CYPS AND CPP Flashcards
WHAT DOES S214 ORANGA TAMARIKI ACT CONTAIN?
Criteria for arresting a child or young person without warrant.
WHAT CRITERIA MUST BE MET BEFORE ARRESTING A CHILD OR YOUNG PERSON?
- ensure appearance in court
- prevent further offending
- prevent interference with witnesses
- prevent destruction of evidence
WHEN IS THE PRINCIPLE NOT TO ARREST WAIVED?
If they have committed a category 4 or category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 year AND the child must be arrested in the public interest
WHEN DOES A CHILD OR YOUNG PERSON NEED TO BE GIVEN THEIR RIGHTS?
- when the person is under arrest
- when Police have reasonable grounds to suspect them of having committed an offence
- before asking any questions of the person that are intended to obtain n admission of an offence
- when during the course of questioning a person, an enforcement office forms the view that there are reasonable grounds to suspect the person of having committed an offence
- when the person makes an enquiry about all or part of the rights under s215 (only the part enquired about need be explained or given)
WHAT DOES S215 ORANGA TAMARIKI ACT COVER?
When to read a child or young person their rights
WHEN DO YOUTH/CHILD BOR NOT NEED TO BE EXPLAINED?
- EBA procedures
- Being held under s342 Immigration Act 2009
- If they have been given their rights within the previous hour
WHAT IS DOLI INCAPAX?
Doli incapax is an ancient common law presumption that children under a particular age are ‘incapable of evil’ and therefore should not be culpable for any criminal acts or omissions.
WHAT THREE ASPECTS OF THE OFFENCE NEED TO BE PROVEN TO PROVE CULPABILITY FOR A CHILD?
- mens rea
- actus rea
- at the time of offending, knowledge of wring or that the act/omission was contrary to law
WHAT PRESUMPTION IS MADE IN NEW ZEALAND IN RELATION TO CRIMINAL LIABILITY AND AGE?
- a child aged under 10 years cannot be held legally responsible for their actions (cannot be rebutted)
- a child aged 10-13 years cannot be criminally liable unless they knew their act or omission was wrong or contrary to law (rebuttable)
WHAT THREE BEHAVIOURS MEET THE THRESHOLD FOR CPP?
- sexual abuse
- physical abuse
- neglect
WHAT THREE THINGS ARE USED TO CONSIDER WHETHER PHYSICAL ABUSE MEETS THE THRESHOLD FOR CPP?
- the action of the abuse
- the injury inflicted
- the circumstances
ACTIONS THAT MEET THE THRESHOLD FOR CPP
- blow or kick to the head
- shaking of an infant
- strangulation
- use of an object as a weapon
- attempted drowning
INJURIES MEETING THE THRESHOLD FOR CPP
- a bone fracture
- burn
- concussion or loss of consciousness
- any injury that requires medical attention
- any bruising or abrasion when the child is very young and/or the position and patterning make it unlikely to be caused by play or another child or accident
WHAT OTHER CIRCUMSTANCES CAN BE CONSIDERED TO LIFT THE THRESHOLD TO CPP?
- vulnerability of the child (age, disability)
- multiple offenders
- history of abuse
- high degree of violence (loss of control by offender, enhanced maliciousness or cruelty in the house, degree of violence in relation to the age of the victim
- offender’s history and background (sever or extended criminal history, severe and frequent family violence)
- location of the incident
- nature and level of concern from the notifier (were they a direct witness?)
WHAT IS NEGLECT?
When a person intentionally ill-treats a or neglects a child or causes or permits the child to be ill-treated in a manner likely to cause the child actual bodily harm, injury to health or mental disorder or injury. It must be serious and avoidable.
