Oranga Tamariki

Question 1

What is the care and protection age?

Answer 1

Of or over the age of 14 years but under the age of 18 years.

Question 2

Section 39 (1) - place of safety warrant

Answer 2

Any DC Judge or Issuing Officer who is satisfied on RG that a child or YP is suffering or likely to suffer ill-treatment, neglect, deprivation, abuse or harm may issues a warrant authorising any Constable to search for the child or YP.

Question 3

Section 39 (3) OT Act 1989 - allows police to?

Answer 3

Enter + search, by force if necessary, any dwelling, house, building, aircraft, ship, carriage, vehicle, premise or place.

If that person believes on RG that the child is suffering or is likely to suffer ill-treatment, neglect, deprivation, abuse or serious harm.

Remove or detain by force of necessary, the child or YP and place them in custody of the chief executive OR

Where the child is in Hospital, direct the medical superintendent of that hospital to keep that child or YP in that Hospital.

Question 4

Section 42 OT Act 1989 - Search without warrant - explain what you can do.

Answer 4

Any Constable with belief on RG that it is critically necessary to protect a child or YP from injury or death may without warrant:

Enter and search, by force if necessary, any dwelling, house, building, aircraft, ship, carriage, vehicle, premise or place.

Remove or detain by force if necessary the child or YP and place them in custody of the chief executive.

Question 5

Section 42 (2) OT Act 1989 - Explain what you must do when exercising s42?

Answer 5

Every Constable shall on first entering the place:

(a) produce evidence of ID and
(b) disclose the power being used

Within 3 days furnish a report to the Commissioner of Police

Question 6

Section 48 OT Act 1989 - Unaccompanied child or YP

Answer 6

Where a child or YP is found unaccompanied by a parent or guardian in a situation which the child or YP physical or mental health is being or likely to be impaired, a Constable may, using such force as may be reasonably necessary take the child or YP:

(a) with their consent, to a parent or guardian or other person usually having the car of the child or YP
(b) if the child or YP doesnt want to be returned to the parent or guardian or if the parent or guardian isnt willing to have the child or YP.

Place the child or YP in the custody of the chief executive.

Question 7

What are the principals in section 208 OT Act 1989?

Answer 7

(a) unless in the public interest, criminal proceedings should not occur of there is an alternative means of dealing with the matter.
(b) criminal proceedings should not occur solely in order to provide any assistance or services to advance the welfare of the child or YP, their family or whanau.
(c) any measure when dealing with a child or YP should be designed to strengthen the family or whanau of the child or YP and to foster the ability of the family or whanau to develop their own means of dealing with the child or YP.
(d) child or YP should be kept in the community where practicable to do so.
(e) age is a mitigating factor when determining whether to impose sanctions and the nature of the sanctions.
(f) any sanctions imposed should take the form mostly likely to promote the development of the child or YP and take the least restrictive for that is appropriate circumstances.

Question 8

Section 214 OT Act 1989 - When can you arrest a child or YP?

Answer 8

(1) Arrest only if satisfied on reasonable grounds:

• ensure appearance in court
• prevent further offending
• prevent the loss or destruction of evidence
• prevent interference with a witness
  (WEEP)

Where proceeding by way of summons would not achieve that purpose.

Nothing above prevents an arrest under RGTS a Cat 3 or 4 offence has been committed with 14+ imprisonment and public interest.

Question 9

Section 214A - When can a child or YP be arrested for breach of bail?

Answer 9

• C or YP has been released on bail AND
• constable believes on RG that:
• C or YP has breached a condition of that bail AND
• C or YP has on 2 or more previous occassions breached a condition of that bail (whether or not its the same condition)

Approval from YA Sgt or in absence Sgt or qualified YA officer

Question 10

Section 215, 215A, 216, 217 - When do you inform a child or YP of their rights?

