Cyps Flashcards
What is the definition of a young person?
Is a boy or girl o or over the age of 14 years but under 17 years; but does not include any person who is or has been married.
What is the definition of a child?
Is a boy or girl under the age of 14
When would a child be held criminally responsible in court?
A child over 10 years of age would be held responsible only if the offence was murder or manslaughter.
When a child who is either 12 or 13 years of age commits an offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years.
Where the child is aged 12 or 13 and has committed a previous offence that they were held criminally responsible for, and commits a new offence for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years.
Any other offences by a child will be doubt with by youth aid service (YAS)
What is the court jurisdiction for 14- 16 year olds?
Young people aged 14-16 will be tried in the youth court
Someone who offended at the age of 14-16 but charges were filed at the age of 17 will be tried at the youth court
What are the police obligations to parent under section 8 of the cypfa 1989?
If police take any action or makes an decision that significantly affects that child or ping person the officer should inform the parent or guardian as soon as practical of the officers actions and reasons for them. Orally or in writing.
When must a child or young person be informed of their rights under section 215?
- reasonable grounds to suspect of committing an offence
- before questioning to obtain admission
- when during questioning officer forms reasonable grounds to suspect
- when during questioning the officer decides to charge
- when arresting a cyp
- when a cyp enquiries about their rights
What are a child or young persons rights when arrested?
You must explain so they can understand
SWEEN
S - not obliged to make a statement
W - they may withdraw consent at any time
E - their statement can be used as evidence
E - entitled to a lawyer
N - can have a nominated person present
What are the exceptions to having to give rights to a cyp?
Rights explained within previous hour (s219)
Breath/ blood alcohol provisions
Immigration Act procedures
What reasons are there for an officer arrest a cyp?
The officer is satisfied on reasonable grounds that it is necessary to arrest to:
WEEP
W - prevent interference with witness
E - ensure their appearance in court
E - prevent loss/destruction of evidence
P - prevent further offences
OR if the arrest is for a category 4 offence, and is required In the public interest. Or necessary to carry out blood/ breath alcohol test.
All arrests must be reported within 3 days.
In what circumstances can police not allow someone to be a nominated person?
PUNCA
P - that person would Pervert the course of justice
U - is Under the age of 20
N - Not available within a reasonable period of time
C - Cannot be located
A - Another police officer
When is a statement made by a cyp admissible?
Rights / cautions explained
And
Cyp allowed to consult with lawyer/ nominated person
And
Statement made in presence of lawyer and/or nominated person
Exception is when a cyp says a statement spontaneously before police have had a chance to comply with act
Section 4(f) of cypfa directs that, where children or young persons commit offences:
They are held accountable, and encouraged to accept responsibility for their behaviour
And
They are dealt with in a way that acknowledges their needs and will give them the opportunity to development in responsible, beneficial and socially accepted ways.
