Oranga Tamariki Act 1989 Flashcards
Define child and young person
Child - 0-14 years
Young person - older than 14 but younger than 18
Identify the paramount principles of the OT Act
The well-being and best interests of the CYP are the first & paramount consideration.
S5 & S13
Identify the police powers in S42 (OT ACT)
Power to search or enter a property without a warrant if critically necessary for the safety of a CYP - remove or detain, give rights & place in custody of OT
Identify the powers in S48 of OT ACT
If a CYP is found unaccompanied in a public place and in a situation that may effect their mental or physical well-being, able to take them and deliver back home with consent. If they aren’t consenting to go back home or home doesn’t want them place in the custody of OT
Who is the team police work with to investigate alleged child abuse?
Serious abuse team (SAT)
What are the 4 sections that give police powers to remove a CYP
S39, S40, S42, S48
What does S39 of the act relate to? (OT ACT)
Any person authorised by warrant to search for any CYP may enter & search any property. If they believe on reasonable grounds that the CYP has suffered or likely to suffer, remove or detain and place in the custody of OT
What is involved in S10B of the summary & offences act?
Deals with leaving a child without reasonable supervision & care.
Who is YAS
Youth aid services
When should the commissioner being informed of the used power?
Within 3 days
What is the criminal liability of a CYP under 10 years?
Can’t be criminally liable
What is the criminal liability of a CYP 10+ years?
Murder/manslaughter
What is the criminal liability of a CYP 12-13 years?
Murder/manslaughter - min 14 years or life imprisonment
And/or
Previous offender murder/manslaughter - min 10 years up to 14 years imprisonment.
What are the necessary requirements when giving a CYP their rights?
(S218) every explanation of rights given to a CYP must be given in a manner and in a language that is appropriate to their age and level of understanding.
When do you explain the rights to a CYP?
Before questioning. When a CYP asks. When you have decided to charge. When you have arrested a CYP. A statement will not be admissible unless right are given.
How old must a nominated person must be in order to attend and be present during a CYP interview?
At least 20 years of age
Outline S214A (OT ACT) and what it means to arrest a CYP?
214A allows a constable to arrest a CYP without warrant if the CYP has been released on bail, and believes on reasonable grounds that the CYP is breaching bail or has on 2 or more previous occasions breached a condition of that bail.
What is a spontaneous statement?
A statement made before police have a chance to comply with the requirements of the act
When is a CYP statement admissible?
Rights/cautions explained & CYP is allowed to consult with a lawyer or nominated person or both and a statement is made in the presence of either a lawyer or nominated person.
What are the requirements for a nominated person?
It is a parent/guardian of the CYP.
An adult member of the family, family group of the CYP.
Any other adult selected by the CYP.
When can a police officer object then nominated person?
If the nominated person is a co-offender.
If they can’t be located.
If they would not be available within a period of time that is reasonable in the circumstances.
What happens if the CYP refuses to nominated a person?
An enforcement officer may nominate an adult as long as it is not an enforcement officer.
What are the 4 primary considerations when CYP as committed an offence?
- Well-being and best interest.
- Public interest & safety.
- Interest of any victim.
- The accountability of the CYP for their behaviour.
