Oranga Tamariki Flashcards
Section 39- Place of safety
1) Issued by District Court Judge or other issuing officer may issue a warrant, in the name of the chief executive, authorising a constable to search for a child
RGTS child or young person is suffering, or liekly to suffer, Ill-treatment, neglect, deprivation, abuseor harm
2) Warrant may be applied for by a Constable or chief executive..
3) Any person executing the warrant may
a) enter and search, by force if
b) RGTB abuse etc.. may:
i) remove or detain, by force if necessary, to the chief executive.
ii) if CYP is in hospital may instruct Medical super intendant to keep the child in hospital
Section 42- Search without warrant
1)
Any constable who believes that is is CRITICALLY necessary to protect a CYP from injury or death may:
a) Enter and search, by force if necessary
b) Remove or detain any CYP and place into the care of the Chief executive
2)
Every constable who exercises these powers, on first entering and if requested at any subsequent time must:
a) Produce ID
b) disclose powers being used
3)
Must advise the police commissioner via written report within 3 days.
Section 48- Unaccompanied child
1)
Unaccompanied CYP and the CYP ‘s physical or mental health is being or likely to be impaired, a Constable may, by force if necessary, take the CYP and:
a) with the consent of the CYP deliver them a parent, guardian or other person usually taking care of them
OR
b)
i) if the child does not want to be
returned to any of them them
ii) no parent or guardian willing or able to have custody of the CYP
Place the CYP with the chief executive or delegate appointed by them
2)
Placement of the CYP to custody of Chief Executive is sufficient authority for detention by the delegate or in residence UNTIL:
a) CYP agrees to return to parent, guardian or other person willing to have care of them
b) application is made to the court for care and protection of this act to determine if a child is custody pending the disposal of the application
c) where circumstances indicate care and protection, the expiry of 5 days after the CYP was placed in custody, or in any other case, 3 days after that date, which ever occurs first
3) in (1) and (2) young person means 14 to under 18.
Section 208- 7 Principles
1) Unless public interest, criminal proceedings should not be should not occur if there is an ALTEERNATIVE way to deal with the matter
2) Criminal proceedings should not occur solely to ADVANCE the welfare of the CYP, whanau or family
3) Any measure dealing with CYP should be designed to STRENGTHEN the family, whanau and develop their own way of dealing with the CYP’s offending
4) The CYP who commits and offence should be kept in the COMMUNITY where practicable and safe for the public to do so
5) Age is a mitigating factor when deciding to impose SANCTIONS and the nature of them
6) All sanctions imposed should take the LEAST restrictive form that is appropriate in the circumstances
7) Victims views should be considered
Section 214- Arrest
Officer shall not arrest unless:
1) a)
* Ensuring an appearance before court (Warrant)
* Preventing further offending
* Prevent loss of evidence or witness
b) if a summons would not achieve the propose
2)
Nothing prevents an officer arresting a CYP:
a) RGTS CYP has committed a category 4 offence or category 3 offence where the maximum penalty is available or includes imprisonment for life of at least 14 years
OR
b) RGTB arrest would be in the public interest
3)
give a written report to the commissioner within 3 days with the reason why they were arrested.
214A
Constable may arrest a CYP if:
a)CYP released on bail AND
b) RGTB the CYP
i)has breached bail and
ii) CYP has 2 or more bail breaches
Authority to arrest for BOB should always be obtained by a youth aid sergeant, supervising sergeant or above or a qualified youth aid officer.
Section 215- Rights before questioning
Before QUESTIONING a CYP when having RGTS have committed an offence or before questioning intended on obtaining an admission to an offence
*Must advised they may be arrested if they do not give their name and address
* Must be advised they do not need to accompany
* Must give a full youth BOR and confirm they understood in a language they understand
If an officer forms a view there is RGTS the CYP has committed the offence the officer give rights of the relevant section before questioning
Section 216- Explain rights
Explain youth bill of rights when
*questioning
*officer decides to charge
Section 218- Manner of BOR given
explain youth BOR in a language that is appropriate to the age and the level of understanding
Section 221- Admissibility of statements
No statement, written or oral, is admissible unless:
- Youth BOR has been given correctly AND
- CYP wishes to consult a barrister/ solicitor or nominated person before making the statement
- the CYP gives a statement in the presence of a barrister/solicitor or nominated person
Section 222- Who may be nominated for 221
Nominated person:
*A parent or guardian of the CYP
* Adult member of family, whanau or family group
* Any other adult selected by the CYP
* If CYP refuses then any adult (not enforcement officer)
May refuse nominated person to consult CYP:
* If permitted to consult they may attempt to pervert the course of justice
* if the cannot be located with reasonable diligence
It is the duty of the nominated person:
* take reasonable steps to ensure the CYP understands the matters explained to the CYP
* Support CYP during questioning and if they agree to give a statement
Section 223-Sponatneous admission
Nothing in 221 applies to an oral statement given spontaneously
Section 229- Parents or guardians advised
When a CYP is arrested and is returned to the station for questioning or after being arrested:
*Inform the person nominated by the CYP may visit the CYP
*Inform parents or guardians that the CYP has been arrested
*Every person who is informed may visit the CYP
*May have the matters in 215 to them in a language they understand
*entitled to consult with the child
Does not have to consult with them privately
Section 233- EBA and LTA
Section 214 to 232 do not apply for sections 68 to 72 of LTA act 1998
Section 234 - Custody of CYP following arrest
Where a CYP is arrested with or without warrant an officer shall:
- Release the child
OR - Release the child on bail under 21 of the bail act
OR - Deliver the CYP to the custody of:
- Any parent or guardian taking care of them
OR - With agreement from the CYP, any Iwi Social Services or cultural Services
OR
-With agreement from the child and other person or organisation approved by the chief executive or constable
- Any parent or guardian taking care of them
Section 235 - CYP arrested may be placed in custody of the chief executive
Notwithstanding 234 a if the constable believes WEEP will occur or further bail breaches a constable must:
*Place the CYP into the custody of the chief executive
AND
* Must do so as soon as practicable and no later than 24 hours
- CYP will be placed into custody by:
-Delivering the child to the chief exec - Presenting the CYPS details, details of the arrest and date and time for appearance in court
*Placement of the child shall be sufficient for detention
*No constable shall exercise this power for care care and protection
