CYPFA 1989 - Youth Justice Flashcards
Information given to a CYP under Section 215
Rights/Caution must be clearly explained.
Obtaining admissible statements from a CYP
Explain and ensure they understand rights/caution
Allow CYP to consult with a solicitor and/or nominated person
Oral statements made spontaneously by CYP before police have the opportunity to reasonably comply with act requirements
Section 8 CYPFA 1989
Acknowledges that parents have the right to be informed of any action that significantly affects their children
Definition of a child
A boy or girl under the age of 14
Definition of a young person
A boy or girl of or over the age of 14 but under 17
Criminal liability of a child
No person under 10 can be convicted of an offence
No person over the age of 10 but under the age of 14 can be convicted of any offence unless they knew it was wrong
Criminal liability of a young person
A person aged from 14 but under 17 is criminally responsible for their actions.
Dealt with by YAS or FGC or Youth Court
Criminal liability of a 17 year old
A person aged 17 is treated as an adult
Section 209
Directs a police officer who is considering whether to institute criminal proceedings against a CYP to consider whether a warning would be sufficient.
Police can use discretion
Section 213
Admissibility of evidence of warnings/cautions where a child or young person is prosecuted
Only the defence may disclose that the child or young person has been warned in the past
The prosecution cannot
Section 214
Powers of Arrest
Arrest with out warrant on a CYP
NO arrest of a CYP unless the officer is satisfied on reasonable grounds that it is necessary to Arrest to
W - prevent interference with witnesses
E - prevent loss/destruction of evidence
E- ensure court appearance
P - prevent further offences
Category 3 or 4 offence, public interest, EBA
Section 214a
Arrest of CYP in breach of bail conditions
Can arrest CYP without a warrant if..
- child has been released on bail
- has breached a condition of that bail
- 2 or more previous breaches
Must get approval from youth aid sergeant, supervising sergeant, youth aid officer
Provisions of Section 214 - deciding to arrest a CYP
- refuses to give their details
- runs from the scene
- likely to abscond
- intoxicated and/or fighting, likely to commit more offences
- stolen property on them, refuse a search
- part of an adult gang, threatens witness
- category 3 or 4, arrest required in the public interest
W E E P
