CYPF Youth Justice

Question 0

What is the definition of a young person?

Answer 0

A boy or girl of or over the age of 14 years but under 18 years

Question 1

What is the definition of a ‘child’?

Answer 1

A boy or girl under the age of 14 years

Question 2

Section 4 (f) relate to?

Answer 2

Where children or young persons commit offences:

(i) they are held accountable, and encouraged to accept responsibility for their behaviour; and
(ii) they are dealt with in a way that acknowledges their needs and that will give them the opportunity to develop in responsible, beneficial and socially acceptable ways

Question 3

What is the criminal responsibility of child under 10?

Answer 3

A child under 10 years has no criminal liability

Question 4

Section 214: power of arrest

Answer 4

Power of arrest without s warrant.  No arrest unless the officer is satisfied on reasonable grounds that it is to arrest to:
W = prevent interference with witness
E = ensure appearance in court
E = prevent evidence lost/destroyed
P = prevent further offences

Question 5

Exceptions to section 214?

Answer 5

If the arrest is for a category 4 offence and the arrest is required by public interest

Question 6

Section 8

Answer 6

Acknowledges that parents have the right to be informed of any action that significantly affects their child/children
Should be in writing - not a choice is obligation

Question 7

Section 9

Answer 7

Details peoples rights to receive information in a language that they understand. An interpreter may be necessary

Question 8

Section 215: rights (sadbad)

Answer 8

S - suspect CYP has committed an offence
A - arresting the CYP
D - during questioning, RGTS they have committed an offence
B - before asking any questions to obtain and admission
A - asks you to explain their rights (unless in the last hour)
D - during questioning, decide to charge

Question 9

Section 222: nominated person

Answer 9

In certain circumstances police do not have to accept a nominated person, these are:
P - a person likely to pervert the course of justice (co-offender, known criminal)
U - under the age if 20
N - not available in a reasonable time
C - cannot be found; reasonable diligence
A - cannot be another enforcement officer

Question 10

Admissibility - sections 221-226

Answer 10

No statement made by a cyp is admissible unless:
Y - youth rights explained
A - allows the cyp to consult a lawyer and/or nominates person
S - statement must be made in the presence of a lawyer or nominated person