Answer 10

215 - Before questioning a child or YP to whom there are reasonable grounds to suspect of having committed an offence.
- If grounds to arrest the child or YP for refusing to provide details and cannot be served with a summons

215A - When questioning a child or YP in relation to the child or YP’s involvement in any offence.

216 - When an officer decided to charge a child or YP

217 - When arresting a child or YP

Question 11

Section 218 OT Act 1989 - What manner should a child or YP rights be given?

Answer 11

In a manner and language that is appropriate to the age and level of understanding of the child or YP.

Question 12

Section 219 OT Act 1989 - When do you not have to re advise a child or YP of their rights?

Answer 12

Nothing in section 215, 215A oor 217 requires the rights to be re given if they were advised no earlier than 1 hour prior.

Question 13

Section 222 OT Act 1989 - Who can be a nominated person and when can you refuse a nominated person?

Answer 13

• parent of guardian or the child or YP
• an adult member of the child or YP’s family or whanau
• any other adult selected by the child or YP
• if the child or YP fails to nominate any adult (not being an enforcement officer) nominated by an enforcement officer
• when you believe that the nominated person is likely to or will pervert the course of justice OR they cannot be located and reasonable measures have been taken to locate them

Question 14

Section 236 OT Act 1989 - When may a YP who is arrested be detained in custody? - What is a joint certificate? - How long can a child or YP be detained in Police custody? - How long do you have to report a joint certificate?

Answer 14

When a S/Sgt or above is satisfied on reasonable grounds that the child or YP is likely to abscond or be violent and suitable detention facilities are not available to the chief executive.

The child or YP on the joint certificate in the prescribed form may be detained in Police custody for a period no longer than 24 hours until appearance before the court.

If a joint certificate is issued a report must be furnished to the Commissioner of Police within 5 working days.

Question 15

Important decisions from caselaw explain the following re: child and YP law? Police v D (detention under s28)

Answer 15

’ Police failed to consider child and YP rights. Taking him to a Police Station and placing him in a secure cell - likely to believe he was detained. ‘

Question 16

Section 233 OT Act 1989 - What does this relate to?

Answer 16

Breath Alcohol Provision

Nothing in section 214-232 limits the affect of section 68-72 of the LTA 1998

Question 17

Important decisions from case law - explain the following re child and YP laws? Pettus v R (s42 removal of CYP)

Answer 17

Constable actions were criticised, as section 42 is an emergency provision, consider the usage of section 39 warrant. It was not critically necessary to prevent danger / injury of the child or YP.

Question 18

Important decisions from case law - explain the following re child and YP law? Ella v R (Court of appeal section 215 + 223)

Answer 18

Admission was obtained regarding robbery, Police then left the room and overheard nominated person stated that he shouldn’t have said what he said. Rights were not given again when a new nominated person came into the room.

Question 19

Important decisions from case law - explain the following re child and YP law? Police v T (s214 and detention in Police custody)

Answer 19

Police should be careful not to hold child and YP’s in custody, and get them in front of the courts by the afternoon if a morning arrest. Regardless if the child or YP is on actives or subject to a supervision order.

Question 20

What were the important decisions regarding the following child and YP caw law? Police v T.M (arrest guidelines under s214 and s48)

Answer 20

If Police believe child and YP has committed an offence, only arrest if s214 would permit. s48 should NOT be used by Police for the sole purpose of taking a child or YP into custody who is suspected of committing a crime.

Question 21

Important decisions from case law - explain the following re child and YP law? - Explain what was held in relation to R v Kahu 1995 regarding s39? What grounds were the officer’s actions upheld?

Answer 21

Police and social worker entered under section 39 to a house, and were checking for food etc. and came across cannabis and subsequently arrested and charged the mother and took the child and YP into care.

Question 22

What are the 4 primary considerations described in section 4A(2) ?

Answer 22

(a) the well-being and best interests of the child or young person; and
(b) the public interest (which includes public safety); and
(c) the interests of any victim; and
(d) the accountability of the child or young person for their behaviour.