Miscellaneous - created July 2017

Question 1

When considering whether there is just cause for continued detention, what must the court take into account under s8(1), Bail Act 2000?

Answer 1

(a) whether there is a risk that—
(i) the defendant may fail to appear in court on the date to which the defendant has been remanded; or
(ii) the defendant may interfere with witnesses or evidence; or
(iii) the defendant may offend while on bail; and
(b) any matter that would make it unjust to detain the defendant.

Question 2

In considering whether there is just cause for detention under s8(1), Bail Act 2000, list five things the Court may take into account.

Answer 2

(a) the nature of the offence with which the defendant is charged, and whether it is a grave or less serious one of its kind:
(b) the strength of the evidence and the probability of conviction or otherwise:
(c) the seriousness of the punishment to which the defendant is liable, and the severity of the punishment that is likely to be imposed:
(d) the character and past conduct or behaviour, in particular proven criminal behaviour, of the defendant:
(e) whether the defendant has a history of offending while on bail, or breaching court orders, including orders imposing bail conditions:
(f) the likely length of time before the matter comes to hearing or trial:
(g) the possibility of prejudice to the defence in the preparation of the defence if the defendant is remanded in custody:
(h) any other special matter that is relevant in the particular circumstances.

Question 3

What are the grounds on which a warrant to remove child or young person may be issued under s40, CYPF Act 1989?

Answer 3

Reasonable ground for believing that the child or young person is

a) suffering, or is likely to suffer, ill treatment, serious neglect, abuse, serious deprivation, or serious harm, or
b) so seriously disturbed as to be likely
i) to act in a manner harmful to the child or young person or any other person, or
ii) to cause serious damage to property.

Question 4

Under s214, CYPF Act 1989, to arrest a CYP an officer has to be satisfied on reasonable grounds of what?

Answer 4

a) that it is necessary to arrest that child or young person without warrant for the purpose of
i) ensuring the appearance of the CYP before the court or
ii) preventing that child or young person from committing further offences or
iii) preventing the loss or destruction of evidence relating to an offence committed by the child or young person or an offence that the enforcement officer has reasonable cause to suspect that CYP of having committed, or preventing interference with any witness in respect of any such offence, and
b) where the CYP may be proceeded against by way of summons, that proceeding by way of summons would not achieve that purpose.

Question 5

Under s218, CYPF Act 1989, how are explanations to be given to CYP?

Answer 5

‘in a manner and in language that is appropriate to the age and level of understanding of the child or young person’

Question 6

On what grounds can a nominated person be refused under s222, CYPF Act 1989?

Answer 6

If the enforcement officer believes on reasonable grounds that

a) if permitted to consult with the CYP would attempt or be likely to attempt to pervert the course of justice
b) cannot with reasonable diligence be located, or will not be available within a period of time that is reasonable in the circumstances

Question 7

What are the powers under s15, S & S Act 2012?

Answer 7

Enter and search a place if
RGTS offence punishable by 14 yrs or more has been committed or is being or about to be
AND
RGTB
EM relating to offence in that place AND
if entry delayed CADD may occur

Question 8

What are the powers under s16, S & S?

Answer 8

Search a person in public place if RGTB person in possession of EM relating to offence punishable by 14 yrs or more.

Question 9

What are the powers under s17, S & S?

Answer 9

Enter and search vehicle in public place if RGTB EM relating to offence punishable by 14 yrs or more is in or on vehicle.

Question 10

On what grounds can s117, S&S Act be exercised?

Answer 10

• an application for a SW is about to be made or has been made and has not yet been granted or refused AND
• RGTB EM may be CADD before a decision is taken to grant or refuse

Question 11

What are the powers under s117, S&S Act?

Answer 11

• enter and secure place, vehicle or other thing
• secure any item or items found
• direct any person to assist with entry and securing of place/vehicle/other thing or securing items in it

Question 12

What are the time limits under s117, S&S Act?

Answer 12

The powers may be exercised until the first of the following occurs:

a) expiry of 6 hours from when power first exercised
b) the warrant is available for execution
c) the application for a SW is refused

Question 13

s123, S&S Act applies to an enforcement officer who is doing what?

Answer 13

As part of his or her duties

• exercising a search power OR
• lawfully in any place or in or on a vehicle OR
• is conducting a lawful search of a person

Question 14

s123, S&S Act empowers an officer to seize items that they find in the course of carrying out a search or observations etc. if they have RGTB what?

Answer 14

• could have seized the items under any SW that could have been obtained OR
• any other search power

Question 15

How is a specified offence defined under s29, Victims’ Rights Act 2002?

Answer 15

a) an offence of a sexual nature
b) serious assault
c) offence that has resulted in serious injury to a person, in the death of a person or in a person becoming incapable
d) an offence of another kind that has led to the victim having ongoing fears on reasonable grounds
- for his or her physical safety or security or
- for the physical safety or security of one or more members of his or her immediate family