CYPFA 1989 - Youth Justice

Question 1

What does FGC stand for?

Answer 1

Family Group Conference

Question 2

Define a child?

Answer 2

a boy or girl under the age of 14 years

Question 3

Define a young person

Answer 3

a boy or girl over the age of 14 years but under 17 years, but does not include any person who is or has been married

Question 4

Section 272 Age of criminal responsibility:

For what offence is a child 10 years or older criminally responsible?

Answer 4

murder or manslaughter

Question 5

Section 272 Age of criminal responsibility:

For what offence is a child 12-13 years criminally responsible?

Answer 5

The offence (other than murder or manslaughter)

has a maximum penalty available of life imprisonment for at least 14 years.

Question 6

Section 272 Age of criminal responsibility:

For what offence is a child 12-13 years

WITH A PREVIOUS OFFENCE

criminally responsible?

Answer 6

A previous offender and

the offence (other than murder or manslaughter)

has a maximum penalty available of imprisonment for at least 10 years but less than 14 years.

Question 7

In what circumstances can the police object to a person chosen by the child or young person to be present during questioning?

Answer 7

PUNCA

P= They PERVERT the course of justice or are a co-offender or known criminal.

U= Under the age of 20

N= Not available in a reasonable period of time

C= Cannot be located

A= Another police officer

Question 8

There is to be no arrest of children or young persons UNLESS it is necessary on reasonable grounds such as?

Answer 8

WEEP (+more, scroll down)

W= Prevent interference with WITNESSES

E= ENSURE appearance in court

E= Prevent loss/destruction of EVIDENCE

P= PREVENT further offences

OR

• They’ve committed a Cat 4 offence & the arrest is in the public interest.
• To carry out breath/blood alcohol provisions (Land Transport Act 1998)
• In breach of bail condition (CYPFA s214A)

Question 9

When an arrest is made, how many days must a report be submitted within?

Answer 9

3 days

Question 10

Does a child under 10 have any criminal responsibility?

Answer 10

No

Question 11

A young person 14-16 are criminally responsible for their actions. Where should they be dealt with?

Answer 11

YAS (Youth Aid Service)

or

FGC (Family Group Conference)

or

Youth Court

Question 12

17 year olds are treated as adults. Do children and young persons special protections still apply?

Answer 12

No

Question 13

In regards to people’s rights, what does section 9 detail?

Answer 13

Section 9 details people’s rights to receive information in a language they understand.