CYPS Act 1989 - Youth Justice

Question 0

What are the main principles of the CYPSF Act 1989 Sect 4 (f)?

Answer 0

• They are held accountable and accept responsibility for their behaviour.
• They are dealt with in a way that acknowledges their needs and given the opportunity to develop in responsible, beneficial and socially acceptable ways.

Question 1

How does the CYPSF Act 1989 define a ‘Child’ and ‘A Young Person’?

Answer 1

• A child is a boy/girl under 14 years of age

- A young person is a boy or girl over 14, but under 17 years of age.

Question 2

What are the 3 situations where a child may be held criminally responsible for an offence, as per sect 272?

Answer 2

• Child 10 years +
  : child over 10 years and the offence is murder or manslaughter.
• Child 12-13 years
  : Where the child is aged 12-13 years and the offence is one (other than murder or manslaughter) for which the maximum penalty includes life or at least 14 years imprisonment.
• Child 12-13 years, Previous Offence
  : Where the child is aged 12-13 years and is a previous offender in 1a or 1b and the offence is one (other than murder or manslaughter) for which the maximum penalty includes life or at least 14 years imprisonment.

Question 3

What are the obligations of Police to parents when dealing with CYP matters under section 8?

Answer 3

• If a police officer takes any action or makes any decision.
• That significantly affects a young person
• The officer shall inform them as soon as practicable of
• The officers actions and the reasons for them
• To any parent, guardian or person having the care of the CYP
• The information can be given orally and where practicable, in writing

Question 4

Under section 215, when must a child or young person be informed of their rights?

Answer 4

• When there are RGTS the CYP has committed and offence.
• Before asking the CYP questions intended to gain admission of an offence.
• When during questioning the officer forms RGTS the CYP has committed an offence.
• When during questioning the officer decides to charge the CYP.
• On arresting a CYP.
• When the CYP makes any inquiry relating to the explanation of their rights.

Question 5

Under section 215, how must the rights/caution be explained when a child or young person is informed of their rights?

Answer 5

• Explained in a manner appropriate to their age and level of understanding.
• Advise : Explain with context : Explain back to officer : Repeat

Question 6

When are you not required to advise a CYP of their rights/caution under sect 215 of the act?

Answer 6

• If the rights have been explained in the previous hour
• Breath/Blood alcohol provisions
• Immigration act procedures

Question 7

What are the provisions for the arrest of a CYP under Sect 214?

Answer 7

• Unless the officer is satisfied on reasonable grounds that it is necessary to:
  : Witness safety-Prevent interference with witnesses
  : Evidence-Prevent loss or destruction of evidence
  : Ensure the CYPs appearance in court
  : Prevent further offences

Question 8

What are the exceptions to the provisions of arresting a CYP under Sect 214?

Answer 8

• If the arrest is a Category 4 Offence
• AND the arrest is required in the public interest
• OR the arrest is necessary to carryout EBA provisions of the Land Transport Act 1998

Question 9

What are the requirements to obtain an admissible statement under sect 221 & 226?

Answer 9

• Statements are admissible from a CYP if:
  : Rights/Caution explained.
  : CYP allowed to consult with a solicitor and/or nominated person if they wish to do so.
  : Statement is made in the presence of either a lawyer and/or a person nominated by the CYP.

Question 10

Under section 22, a CYP has the right to nominate a person they wish to be present during questioning. When can police object to the nominated person?

Answer 10

• P Pervert the course of justiice
• U Under 20 years of age
• N Not available within a reasonable time period
• C Cannot be located
• A Another police officer