CYPFA

Question 1

What is Section 4(f) of the CYPFA 1989?

Answer 1

Directs that, where children or young persons commit offences:

(i) They are held accountable, and encouraged to accept responsibility for their behaviour.
(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 2

What principle does Section 208 of the CYPFA 1989 describe?

208 Take it easy mate.

Answer 2

• Criminal proceedings should not be instituted agaings a CYP if there is an alternative means to dealing with the matter.
• The abilities of family groups to develop their own means of dealing with their children offending should be fostered.
• Any sanctions imposed on a CYP who commits an offence should be the least restrictive form appropriate in the circumstances.
• Measures for dealing with CYP should have due regard to the interests of any victims of that offending.
• Where practicably safe to do so a CYP should be kept in the community.

Question 3

What is Section 272(1) of the CYPFA 1989?

Answer 3

Age of criminal responsibility.

(a) Child 10+ years. Where the child is of or over the age of 10 years and the offence is murder or manslaughter.
(b) Child 12-13 years. Liable for Murder, Manslaughter, any other offence that carries a life sentence or a sentence of 14 years or more
(c) Child 12-13 years previous offence 1(a) 1(b) , Murder, Manslaughter, offences between 10 to 14 years penalty.

Question 4

What is Section 8 of the CYPFA 1989?

Information mate!

Answer 4

Section 8 acknowledges that parents have the right to be informed of any action that significantly affects their children. This includes such things as fines.

Question 5

What is Section 9 of the CYPFA 1989?

Answer 5

Details people’s rights to receive information in a language they understand.

Question 6

What is Section 218 of the CYPFA 1989?

In my words mate!

Answer 6

Requires that CYP have certain rights and information explained to them in a manner and in a language that is appropriate to their age and level of understanding.

Question 7

What is Section 215 of the CYPFA 1989?

Answer 7

A CYP must be given their rights when:

• There are RGTS the CYP has committed an offence.
• Before asking a CYP questions intended to obtain an admission of an offence.
• When during questioning the officer forms RGTS the CYP has committed an offence.

Question 8

What is Section 215(a) of the CYPFA 1989?

Answer 8

Where a CYP being questioned in relation to their involvement in any offence, makes any inquiry relating to the explanation of rights. The police officer must explain any of those matters as may be appropriate to the inquiry.

Question 9

What is Section 216 of the CYPFA 1989?

Answer 9

A CYP must be informed of their rights, When during questioning the officer has decided to charge the CYP.

Question 10

What is Section 217 of the CYPFA 1989?

Answer 10

A CYP must be informed of their rights, on arresting the CYP.

Question 11

What is Section 219 of the CYPFA 1989?

Answer 11

No explanation of a CYP rights need be given if the same explanation has been given in the last hour.

Question 12

Under section 209 when should a warning be given to a CYP?

Answer 12

Section 209 directs a police officer who is considering whether to institute criminal proceedings against a CYP to consider whether a warning should be sufficient.

Question 13

Under Section 209 When is a warning not appropriate?

Answer 13

Section 209 recognises that a warning may be clearly inappropriate because of.

• The seriousness of the offence.
• The nature and number of previous offences.

Question 14

Under Section 209 who administers the warning?

Answer 14

The officer may administer the warning or may arrange for any other person to warn the CYP.

Question 15

What is the agreed police procedure for warnings?

Answer 15

The police attending the scene or incident will give the warning.
The officer submits a file consisting of form 101 only, which will be forwarded to YAS.
YAS qill update their files and then forward the required written notice to both the CYP and the CYP’s parent or guardian.

Question 16

What is Section 213 of the CYPFA 1989?

Answer 16

Section 113 states. Where a CYP is prosecuted, only the defence may disclose that the CYP has been warned or cautioned in the past.
The prosecution may not admit any evidence relating to any offence to which the CYP has been warned or cautioned.

Question 17

What is section 229 of the CYPFA 1989?

Answer 17

Upon a CYP being brought to a police station for questioning or upon arrest.

Police must inform as soon as possible.

• A person nominated by the CYP AND a parent or guardian.
• That the CYP is at the police station; and
• That the nominated person/parent/guardian may visit them.

The nominated person/parent/guardian is entitled to:
- Visit the CYP at the police station.
- Have the CYP rights explained to them (as soon as practicable after arrival at the police station an in a language they can understand).
Consult privately with the CYP.

Question 18

What is section 214 of the CYPFA 1989?

Answer 18

Police powers of arrest without warrant of CYP

Question 19

Under section 214 NO ARREST OF CYP UNLESS.

Answer 19

The officer is satisfied on reasonable grounds that it is necessary to:

• Ensure the CYP appearance at court
• Prevent further offences.
• Prevent loss/destruction of evidence.
• Prevent interference with witnesses.

Exceptions:

If the arrest is for category 3 or 4 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years.

And the arrest is required in the public interest.

Or the arrest is necessary to carry out breath/blood-alcohol provisions of the LTA 1998.

Question 20

What must you do if you have arrested a CYP under section 214?

Answer 20

You must submit a report to the Commissioner of Police within three days of the arrest. Use the CYP arrest/removal notification screen in the bulletin boards.

Question 21

What is section 214(a) of the CYPFA 1989?

Answer 21

Power to arrest if a CYP has breached their bail conditions for a third time for the same offence.

Question 22

What is section 222 of the CYPFA 1989?

Answer 22

The CYP may nominate who they wish to be present when they are being questioned or when a statement is being taken.

If a CYP refuses to nominate an adult the police may nominate someone, other than an enforcement officer

If the parent or guardian is a enforcement officer then they are allowed to be nominated.

Adult, except for a parent or guardian means a person who has attained the age of 20 years.

Question 23

What is section 222(2) of the CYPFA 1989?

Answer 23

In certain circumstances, the police do not have to accept the person nominated.

If the nominated person would be likely to attempt to pervert the course of justice.

If the nominated person cannot be located.

If the nominated person wouldn’t be available within a period of time that is reasonable.

Question 24

What is Section 5 of the CYPFA 1989?

Answer 24

General Principles. Principles to be applied in exercise of powers conferred by this Act

Question 25

What is Section 6 of the CYPFA 1989?

Answer 25

Welfare and interests of child or young person paramount.

Question 26

What is section 13 of CYPFA 1989?

Answer 26

In determining the welfare and interests of a child or young person, the court or person must be guided by the principle that children and young people must be protected from harm and have their rights upheld,

Question 27

What is section 14 of CYPFA 1989?

Answer 27

Definitions of CYP in need of care.

Question 28

What is section 39 of the CYPFA 1989?

Answer 28

Place of safety warrants, Powers to remove CYP

Question 29

What is Section 42 of the CYPFA 1989?

Answer 29

Any constable who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant,—
(a)
enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
(b)
remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive.

Question 30

What is section 48 of CYPFA 1989?

Answer 30

48 Unaccompanied children and young persons
(1)
Where a child or young person is found unaccompanied by a parent or guardian or other person who usually has the care of the child or young person in a situation in which the child’s or young person’s physical or mental health is being, or is likely to be, impaired, a constable may, using such force as may reasonably be necessary, take the child or young person and—
(a)
with the consent of the child or young person, deliver the child or young person into the custody of a parent or guardian or other person usually having the care of the child or young person; or
(b)
if—
(i)
the child or young person does not wish to be returned to a parent or guardian or other person having the care of the child or young person; or
(ii)
no parent or guardian or other such person is willing or able to have custody of the child or young person,—
place the child or young person in the custody of the the chief executive (acting through the chief executive’s delegate) by delivering the child or young person to a social worker.