CYPF Act 1989 Flashcards
Who would be considered most appropriate as a nominated person for a CYP?
An adult member of their family or whanau.
A CYP has that is nominated person be his father, who lives out of the district. What action would be most appropriate given the circumstances?
Advise the father of the circumstances and make enquiries about his availability.
What is an example of someone who cannot act as a nominated person for a CYP, even if they request them?
A person you believe on reasonable grounds would attempt to pervert the court of justice if permitted to consult with the CYP.
Speaking with a CYP who has very poor English. On requesting his name and address and beginning to caution him you note he does not seem to understand.
In the circumstances, what action is most appropriate?
Give him the rights caution with reasonable diligence to gain his understanding.
A CYP is to be interviewed and they want their Uncle as their NP. You note that the Uncle is also a witness at the scene. In these circumstances you should:
Conduct the witness interview to determine if the Uncle is suitable for the role of NP.
When giving advice to a CYP not under arrest you should tell them that if they:
Refuse to give you their correct name and address you can arrest them.
Consent to accompany you they can withdraw that consent at any time.
Under S2 of CYPF Act 1989, what is the definition of a child and Young person.
Child: 10-13yrs
Youth: 14-16yrs
According to S218 of CYPF Act 1989, when cautioning a CYP you must ensure that…
…All ADVICE you give is provided in a language and MANNER that the CYP can UNDERSTAND.
Would a close friend or classmate be suitable as NP for a CYP?
No.
You apprehend a CYP. Before you have time to question him he states “I didn’t mean to shoot the guy”.
What best describes the admissibility of the confession?
His confession is admissible but he must be cautioned as soon as possible.
When do you caution a youth?
Before asking any question intended to obtain an admission.
You are interviewing a Youth. As you begin the interview what must you ensure they understand?
That you are obliged to inform their parents or guardian of the interview and of the proceedings that may occur.
That they do not have to say or tell you anything but if they do decide to talk they can change their mind at any time.
You are talking with a youth regarding 1C behaviour. He refuses to give his name. Your caution should make sure that he understands:
You can arrest him if he continues to refuse to give his name and address.
True or False: You meet your responsibilities for ensuring a youth understands their rights by receiving an affirmative to the questions ‘do you understand’ after each section of the caution.
False.
True or False: If the NP chosen by the youth cannot be located with reasonable diligence you should ask the youth to choose another person.
True
