CYPS And Their Families Act 1989 Youth Justice

Question 0

What is the exception of section 214?

Answer 0

If the arrest is for a cat 4 offence AND the arrest is required in the public interest, OR the arrest is necessary to carry out breath blood alcohol provisions of the land transport act 1998

Question 1

What are the provisions of section 214 children, young persons and their families act 1989
WEEP

Answer 1

NO ARREST OF CHILDREN AND YOUNG PERSONS
Unless the officer is satisfied on reasonable grounds that it is necessary to arrest to:
- ensure the child or young persons appearance at court
- prevent further offences
- prevent loss/destruction of evidence
- prevent interference with witnesses

Question 2

Detail the information that must be given to a CYP as per section 215

Answer 2

This section outlined when a child or young person must be informed of their rights (explained in a manner appropriate to their age and level of understanding) before being questioned by an enforcement officer

Question 3

Explain how to obtain an admissible statement from a young person

Answer 3

The rights / caution must be explained
AND
Child or young person allowed to consult with solicitor and/or nominated person if they wish to
AND
Statement made in presence of (one of the following):
- lawyer and/or
- person nominated by child or young person
(Police may disallow nominated person in certain circumstances)

Question 4

What is PUNCA in respect of police not having to accept a nominated person

Answer 4

P - pervert the course of justice
U - under 20
N - not available
C - cannot be located
A - an enforcement officer