CYPS/ Oranga Tamariki Act 1989 Flashcards
Care and Protection age changes?
Young person is re defined as a “person of or over the age of 14 years but under the age of 18 years.
(17 yr olds are included in care and protection provisions)
How are Police effected?
Making reports of concern when we identify YP in harmful home environments.
Delegation Change? Explain re Care and protection.
This is achieved by making the chief executive responsible for many tasks that social workers are currently responsible for. The CE can delegate responsibility to other people.
Section 48- Unaccompanied children and Young persons. (Powers re care and protections)
Where a Child or YP is found unaccompanied by a parent or guardian or other person in a situation in which the Child or YP’s physical or mental health is being, or is likely to be impaired a constable may:
Use such force as reasonably be necessary
With the consent of the child or YP, deliver the child or YP into the custody of parent/ guardian.
Child or YP does not wish to be returned to a parent or no parent, guardian or other person not willing to have,
Place the child or YP in the custody of the chief executive.
Placement in the custody of the chief executive shall be sufficient authority until:
the child agrees to return.
An application is made to court for Care and protection order.
The case indicates that the Child or YP need care and protection, the expiry of 5 days after the day on which the child or YP was placed in custody.
Section 208 Principles. (Youth Justice)
What are they?
Unless in the public interest, criminal proceedings should not be instituted against a child or YP.
Criminal proceedings should not be initiated against a child or YP to provide assistance or services needed.
That any measures: Strengthen the family, foster ability of family to develop own means of dealing with offending.
Should be kept in the community unless safety of public at risk.
The age of child or YP is a mitigating factor:
whether to impose sanctions or the nature of any such sanctions.
Take form most likely to promote development, take the least restrictive form, measures address underlying causes of offending.
Consideration should be given to victims views.
Measures have proper regard for interest of any victims
Vulnerability of of child or YP entitles them to special protection.
Section 214, arrest of child or YP without warrant.
Section 1- Shall not arrest unless satisfied, on reasonable grounds:
2- Ensure appearance before court.
3- Prevent further offending.
4- Prevent loss or destruction of evidence, prevent interference of any witnesses.
Summonsing would not achieve this purpose.
Nothing in subsection 1 prevents a constable arresting where:
Constable has reasonable cause to suspect that a child or YP has committed a category 4 offence or Cat 3 offence for which max penalty includes imprisonment for life or at least 14 years.
(3) every officer who arrests must:
Furnish a written report to Commissioner within 3 days.
Will state why arrested.
Sec 214A Arrest BOB
Child or YP released on bail:
Reasonable grounds, has breached a condition of that bail and on two or more occasions breached a condition of that bail ( whether or not the same condition)
Authority to arrest must be obtained by Youth Aid Sergeant in the first instance or a supervising Sergeant + or qualified youth aid officer.
Sec 234 Custody of Child or YP following arrest.
Where a child or YP arrested with or without warrant, a constable shall:
Release the child or YP.
Release on bail.
Deliver into the custody of:
Parent, guardian or other person.
With agreement of child any iwi social service or cultural SS.
With agreement of the child any other person or org approved by CE.
Sec 235 Child or YP arrested may be placed in custody of chief executive.
Must place the child or YP in the custody of the CE.
Must do so no later than 24 hours after the arrest.
If constable believes on reasonable grounds:
Not likely to appear
Commit further offences
Prevent loss or destruction of evidence/ interfere with witnesses
And is likely to breach bail.
When delivered must provide details of:
The identity.
The circumstances of the arrest
Date and time of intended appearance.
No constable can use this power for care and protection concerns.
Sec 236 Detained in Police custody.
Where a Chief executive and Senior Sgt or above are satisfied on reasonable grounds:
Likely to abscond or be violent.
Suitable facilities for safe custody are not available.
Joint Certificate, be detained in Police custody for a period exceeding 24hrs until appearance before the court.
Within 5 days furnish report to Commissioner
Copy of certificate
Circumstances of certificate
Duration of the period detained.
Sec 238 Custody of child pending hearing.
The court shall:
Release the child or YP
Release the child or YP on bail
Order the child or YP be delivered into custody of parents…
Order the child or YP be detained in custody of CE, an iwi service or cultural social service.
Order the child or YP be detained in Police custody.
Victims rights act advise inform etc.
Case law- Police v D Kaitaia: Detention under sec 48
Youth found drunk on private property.
# Police acted reasonable by taking youth to station. # Police failed to consider the youths interest by taking him through the secure entrance. # They then detained him beyond their legal authority. # Failed to ascertain whether youth preferred to go home. # No evidence police informed youth he was detained. # It was wrong to detain youth for section 48
Case law- Police v T-M Arrest guidelines 214
Number of burglaries occurred in Whangarei. Invoked sec 48 and took youth back to station in the early hours of the morning.
Sec 48 not to be used for sole purpose of taking into custody.
If suspect offence committed, arrest should be considered under 214.
Sec 208 requires criminal proceedings to be initiated if alternative means available.
Should not arrest just to satisfy youth facing consequences.
Must consult with youth aid officer for FGC.
Police v T ; 214 and detention in Police custody
Youth stole two packets of biscuits and decamped.
Youth at time was on supervision order for 17 offences.
Youth remained in custody just over 24 hrs.
The continuation of the arrest was in breach of the letter and spirit of 214. Single charge of shop lifting did not suggest continued offending.
Failure to bring defendant to court was a breach of the bill of rights act. The fact he stayed in custody over 24 hrs was serious breach of the law.
Case law- Police v CG
Female youth charged with aggravated robbery jointly
Due to description these females remained in Police custody for over 36hrs until bailed without Police opposition by the Youth Court.
Officers believed to prevent interference with witnesses
Although arrest for aggravated robbery no questions to where the wallet, all questions pertained to the assault.
Offenders unknown to Police or SS.
Police did not have reasonable grounds to arrest.
Consequences of arrest, one was a mother who was forcibly separated fro breast feeding 4 moth old baby.
No joint cert obtained.
