Key Points Flashcards
Options when dealing with youth offenders:
- W______ them
- A_______ them
- R_______ them to Y______ A_______ S_______ with a view to further action
Options when dealing with youth offenders:
- Warn them
- Arrest them
- Refer them to Youth Aid Service with a view to further action
Where children or young persons commit offences they are h_______ a_________ and encouraged to
a_________ r_________ for their b_________.
Where children or young persons commit offences they are HELD ACCOUNTABLE and encouraged to
ACCEPT RESPONSIBILITY for their BEHAVIOUR.
Age of criminal responsibility:
10+ Criminally responsible if the offence was m_______ or m_________.
Age of criminal responsibility:
10+ Criminally responsible if the offence was MURDER or MANSLAUGHTER.
Age of criminal responsibility:
12-13 years Are criminally responsible if the offence is one for which the maximum penalty available is or includes imprisonment for l_____ or at least __ y______ (other than murder or manslaughter).
Age of criminal responsibility:
12-13 years Are criminally responsible if the offence is one for which the maximum penalty available is or includes imprisonment for LIFE or at least 14 YEARS (other than murder or manslaughter).
Age of criminal responsibility:
Where a child is aged 12-13 years and is a p______ child offender (ie murder, manslaughter or 14 year max offence) and they commit an offence that carries a max penalty of at least __ years but is less than __ years; they are criminally responsible.
Age of criminal responsibility:
Where a child is aged 12-13 years and is a PREVIOUS child offender (ie murder, manslaughter or 14 year max offence) and they commit an offence that carries a max penalty of at least 10 years but is less than 14 years; they are criminally responsible!
Special rule regarding criminal responsibility of 10 to less than 14 year olds (section 22 crimes act 1961):
They must know the a_____ or o______ was wrong or that it was c_____ t______ l______.
Special rule regarding criminal responsibility of 10 to less than 14 year olds (section 22 crimes act 1961):
They must know the ACT or OMISSION was wrong or that it was CONTRARY TO LAW.
Children, Young Persons and their Families Act 1989…
Definition of child:
A boy or girl under the age of __ years.
Definition of a young person:
A boy or girl o_ or o____ the age of __ years but u_____ __ years; but does not include any person who is or has been married
Children, Young Persons and their Families Act 1989…
Definition of child:
A boy or girl under the age of 14 years.
Definition of a young person:
A boy or girl OF or OVER the age of 14 years but UNDER 17 years; but does not include any person who is or has been married.
Section _
Children, Young Persons and their Families Act 1989…
Police must inform the parent or guardian ASAP if they make a decision that s________ a________ that child or young person.
Section 8 (informing guardians)
Children, Young Persons and their Families Act 1989…
Police must inform the parent or guardian ASAP if they make a decision that SIGNIFICANTLY AFFECTS that child or young person.
They are d_____ w_______ in a w______ that a_______ t_______ n_______ and that will give them the o___________ to d________ in r_________, b_________ and s________ a_________ ways
They are dealt with in a way that acknowledges their needs and that will give them the opportunity to develop in responsible, beneficial and socially acceptable ways
Section ___
Children, Young Persons and their Families Act 1989…
Directs a police officer who is considering whether to institute criminal proceedings against a CYP to c______ whether a w______ would be sufficient.
However section ___ also recognises a warning may not be a_______ due to the:
- s________ of the crime AND
- the n______ and n______ of p_______ offences
Section 209 (warnings and cautions)
Children, Young Persons and their Families Act 1989…
Directs a police officer who is considering whether to institute criminal proceedings against a CYP to consider whether a warning would be sufficient.
However section 209 also recognises a warning may not be appropriate due to the:
- seriousness of the crime AND
- the nature and number of previous offences
Section ___
Children, Young Persons and their Families Act 1989…
Where a CYP is prosecuted, only the defence may disclose that the CYP has been previously warned or cautioned in the past.
Section 213 (previous offending records) Children, Young Persons and their Families Act 1989... Where a CYP is prosecuted, only the defence may disclose that the CYP has been previously warned or cautioned in the past.
Section ____
You MUST report the arrest to the Commissioner of Police within ___ days
Section 214 (Powers of Arrest for CYP): You MUST report the arrest to the Commissioner of Police within 3 days
Section ___
Children, Young Persons and their Families Act 1989…
Requires that the CYPs have c_____ r______ and information explained to them in a manner and in a l________ that is a________ to their age and level of understanding.
Section 218 (rights explained appropriately)
Children, Young Persons and their Families Act 1989…
Requires that the CYPs have certain rights and information explained to them in a manner and in a language that is appropriate to their age and level of understanding.
Section 214 continued... There must be NO ARREST of CYPs unless the officer is satisfied on reasonable grounds that it is necessary to: W E E P
Unless:
1.
2.
3.
Section 214 (Powers of Arrest for CYP cont…)
There must be NO ARREST of CYPs unless the officer is satisfied on reasonable grounds that it is necessary to:
W - Prevent witness interference
E - Ensure appearance in court
E - Prevent loss of destruction of evidence
P - Prevent further offending
Unless:
- For a category 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
Section ___ to ___ provide that CYP statements obtained are not admissible as evidence unless:
- they have been given their r______ AND
- the have had an opportunity to c______ with a barrister, solicitor or nominated person in private AND
- the statement is taken in the presence of an a_____ who is not a member of the p_______.
Section 221 to 226 provide that CYP statements obtained are not admissible as evidence unless:
- they have been given their rights AND
- the have had an opportunity to consult with a barrister, solicitor or nominated person in private AND
- the statement is taken in the presence of an adult who is not a member of the police.
