CYPF and OT Flashcards
Young person definition
Of or over the age of 14 but under 18
S48 - unaccompanied youth
- Unaccompanied
- phys or men health is or likely impaired
- such force as reasonably nec
- with consent, deliver to parent or guardian
- if No consent (also person willing or able) deliver to chief executive
S48 - in care of OT until:
- agrees to go to parent or guardian
- app made at court to determine if to be held in custody
- if in need of care and prot 5 days after day was placed into custody or in any other case 3 days
S 208 - youth justice
a) Nil crim proceed if alt means unless public interest
b) Nil crim proceed for in order for wellbeing services
c) any measure for dealing with CYP shouLd strengthen or foster ability of family group
d) should be kept in community as far as practicable
e) age is motivating factor in sanctions imposed
f) sanctions imposed should promote development within family and address undying issues re offending
g) any measures should Consider victim
h) special protection during inv
S214 - k9 cyp w-out warrant
Shall not arrest unless:
- ensure appearance
- prevent further off
- prevent loss of evidence or int with wit
- summons would not achieve
Nothing stops k9 if
- RCTS cat 4 off, or cat 3 off where penalty at least 14 years
Every k9
- within 3 days
- furnish report to commissioner
- reason why
S214A - K9 - BOB CYP
- if breached 2 or more on previous occasions
S234 - custody following arrest
When arrested CYP police shall
- release
- release on bail
- deliver to parent/guardian, with agreement of CYP iwi social service or any other person or group approved by Chris exec or const
S235 - K9 CYP Maybe placed in custody of CE
- Must be placed in custody of CE
- within 24 hours
- if believe
- not likely to appear before court
- May commit further off
- prefer loss of ev or int with wit
- OR k9 for BOB and likely to breach again
- CYP shall be placed in custody of CE
- by delivering to CE and prescribed form with ID of child, circumstances and date and time of appearance
- placement of child is sufficient for detention
- cannot use power just for care and protection
S236 - YP in police custody
- S/sgt or above and chief exec are satisfied
- YP arrested and likely to abscond or be violent
- chief exec has no suitable facilities for detention
- joint certificate to be completed to detain for over 24hrs until court
- within 5 days report completed to CE and Commis w copy of form and Circs and period of detention
S238 - custody re: remand
Youth court shall:
- release
- release on bail
- ordered YP be delivered to parent/guardian or other person having care
- order be detained car if CE Or iwi/cultural service
- order be detained in police custody
- if a s29 off
- Must obtain views of vic if must appropriate order
- must inform vic of outcome (order), bail imposed relating to vic
- court must not refuse bail because in need of care or protection
Case study: S48 - Police vs D kaitaia
- youth removed private property
- into police custody - station
- citing S48
- provides details to police present but not police that transported or processed.
- asked again at station got agitated. Punched cop
- counsel claim unlawful detention
- police claim took to station to facilitate handover to caregiver
- paid special interest as he was on a “special list”
DECISION
- s48 is for care and protection
- reasonable to take to station but not to cells
- detained Beyond lawful authority
- cannot detain to make further enquires
COMMENTS
- s48 is for returning to appropriate person
Case study: s214 - Police v T-M - whangarei
- YP interviewed re burgs after being located in early hrs
- Police locates - 48 taken to station to interview
- 3 week later interviewed again and k9
DECISION
- arrest must be made under 214
- 48 cannot be used to arrest on suspicion of an offence
- s208 criminal proceedings should take place unless no other means of dealing with incident
Case study: police vs T DCR
- 14 yo k9 after decamping while stealing biscuits
- Supervision orders, 17 charges
- remained in custody over 24 hrs
- police cited prevent further offences
DECISION
- cannot be held for that length of time
- just because has other charges does not mean can be arrested whenever offending
- single charge of shoplifting does not mean will comtinue to shoplift
- failure to bring before court ASAP is breach of bill of rights
Case Study: police vs CG
- 2 YP arrested for agh rob
- held for 36 hrs to appear
- bailed from court
- police cited int with wit, int with evi and reoffending
DECISION
- nothing to suggest interference or reoffending (cleanskins and cooperative)
- beach of 236. No joint certificate
If I’ll bail successful CYP can be remanded by youth court into:
OT custody
police custody
Youth unit of prison
