judges' rule 2

Question 1

what must the officer be mindful of when thinking about stopping and searching a child?

Answer 1

NO POWER to stop, question or search a child nor is the child’s refusal to answer any question be taken as grounds for suspicion that the child has committed an offence.

Question 2

stop and search of a child is against their liberty hence it must be based on what?

Answer 2

a) must have reasonable grounds or suspicion that the article or substance will be found.

b) brief not lasting any longer than necessary for the purpose of the stop and search.

c) must take place at, near the place of the stop or a police station as far as possible.

d) search should be done discretely with regard for the child’s dignity, sensitivity and vulnerability.

every reasonable effort should be taken to secure the child’s cooperation and minimize embarrassment.

Question 3

what should be done if a child refuses to cooperate with the officer?

Answer 3

the police officer shall take the child to the nearest police station or booking (south oropouche or st joseph maracus) and notify the authority (children’s authority) immediately.

Question 4

Can a child be questioned without a parent or guardian present?

Answer 4

no a child should not be questioned without the presence of a parent, guardian or person with the responsibility for the child or appropriate adult for the child.

Question 5

under what circumstances can a child be searched without the presence of a parent, guardian or person with the responsibility for the child or appropriate adult for the child?

Answer 5

a) the child needs to be protected from himself.
b) the child poses a harm or threat to others.
c) it is necessary to preserve evidence or property.
d) the child is committing, about to commit or has committed an offence.

Question 6

what is the 2nd judges’ rule for children?

Answer 6

you do no have to say anything or answer any question. however, if you say anything or answer any question from now on, it will be written down and can be used as evidence either for or against you.

Question 7

when stating the 2nd caution/ judges’ rule to a child how should the police officer approach it?

Answer 7

use language that the child can understand so long as the essence of the caution is preserved. eg drawings, questionnaire etc.

Question 8

what is the 3rd judges’ rule/caution for children?

Answer 8

non - intimate search - the physical examination of a child’s body without the removal of clothing and requesting the child to open his mouth.

Question 9

how to carry out a non-intimate search of a child according to judges’ rule?

Answer 9

a) in the presence of a parent, guardian, person with responsibility for the child or an appropriate adult.

b) officer of the same sex unless the child says otherwise.

Question 10

what does rule IV of the judges’ rule for children state?

Answer 10

intimate and strip search - the physical examination of a person’s body orificies and probing of the mouth with any object or finger (done by a doctor or medical officer)

Question 11

what does the term strip search in the 4th judge’s rule for children mean?

Answer 11

the removal of the child’s clothing inclusive off undergarments, head covering and face covering to inspect their genitals, buttocks, breast, head or any other private area of the body.

Question 12

when can an officer search the mouth of a child according to the 4th judges’ rule for children?

Answer 12

when he has reasonable grounds to suspect that
a) the child needs to be protected from himself.
b) the child poses a harm or threat to others.
c) when necessary to preserve evidence or property.
d) the child is committing, about to commit or has committed an offence.

Question 13

under rule 4 when shall an officer in charge not authorize a search of a child’s bodily orifice other than the mouth?

Answer 13

if he does not have reasonable grounds to believe that the child does not have anything concealed on himself.

a) anything that could and might cause physical injury to himself or others at the station.
b) any dangerous drug in accordance with the dangerous drug act chpt; 11:25 which he intended to supply to another/export

Question 14

what rank of officer can authorise a strip search of a child?

Answer 14

sergeant and above

Question 15

what does rule 5 of the judges’ rule for children say about children being arrested on warrant?

Answer 15

the arrest must be carried out by non-uniformed police offier.

b) officer must have his ttps issued ID card at the time of arrest.

c) arrive in an unmarked vehicle.

d) arresting officer should be the same sex as the child unless it is not in the child’s best interest.

Question 16

what does rule 6 of the judge’s rule for children say about interviewing or interrogating?

Answer 16

done by a police officer trained to interview and interrogate children.

Question 17

what does the interviewing or interrogating rule 6 of the judges’ rule about a police officer interviewing a child at school?

Answer 17

a child should not be interviewed at school unless

a) the school has facilities to conduct confidential interview or interrogation between the police officer and child.
the following persons are present
b) (i) the child’s parent, guardian or person of responsibility.
b) (ii) duty counsel or a private attorney-at-law
b) (iii) principal of the school or his nominee.

Question 18

how long can you interrogate a child for?

Answer 18

the child should not be asked the same question repeatedly over a 4hr period.