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RNZPC > Oranga Tamariki Act 1989 > Flashcards

Oranga Tamariki Act 1989 Flashcards

1
Q 
Section 272(1)
OTA 1989
A

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

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2
Q

At what age can a person be arrested?

A

Any age

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3
Q

At what age can a person be convicted of an offence?

A

10 years old.

Section 21 crimes act 1961-no person under the age of 10 shall be convicted of an offence

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4
Q

Who deals with a young offender?

A

Youth Aid (YAS) > Family Group Conference (FGC) > Youth Court

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5
Q

Section 8

OTA 1989

A

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
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6
Q

Section 9

OTA 1989

A

People’s rights to receive information in a language they understand.
An interpreter may be necessary

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7
Q

Section 208

OTA 1989

A

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
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8
Q 
Section 4(f)
OTA 1989
A

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

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9
Q

Section 209

OTA 1989

A

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

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10
Q

Section 215

OTA 1989

A

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
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11
Q

Section 216

OTA 1989

A

An officer must inform the C/YP of their rights when, during questioning, they decide to charge the C/YP

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12
Q

Section 217

OTA 1989

A

An officer has to inform a C/YP of their rights when arresting th C/YP

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13
Q

Section 219

OTA 1989

A

An officer does not need to explain the rights to the C/YP if the same explanation has been give in the last hour

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14
Q

Section 118

OTA 1989

A

C/YP have rights and information explained to them in a manner and language that is appropriate to their age and level of understanding

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15
Q

Section 215A

OTA 1989

A

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

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16
Q

Section 229

OTA 1989

A

Notification of parents, guardians, or caregivers when a C/YP is arrested or questioned

17
Q

Section 214

OTA 1989

A

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
18
Q

Section 214A

OTA 1989

A

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

19
Q

Section 213

OTA 1989

A

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.

20
Q

Sections 221-226

OTA 1989

A

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
21
Q 
Section 222(2)
OTA 1989
A

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
22
Q

Section 233

OTA 1989

A

Can still breath test a C/YP

23
Q

Section 244

OTA 1989

A

Section 214 doesn’t affect the immigration act unless the C/YP provides false/misleading information.

24
Q

Section 322

OTA 1989

A

If the time between the offence and the hearing has been unnecessarily drawn out (3 months), the youth court judge may dismiss the charge

25
Q

Section 42

OTA 1989

A

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.

26
Q

Section 48

OTA 1989

A

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

27
Q

Section 39

OTA 1989

A

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.

28
Q

Section 10B

Summary Offences Act 1981

A

Offence to leave children without reasonable provisions being made for their supervision and care.

RNZPC (19 decks)

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