Oranga Tamariki Act 1989 Flashcards

Question

What must you tell the nominated adult/ parent etc

Answer 1

Entitled to visit CYP 215 Entitled to consult privately with the CYP during the visit (if safe for both)

Answer 2

Release CYP Release CYP on bail Or deliver CYP into custody of - parent guardian or other person having care of CYP - with agreement of CYP into iwi social service or cultural social service - with CYP agreement any other persons r organisation approved by OT chief executive or constable.

Answer 3

In custody of chief executive no later than 24 hours after arrest.

Answer 4

-delivering the CYP to the cheif executive (delegate) - present them with the form detailing the CYP ID, circumstances of the arrest, date and time of court.

Answer 5

When an officer at rank of inspector or above is satisfied on reasonable grounds that the CYP is likely to abscond or be violent, And there are suitable facilities for safe detention in custody that is not available to the chief executive On the joint certificate be detained no longer than 24 hours until court appearance.

Answer 6

Within 5 days provide to commissioner a copy of the joint certificate A written report stating circumstances of how the certificate came to be issued and the duration of the period the CYP is likely to be detained in police custody

Answer 7

Social worker had a section 39 place of safety warrant, police had a search warrant for MODA but did not use it. During a search of cupboards to check food situation a plate of cannabis was found. Suspect was told to ‘come clean’ and more cannabis was found in bedroom. Offender appealed saying finding cannabis in bedroom was a. Beach of BOR. Conviction held - search was not unreasonable on section 39 warrant, holder of the warrant is entitled to check the risk of the child and if child should be removed by looking in cupboards.

Answer 8

Police did 157 crimes act search warrant for meth and I’ll treatment neglect of children. Used section 42 without warrant emergency provision to detain/ remove children. should have obtained section 39 warrant from for child that is likely to suffer serious harm.

Answer 9

Police arrest a CYP drunk and unlawfully on property. He provides his name address at scene. Other officers transport back to station and place in cells. He gets agitated and assaults police. Charge was defended on grounds police acted unlawfully. Court found police acted lawfully in taking CYP back to station as an intermediate step to return to grand mother. Police failed to consider interest of youth and went beyond their lawful authority by taking him to cell block when he was co operative at time - cell block only lawful if reasonable force became necessary. Police failed to ascertain where the youth wanted to go - home or social worker. No evidence to show he was told why he was being detained and likely he thought he was under arrest. Police also relied on particular interest in the youth as he was on a ‘List’. Police suggested it was necessary to do further enquiries but this was deemed as blurring the purpose of the youth presence at the station. It was wrong to detain youth beyond the purposes of section 48. Could have arrested 214 and released without charge… 234(a)

Answer 10

TM was a known burglar found in whangarei town early hours of morning - required to return to station under section 48. He was interviewed about the burglaries. 3 weeks later gave a signed statement about the burglaries and was arrested and charged. Police withdrew the charges acknowledging problems with police case. T-M counsel sought s costs and won. Should not have arrested under 48 when suspected of committing crime And only arrest if meets 214 criteria

Answer 11

T was caught shoplifting and officer chased and arrested him. He was also currently under a supervision order for 17 other charges. Police decided to keep him in custody obverse night ending up to be just over 24 hours before he appeared in court. Held in custody was in breach of 214. Arrest was justified by fact he was trying to escape but having the other charges was not sufficient to keep in custody, not bail and not do FGC etc. The new offence did not automatically mean he was going to continue to offend. Failing to bring to court in timely manner was breach of BOR. if arrested in morning ought to be dealt with that afternoon. Police should be careful not to keep young people in custody unnecessarily. This was a serious breach of the law.

Answer 12

E and T were were charged with aggravated robbery. Police went to speak to T as a witness at home with mum. T became nervous and upset and Before giving the required warning T stated he may have been involved in the Robbery. At station after the meeting the 215 warning Ultimately T admitted being present but not involved in the stabbing, and stating E was present. E was interviewed meeting 215 initially. T ‘s statement was read to E and he admitted being present but then said he wasn’t there, during a recorded break mum was heard to be telling E to say he was not present so a decision was made for a new nominated adult. 215 warning was not issued again when should have been with new nominated adult - an Aunty. Court ruled that T’s admissions at home not admissible but admission at station were. Court ruled that E’s statements with his mum were admissible but the onceswith Aunty were not. Held - T’s later admissions may have been unfair given that the first was elicited without the 215 warning.

Answer 13

K suspected of homicide. K agrees to come with police to station with his father as his nominated adult. 215 mostly complied with apart from being told not obliged to accompany and in absence of arrest could leave station at anytime. Father deemed not suitable as he is an alibi witness for K. Father suggested his adult daughter as nominated person but police wrongly decided to get independent person in. K made video statement and did reconstruction admitting the offence. Defence objected to video statement and reconstruction. Court held that there had been a breach due to K not being advised he was not obliged to accompany and could leave station at any time. A major breach was also identified in that K was not allowed to nominate another person after his father was deemed unsuitable. However court deemed videos to be admissible because there had been reasonable compliance with 215 and 222. Court of appeal overturned this decision saying police dispensed with a procedure that was central to the statutory scheme - putting police outside the scope of ‘reasonable compliance’. Police cannot decide the suitability of a nominated person outside the parameters of the legislation.

Answer 14

S was visited by police who were wanting to resolve some offences, he was explained 215 and also told that he did not intend charging him with the matters. They went for a drive to point out the offences and locations. During the drive S admitted to 2 Aggravated robberies. Officer explained the robberies were not what he had in mind when assuring him he would not be charged. He explained he wanted to discuss further but because more serious he said anything he said from that point may result in charges. A video interview took place with nominated person and S made confessions to the aggravated robberies. He was charged. The admissibility of his admissions were challenged and judge ruled against them. S appealed to high court. Two issues were - given the officers assurances - were the admissions considered spontaneous (admissible) - if not spontaneous was any evidence gathered on the drive tainted or inadmissible. Court held that the offer of immunity clearly influenced his decision to admit to the aggravated robberies A they were not spontaneous.therefore did not provide an exemption for admissions to be made without a solicitor or nominated person. On the second issue because the admission on video interview was because of the continued interview and subsequent admission on video - that evidence was also excluded. Police wishing to resolve matters by indicating an intention not to charge should be very specific about the boundaries of that offer.