Oranga Tamariki Flashcards
Section 39
Place of Safety Warrant
Warrant issued by a District Court Judge or Issuing Officer if RGTS child or young person is suffering or likely to suffer ill-treatment, neglect, deprivation, abuse or harm authorising a constable to search for that child or young person.
Functions of executing warrant can be performed by social worker or other person authorised by the chief executive.
Search Powers of Section 39
- enter and search by force if necessary
- any dwelling, building, aircraft, ship, carriage, vehicle, premise or place
- believes of reasonable grounds child or young person suffering or likely to suffer ill-treatment, serious neglect, abuse, serious deprivation or serious harm
- remove or detain by force if necessary, the child or young person into the custody of the chief executive
- or if child or young person in hospital direct the medical superintendent to keep child or young person in hospital
Section 42
Search without warrant
Constable believes of reasonable grounds it is critically necessary to protect child or young person 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 young person and place in the custody of chief executive
Before entering Constable must produce evidence of ID and disclose power being executed. Must submit a report to Commissioner within 3 days of power being exercised.
Section 48
Child or young person found unaccompanied by a parent or guardian in a situation where the child or young persons physical or mental health is being or likely to be impaired:
Constable may, by force if necessary take the child or young person
- with child or young person’s consent deliver into custody of parent or guardian
- or if the child or young person doesn’t want to be returned to parent or guardian or the parent or guardian is not willing or able to have custody of child or young person, place them into the custody of the chief executive
Section 48 - Conditions of child or young person in the custody of chief executive
It is sufficient authority for the detention of the child or young person in a residence until:
- the child or young person agrees to be returned to a parent or guardian or who is willing to have care of the child or young person or
- an application is made to the Court for a care and protection order and bought before the Court to determine whether the child or young person is to be held in custody pending the application or
- Where child or young person is in need of care and protection stay is custody for 5 days or in any other case 3 days after.
Age of a young person
Over the age of 14 but under the age of 18
Section 208 principals
Court or person exercising powers under this section must weigh 4 primary considerations when deciding whether criminal proceedings should be instigated against a child or young person:
- public interest and alternative means
- to provide any assistance or services needed to advance the well being of the child or young person or family etc ..
- measures of dealing with offending should be designed to strengthen the family and foster the ability of families to develop own means of dealing with offending by children or young persons
- should be kept in the community so far it is practicable and ensures public safety
- age is a mitigating factor in determining whether or not to impose sanctions and nature of any such sanctions
- any sanction should take the form most likely to maintain and promote development of child within family and take the least restrictive form appropriate in the circumstances
- any measure of dealing with offending should address the causes underlying the offending
- consideration should be given to the interests and views of any victims
Section 214 - Power of arrest
Arrest without warrant if officer satisfied on reasonable grounds that is is necessary to arrest the child or young person for the purpose of:
- Ensure appearance in court
- Prevent further offending
- Prevent loss or destruction of evidence or prevent interference with witnesses
- cannot proceed by way of summons
When does section 214 not apply?
When you arrest child or young person without warrant where:
- RCTS cat 4 or 3 (min 14 years) has been committed and
- RGTB arrest is required in the public interest
Report to the Commissioner - when and who
When: Within 3 days of making the arrest
Who:
Constable and Traffic officer reports to Commissioner of Police.
Enforcement officer of Public Service reports to chief executive of that department.
Enforcement officer of local authority reports to chief executive of local authority.
Section 214A
Constable may arrest child or young person without warrant if:
- has been released on bail and
- Constable believes on reasonable grounds that the child or young person is in breach or recently breached a condition of that bail and
- Has on 2 or more previous occasions breached a condition of that bail
Law Note - Who’s authority is required to arrest a child or young person for breach of bail
- Youth Aid Sergeant in first instance or in their absence
- Supervising Sergeant
- Qualified Youth Aid Officer
Compliance for Section 214A
- Breaches before the 4th of September 2013 will not be counted.
- If Constable believes on reasonable grounds that they are likely to continue to breach any condition, must place the child or young person in the custody of the chief executive in accordance with Section 235.
When must you give a child or young person their rights?
Section 215:
RGTS committed an offence and before questioning them in relation to the offence with intent to obtain an admission.
If grounds to arrest the child or young person for refusing to provide details and cannot be served with summons.
Section 215A:
When question a child or young person about their involvement in an offence.
Section 216 :
When an officer decides to charge a child or young person.
Section 217:
When arresting a child or young person.
Section 218 - Manner and Language of Rights
Rights must be given to a child or young person in a manner and in a language that is appropriate to the age and level of understanding of the child or young person.
