CYPFS Flashcards
A young person….definitions
Is a boy or girl of or over the age of 14 but under 17 ; but does not include any person who is or has been married
A child…definition
Is a boy or a girl under the age of 14 years
Criminal responsibility
Child 10 years plus
Where the child is of or over the age of 10 years and the offenses murder manslaughter
Criminal responsibility
Child 12 to 13 years
Where the child is aged 12 or 13 years and the offense is one of murder or manslaughter for which the Maximum penalty available is or includes imprisonment for life or for at least 14 years
Criminal responsibility Child 12 to 13years
previous offence
Where the child is aged 12 or 13 years and is a previous offender under 1A or 1B and the offense is one other then murder or manslaughter for which the maxium penalty available is or includes imprisonment for at least 10 years but less then 14
Section 8 CYPFS ACT 1989
Ring there mate
Police have the responsibility to call the parents, guardian or caregiver when dealing with a young person.
Section 215 rights
Rights/ caution must be read; SAD BAD
Suspected RGTS CYP has committed an offence
Ask..whenever the CYP person ask for there rights
Deciding to charge CYP
Before questioning.
Arresting a CYP
During question…bill of rights 22
Powers of arrest; section 214
No arrest arrest of a young person unless
W witness safety
E ensure appearance
E prevent loss/ destruction evidence
P prevent offending
Can’t be a nominated person
PUNCA
Pervert the course of justice Under 20 Not available in reasonable period of time Can't be located Another police officer.
What is a nominated person
Child or young person may nominate who they wish to be present when they are being questioned or statements being taken.
Paramount principle
Section 6
The welfare and interests of the child or young persons shall be the first and paramount consideration
Search without warrant
section 42
Emergency power only to be use when it is critically necessary from injury or death.
Remove or detain
Place of safety warrant: Section 39
You’ve got time
If you believe that a child has suffered or is likely to suffer ill treatment, neglect, abuse etc
You may get a warrant then remove or detain.
Section 48
Kids out late
Where a child or young person is found by police unaccompanied,
And thermite physical or mental health is being, or likely to be impaired..take child.. deliver to parent or guardian or place in CYPFS custody
Child or young person in need of Care and protection
The child or young person is likely to be sexually, emotionally or physically absurd or neglected.
The guardians unable or unwilling to control the child or young person
A child aged 10 - 14 is offending to such an extent there is concern for your well-being
