Oranga Tamariki Flashcards
Under s 48 what actions would you advise a constable to take with an unaccompanied CYP who doesn’t wish to be returned to parent or guardian?
- Nominate another person
- P or G cannot be found with or without CYPs consent deliever to Oranga Tamariki
- Detention under s 48 is suffcient reason for OT to take over care and protection.
What are the principles of OT Act pursuant to section 208
- Proceedings not imnplemented unless Public Interest
- Alternative Resoution sought
- Keep in community
- Age is a mitigating factor
- The family/iwi are strengthed and fostered to support CYP
- Victims views are considered
- CYP is vulnerable and is an additional consideration
- Criminal Proceedings are not purely for the Care and Protection of the CYP.
What grounds are required for the arrest without warrant of the CYP?
Must be satisfied on reasonable grounds arrest is necessary;
- Witness protection
- Prevent interference with exhibits
- Ensure appearence in court
- Prevent further offending
- Suspect cat 3 or 4 offence
- Public Interest
3 days to commissioner MUST…214 does not apply for EBA. 244 relates to immigration matters.
Who approves authority to arrest a CYP who has breached bail on 2 or more occasions?
A Youth Aid Sergeant must always be obtained from, or in their abscece a qualified Youth Aid officer or a supervising sergeant (or above) should be approached for authority to arrest.
Who else is able to legally take a CYP if they are unable to be delivered into care of OT, P or G following arrest pursuant to section 234?
CYP can nominate a social service, other parent/guardian or Iwi to be delivered to.
What grounds must a constable have for placing a CYP into the custody of the Chief Executive, Grainne MOSS pursuant to section 235?
Constable must have reasonable grounds that the CYP poses a risk of Interfering with witnesses FTA, continuing to offend, belief CYP has breached bail and likely to continue breaching bail, may deliver CYP into care within 24 hours.
What does section 236 relate to and what is the timeframe for reporting to the Police Commissioner and Chief Executive of OT?
If a CYP is arrest and it is decided that the CYP is likely to abscond or be violent and no facilities are availiable a joint cert may be issued between Snr and Senior Social Worker for continuing detention. A report MUST be submitted to Pol Comm and CE within 5 days.
Can the court refuse bail pursuant to section 238 because the court considers CYP is in need of CP?
No-this section must only be used to determine the release, bail and other orders. A CYP cannot be denied bail purely on CP grounds.
What were the findings in Police v D?
Delton was located in a public place intoxicated and in possession of alcohol. Police lawfully in taking him back to the station as an intermediatry measure. He provided details of where he could go and then became agitated when further questioned and assaulted police. Couort will take a dim view on s 48 as it has a lower threshold than s 214.
What were the judges decision when deciding whether to arrest a CYP, Police v T-M refers?
T was seen by police in Whangarei and a number of 4100’s were occurring in CBD. section 48 and interivewed on burglaries and charged. Judge Boshier advised that s 48 should not be used for the sole purpose of taking a CYP into custody for suspected offending. s214 must be met, section 208 principles apply and should not be brought against a CYP just to face the consequences. Consult a YA Sgt first and generally an FGC will take place.
What were the findings with Police v T?
T was unlawfully held in custidy for over 24 hours and not put before the court as soon as possible was a breach of the bill of rights. Although the initial arrest was lawful, A serious breach in relation to being held in custody and police should be careful regarding holding CYPS in cells unnecessarily.
What were the findings with Police v CG?
The CYP were only interviewed about assault and not the theft of the wallet. Justification for the arrest was not met, the CYP did not know the victims and evidence destruction not an issue. One CYP was breastfeeding at the time and no section 236-joint cert considered. CYP in custody for 36 hours before appearence in court. Section 208 alternative action not considered.
What are the stat requirements for section 238 and section 239 OT Act are police opposing bail when defendant is between 12-16 years old?
A YP cannot be released on a summons. Must seek immediate guidance from Youth Aid constble if you want to oppose bail of a defendant 12-16 years old.
The CE will take as soon as practicable FTA, commit further offences, prevent loss or interfere with witnesses, K9 under 214A and likely to continue to breach.
What are the provisions for holding CYP in Police custody?
None-YP may be detained in custody for a period exceeding 24 hours only when a senior SW and a S/Sgt are satisfied the CYP is likely to abscond or be violent and there are no facilities for the safe detention of CYP
What details must be written on S 673 form?
ID of CYP, Circumstances of detention and the court date, time and place.
