Oranga Tamariki Act 1989 Flashcards
What is the care and protection age?
Of or over the age of 14 years but under the age of 18 years
Section 39 (1) - What is a place of safety warrant?
Any district court judge (or issuing officer) who is satisfied on reasonable grounds that a child or young person is suffering, or is likely to suffer ill-treatment, neglect, deprivation, abuse or harm may issue a warrant authorising any constable to search for the child or young person.
Section 39 (3) Oranga Tamariki Act- Allows police to
If RGTB that the child is suffering, or is likely to suffer ill-treatment, neglect, deprivation, abuse or harm.
With a 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 them in the custody of the chief executive or
Where the child is in hospital, direct the Medical Superintendent of that hospital to keep that child or young person in that hospital.
Section 42 OT- Search Without Warrant - explain what you can do?
Any constable who believes on reasonable grounds that it is critically necessary to protect a 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 them in the custody of the chief executive
Section 42 (2) - Explain what you must do when executing Section 42 of the Oranga Tamariki Act.
Before entering:
a) produce evidence of identity and
b) disclose the power being used to enter and search
within 3 days furnish a report to the commissioner of Police
Explain the ingredients of Section 48 - Unaccompanied Child or Young Person
Where a CYP is found unaccompanied by a parent or guardian in a situation which the CYP’s physical or mental health is being, or is likely to be impaired, a constable may, using such force as may be reasonably necessary, take the child or young person
a) with their consent, to a parent or guardian or other person who usually has care of CYP or
b) if the CYP doesn’t want to be returned or parent / guardian isn’t willing to have the CYP, place in the custody of the chief executive
What are the 7 Principles in Section 208 of the Oranga Tamariki Act ?
1) Unless in the public interest, criminal proceedings should not occur if there is an ALTERNATIVE means of dealing with the matter
2) Criminal proceedings should not occur solely in order to provide any assistance or services to ADVANCE the welfare of the CYP, their family or Whanau
3) All measures when dealing with a CYP should be designed to STRENGTHEN the family or Whanau of the CYP and to help them develop their own means of dealing with the CYP’S offending
4) CYP should be kept in the COMMUNITY where practicable and safe for the public to do so
5) age is a mitigating factor when determining whether to impose SANCTIONS and the nature of the sanctions
6) all sanctions imposed should take the LEAST restrictive form that is appropriate in the circumstances
7) VICTIMS views should be considered.
Section 214 - What grounds must exist before you can arrest a CYP?
Only arrest if you are satisfied on reasonable grounds that:
- proceeding by way of summons would not achieve that purpose
- ensure appearance in court
- prevent loss or destruction of evidence
- prevent further offending
- Nothing prevents arrest if RGTS Cat 3 or 4 offence holding 14 years imprisonment has been committed and arrest is in the public interest
Section 214A - when can a CYP be arrested for breach of bail?
- CYP breached a bail condition
- Has 2 or more previous breaches (whether or not its the same condition)
Who provides authority to arrest for breach of bail under section 214A
- Youth Aid Sergeant in the first instance
- Supervising Sergeant (or above)
- Qualified Youth Aid Officer
Sections 215, 215A, 216, 217
When do you inform a CYP of their rights?
215:
- Before questioning a CYP where RGTS offence has been committed or grounds to arrest if CYP refused to provide details and cannot be served with a summons.
215A:
- When questioning a CYP in relation to their involvement in any offence
216:
- When an officer decides to charge a CYP
217:
- When arresting a CYP
Section 218 - What manner should a CYP rights be given?
In a manner and language that is appropriate to the age and level of understanding of the CYP
Section 219 - When do you not have to re-advise a CYP of their rights?
Nothing in sections 215, 215A, 217 requires the rights be re-given if they were advised no earlier than 1 hour prior
Section 222
Who can be a nominated person and when can you refuse
- Parent or Guardian
- Adult member of family
- Other adult selected by CYP
If CYP fails to nominate, any other adult (excluding enforcement officer) nominated by enforcement officer
Refusal:
- Believe nominated person is likely to or will pervert the course of justice or
- cannot be located after reasonable measures taken to locate them
Section 236 - When may a Young Person who is arrested be detained in custody?
What is a ‘Joint Certificate’
How long can a CYP be detained in Police custody?
How long do you have to report a joint certificate?
- S/Sgt or above is satisfied on reasonable grounds that CYP is likely to abscond or be violent and suitable detention facilities are not available to the chief executive. Joint certificate is required.
Joint Certificate:
- Form signed by Police and OT in agreement of the above.
- CYP may be detained in police custody for a period exceeding 24 hours until appearance in Court.
- Must furnish report within 5 working days to commissioner of police after the joint certificate was issued.
