Oranga Tamariki Flashcards
Definition of CYP in need of care and protection.
The child or CYP is likely to be:
- Harmed (sexually, emotionally, physically)
- Ill treated
- Abused or seriously deprived
There a re serious differences between the CYP and the adult so the physical, mental or emotional wellbeing is being seriously impaired.
The adult is unwilling to care for the CYP
The Child aged 10-14 is offending to the extent where there is serious concern for their well being.
Section 42
Any constable who believes on reasonable grounds that it is CRITICALLY NECESSARY to protect a CYP from injury or death may without warrant enter the premises or place and remove or detain the CYP and place them in the custody of Oranga Tamariki.
Section 48
If a constable finds a CYP unaccompanied by a parent or guardian or another person who normally looks after them. In a situation that their physical or mental health is likely to be impaired or is being impaired, the constable can remove them (using reasonable force) the CYP with THEIR CONSENT to the parent or caregiver or Another person. If NO CONSENT is given or the parent or caregiver or another person is unwilling to take them, place the CYP in the custody of Oranga Tamariki
Section 39
Allows any person authorised by warrant to ENTER and SEARCH any dwelling-house, building, aircraft, ship, carriage, vehicle, premises or place if they believe on reasonable grounds that the CYP HAS SUFFERED, OR IS LIKELY TO SUFFER ill treatment, serious neglects, abuse, serious harm or serious deprivation to REMOVE OR DETAIN the CYP and place them in the custody of Oranga Tamariki
Summary Offences Act 1981,
Section 10B
The offence where children are left without reasonable provisions being made for their supervision or care.
Section 8
This section deals with police responsibilities to parents when dealing with child or young person matters.
If a police officer takes any action or
Makes any decision
That significantly affects that
child or young person
The officer shall inform as soon
as practicable of
The officer’s actions and the
reasons for them
Section 9
Details peoples rights to receive information in a language they understand. An interpreter may be necessary.
Sections 215,215A,216, 217, 219
when a CYP must be informed of their rights (explained in a manner appropriate to their age and level of understanding) before being questioned by an enforcement officer.
Section 214
NO ARREST OF CHILDREN OR YOUNG PERSONS.
UNLESS the officer is satisfied on reasonable grounds that it is necessary to arrest to:
-ensure the child or young person’s appearance in court
-prevent further offences
-prevent loss/destruction of evidence
-prevent interference with witnesses
Sections 221 to 226
The admissibility in court of statements made by a child or young person.
No statement made by a child or young person is admissible unless:
- Rights / caution explained, AND
- Child or young person allowed to consult with solicitor and/or nominated person if they wish to, AND
- Statement made in presence of one of the following (lawyer and /or person nominated by child or young person
Section 229
Whenever you arrest a child or young person or take them back to the station for questioning, you must notify the parents and other persons nominated by the child or young person.
Police must inform as soon as practicable
• A person nominated by the child or young person and a parent or guardian
• that the child or young person is at the police station; and
• that the nominated person/parent/guardian may visit them
The nominated person/parent/guardian is entitled to:
• visit the child or young person at the police station
• have the child or young person’s rights explained to them (as soon as practicable after
arrival at the police station and in language they can understand)
• consult privately with the child or young person
Section 226 + 230
No evidence or any consultation between a child or young person and a parent, guardian or other person is admissible on behalf of the prosecution in any proceedings
Ages of:
Child,
Young person
0-14
14-17
Section 4(f)
Section 4(f) of OTA directs that, where children or young persons commit offences:
i) they are held accountable, and encouraged to accept responsibility for their behaviour; and
ii) they are DEALT WITH IN A WAY THAT ACKNOWLEDGES THEIR NEEDS and that will give them the opportunity to develop in responsible, beneficial and socially acceptable ways.
Section 218
Section 218 of the Act requires that children and young persons have certain
rights and information explained to them in a manner and in a language that is
appropriate to their age and level of understanding.
Sections 215,215A,216, 217, 219
Section 215
- When there are reasonable grounds to suspect the child or young person has committed an offence, (Section 215).
- Before asking the child or young person questions intended to obtain an admission of an offence, (Section 215).
- When, during questioning, the officer forms reasonable grounds to suspect the child or young person has committed an offence, (Section 215).
Sections 215,215A,216, 217, 219
Section 216
When, during questioning, the officer has decided to charge the child or young person, (Section 216).
Sections 215,215A,216, 217, 219
Section 217
On arresting the child or young person, (Section 217).
Sections 215,215A,216, 217, 219
Section 219
No explanation need be given if the same explanation has been given in the last hour, (Section 219).
Sections 215,215A,216, 217, 219
Section 215A
Where a child or young person being questioned in relation to their involvement in any offence, makes any inquiry relating to the explanation of rights. The police officer must explain any of those matters as may be
appropriate to the inquiry, (Section 215A).
Section 272(1)
(a) Child 10 years +
where the child is of or over the age of 10 years,
and the offence is murder or manslaughter:
(b)Child 12-13 years where the child is aged 12 or 13 years, and the offence is one (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14
years:
(c) Child 12 – 13 years,
previous offence
where the child is aged 12 or 13 years and is a
previous offender under 1A or 1B [of the Act], and
the offence is one (other than murder or
manslaughter) for which the maximum penalty
available is or includes imprisonment for at least 10
years but less than 14 years
Nominated person by CYP include.
Section 222
Section 222 sets out who is suitable as a ‘nominated person’. These include:
• A parent or guardian of the child or young person;
• An adult member of the family, whänau, or family group of the child or
young person; or
• Any other adult selected by the child or young person
Section 6
The welfare and interests of the child or young person shall be the first and paramount consideration.
Section 209
When to give a warning to a cyp and when not to.
Crimes Act 1961, Section 22
No person of the age of 10 but under 14, shall be convicted of any offence unless they knew the act or omission was wrong or that it was contrary to law
Formal police
cautions
The police may administer a formal caution to a child or young person where an offence has been admitted or proven and an FGC recommends that a police caution be given.
Where practicable, the caution shall be given at a police station, by somebody above the rank of sergeant, in the presence of a parent, guardian or other person having the care of the child or young person.
