authority.
(4) Every report furnished pursuant to subsection (3) of this section in respect of the arrest of any child or young person shall state the reason why the child or young person was arrested without warrant.
s215 Child or young person to be informed of rights before questioned by enforcement officer
215 Child or young person to be informed of rights before questioned by enforcement officer
(1) Subject to sections 233 and 244 of this Act, every enforcement officer shall, before questioning any child or young person [whom there are reasonable grounds to suspect of having committed an offence, or before asking any child or young person any question intended to obtain an admission of an offence], explain to that child or young person—
(a) Subject to subsection (2) of this section, if the circumstances are such that the enforcement officer would have power to arrest the child or young person without warrant, that the child or young person may be arrested if, by refusing to give his or her name and address to the enforcement officer, the child or young person cannot be served with a summons; and
(b) Subject to subsection (2) of this section, that the child or young person is not obliged to accompany the enforcement officer to any place for the purpose of being questioned, and that if the child or young person consents to do so, that he or she may withdraw that consent at any time; and
(c) That the child or young person is under n_o obligation to make or give any statement_; and
(d) That if the child or young person consents to make or give a statement, the child or young person may withdraw that consent at any time; and
(e) That any statement made or given may be used in evidence in any proceedings; and
(f) That the child or young person is entitled to consult with, and make or give any statement in the presence of, a barrister or solicitor and any person nominated by the child or young person in accordance with section 222 of this Act.
(2) Nothing in paragraph (a) or (b) of subsection (1) of this section applies where the child or young person is under arrest.
[(3) Without limiting subsection (1) of this section, where_, during the course of questioning_ a child or young person, an enforcement officer forms the view that there are reasonable grounds to suspect the child or young person of having committed an offence, the enforcement officer shall, before continuing the questioning, give the explanation required by that subsection.]
s218 Explanations to be given in manner and language appropriate to age and level of understanding of child or young person
218 Explanations to be given in manner and language appropriate to age and level of understanding of child or young person
Every explanation required to be given to a child or young person pursuant to section 215 (or s215A or s216 or s217 )of this Act shall be given in a manner and in language that is appropriate to the age and level of understanding of the child or young person.
s222 Persons who may be nominated for the purposes of section 221(2)(b) or (c)
222 Persons who may be nominated for the purposes of section 221(2)(b) or (c)
(1) Subject to subsection (2) of this section, a child or young person may nominate one of the following persons for the purposes of section 221(2)(b) or (c) of this Act:
(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 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.
(2) Where an enforcement officer believes, on reasonable grounds, that any person nominated by a child or young person pursuant to subsection (1)(a) or (b) or (c) of this section,—
(a) If permitted to consult with the child or young person pursuant to section 221(2)(b) of this Act, would attempt, or would be likely to attempt, to pervert the course of justice; or
(b) Cannot with reasonable diligence be located, or will not be available within a period of time that is reasonable in the circumstances, —
that enforcement officer may refuse to allow the child or young person to consult with that person.
(3) Where, pursuant to subsection (2) of this section, a child or young person is not permitted to consult with a person nominated by that child or young person pursuant to subsection (1) of this section, that child or young person shall, subject to subsection (2) of this section, be permitted to consult with any other person nominated by that child or young person pursuant to subsection (1) of this section.
(4) It is the duty of any person nominated pursuant to subsection (1) of this section—
(a) To take reasonable steps to ensure that the child or young person understands the matters explained to the child or young person
under section 221(2)(a) of this Act; and
(b) To support the child or young person—
(i) Before and during any questioning; and
(ii) If the child or young person agrees to make or give any statement, during the making or giving of the statement.]
