Oranga Tamariki Act 1989 Flashcards
What are the definitions for Child and Young person.
Child - under 14 years
Young person - over 14 years but under 18 years
What is the golden rule of to OT act 1989
Best interests and wellbeing of CYP are paramount
Section 42
Critically necessary to protect CYPS from injury or death. Without warrant -Enter -Search -Detain -Remove -Place Use force if required.
What are your obligations under section 42?
- Produce ID/uniform
- State act and section you are using
- Inform commissioner within 3 days.
Section 39
Place of safety warrant Need a warrant obtained by OT etc. CYP is likely to suffer abuse/neglect/deprivation. -Enter -Search -Detain -Remove -Place -Force
What are your obligations under section 39
- Produce ID/uniform
- State act and section you are using
- Inform commissioner within 3 days
Section 48
CYP unaccompanied by parent/guardian/caregiver where there physical/mental health is being or likely to be impaired.
With consent - Deliver them to their parents/caregiver
Without consent - Place with OT
Section 10B Summary offences Act 1981
Parent/caregiver leaves a child under 14 years without reasonable supervision or care for an unreasonable length of time or unreasonable circumstances.
What are your options when dealing with a CYP for a suspected offence
- ) Warn them
- ) Report them to YAS for further action
- ) Charge them (Section 214)
Explain section 214
Arresting a young person or child One of the following must be of concerns to arrest them. W - Witness (safety) E - Ensure appearance in court (details) E - Evidence CADD P - Prevent further offence.
Parents/caregivers have the right to be…
Informed.
What are the court’s 4 primary considerations when dealing with a CYP
- The best interest/ wellbeing of the CYP
- Public interest
- Victim interest
- Accountability of CYP
Under what age can no CYP be charged for any offence?
10 years
What are the offences that people under 14 years can be charged with?
10+ - Murder/Manslaughter
12-13 years - Offence 14+ years
12 - 13 years (with previous 14+ offence) - offences 10+
Rights must be given in a…
language/way they understand.
What are the exceptions to section 214?
- Offences 14 years+
- LTA 1998 blood/breath alcohol tests
When must a youth be advised of their rights?
- Before questioning
- When they ask
- Charged
- Arrested
Nominated person
Must be 20 years or over
Police can nominate of needed
Must be appropriate
Can’t be enforcement officer unless that officer is the parent.
When arresting a CYP for category 3&4 offences - what must the arrest be?
In public interest.
Section 214A
Police can arrest a youth on bail if... - Breached bail AND -Have done so on 2 or more occasions AND -Have obtained consent prior from YAS/Sgt
Section 221
No statement from a CYP is admissible unless….
- ) They have been cautioned
- )They are in the presence of a nominated person/Lawyer
- ) Consult with Lawyer or nominated person if they wish.
Section 223
Spontaneous statements
Section 209
Can warn if Police think it is appropriate
