Oranga Tamariki Act 1989 Flashcards
Section 272(1) OTA 1989
Age of criminal responsibility
a) child 10+ if the offence is murder or manslaughter
b) child 12-13 if offence has a max penalty of at least 14 years
c) child 12-13 if already offended under a) or b) and offence has max penalty of 10-14 years
At what age can a person be arrested?
Any age
At what age can a person be convicted of an offence?
10 years old.
Section 21 crimes act 1961-no person under the age of 10 shall be convicted of an offence
Who deals with a young offender?
Youth Aid (YAS) > Family Group Conference (FGC) > Youth Court
Section 8
OTA 1989
Police officer is obliged to tell the parents of the young person if the officer takes any action that significantly affects the child.
- 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
- the officer’s actions and the reasons for them
- to any parent, guardian, or caregiver of the child/young person.
- The information can be given orally and, where practicable, should be in writing
Section 9
OTA 1989
People’s rights to receive information in a language they understand.
An interpreter may be necessary
Section 208
OTA 1989
Principles of youth justice.
Summarised as:
- criminal proceedings shouldn’t be institute against a child or YP if there are alternative means of dealing with the matter.
- ability of family, whanau, hapu iwi to develop their own means of dealing with offenders should be fostered.
- any sanctions on a child or YP offender should take the least restrictive form appropriate
- measures for dealing with offending by children or YP should have due regard to the interest of the victims of that offending
Section 4(f) OTA 1989
Where children or YP commit offences:
i) they’re held accountable and encouraged to accept responsibility for their behaviour
ii) they’re dealt with in a way that acknowledges their needs
Section 209
OTA 1989
Consider a warning when deciding on whether to charge a child or YP with an offence.
Unless a warning is inappropriate due to severity or previous offending
Section 215
OTA 1989
An officer must inform child or YP of their rights when:
- there are reasonable grounds to suspect the C or YP has committed an offence
- before asking the C/YP questions intended to obtain an admission
- when, during questioning, the officer forms reasonable grounds to suspect the C/YP has committed an offence
Section 216
OTA 1989
An officer must inform the C/YP of their rights when, during questioning, they decide to charge the C/YP
Section 217
OTA 1989
An officer has to inform a C/YP of their rights when arresting th C/YP
Section 219
OTA 1989
An officer does not need to explain the rights to the C/YP if the same explanation has been give in the last hour
Section 118
OTA 1989
C/YP have rights and information explained to them in a manner and language that is appropriate to their age and level of understanding
Section 215A
OTA 1989
When a C/YP being questioned in relation to their involvement in an offence, makes any inquiry relating to the explanation of rights , the officer must explain those matters as appropriate to the inquiry
Section 229
OTA 1989
Notification of parents, guardians, or caregivers when a C/YP is arrested or questioned
Section 214
OTA 1989
Power to arrest without warrant a C/YP.
No arrest of C/YP unless the officer is satisfied on reasonable grounds that it is necessary to arrest to:
- ensure the C/YP’s appearance in court
- prevent further offending
- prevent loss/destruction of evidence
- prevent interference with witness
Section 214A
OTA 1989
A constable may arrest a C/YP without warrant if:
a) the C/YP has been released on bail; and
b) the constable believes on reasonable grounds that:
- the C/YP has breached a condition of that bail; and
- the C/YP has on 2 or more previous occasions reached a condition of that bail
Section 213
OTA 1989
Where a C/YP is prosecuted, only the defence may disclose that the C/YP has been warned or cautioned in the past.
The prosecution may not admit any evidence relating to any offence for which the C/YP has been warned or cautioned.
Sections 221-226
OTA 1989
Statements are inadmissible as evidence unless:
- an officer has explained the C/YP’s rights to them, AND
- the C/YP has had an opportunity to consult with a lawyer and a nominated person in private AND
- the statement is taken in the presence of an adult who is not a Police member
Section 222(2) OTA 1989
Police can object to the nominated person.
- If the nominated person would pervert the course of justice
- if the nominated person can’t, with reasonable diligence, be located.
- if the nominated person wouldn’t be available within a period of time that is reasonable in the circumstances
Section 233
OTA 1989
Can still breath test a C/YP
Section 244
OTA 1989
Section 214 doesn’t affect the immigration act unless the C/YP provides false/misleading information.
Section 322
OTA 1989
If the time between the offence and the hearing has been unnecessarily drawn out (3 months), the youth court judge may dismiss the charge
Section 42
OTA 1989
Any constable who believes on reasonable grounds that it’s critically necessary to protect a C/YP from injury or death, may without warrant enter and search a dwelling, building etc IOT remove or detain the C/YP and place them under the custody of OT.
Section 48
OTA 1989
Where a C/YP is found unaccompanied by a parent, guardian, caregiver and in a situation that their mental or physical health is being or likely to be impaired, a constable may take the C/YP and deliver them to a parent/guardian/caregiver if they want. or OT otherwise
Section 39
OTA 1989
Any person authorised by warrant may enter and search any dwelling, building etc if they believe on reasonable grounds that the CYP has or will suffer ill treatment/neglect/abuse and place the CYP in the custody of OT.
Section 10B
Summary Offences Act 1981
Offence to leave children without reasonable provisions being made for their supervision and care.
