Oranga Tamariki Act 1989 Flashcards
The golden rule
Well being and best interest of the child is paramount
Ages of child?
Child:0-14
Young person: 14-17
Adult: 18+
Criminal liability s272
Under 10: cannot be criminally liable 10+: muder/manslaughter 12-13:previous offence= murder/manslaughter min 10 years and upto 14 14-17: fully liable 18+: adult
Section 8
Inform parent of any decisions made
Section 229
Inform parents of cyp when k9 us made
S39
Place of safety warrent (safety)
S40
Warrent to up lift child (remove)
S42
Child in poo. Emergency without warrent
S48
Cyp found unaccompanied
S215
Rights given before questioning
215a
Questions from cyp about their rights
216
Before being charged cyp must be given their rights
S217
On k9, cyp must be given their rights
When to notify commissioner?
When use of power to remove a child for care and protection. Must be within 3 days
214 arrest rules (at least 2 present)
Weep W=witness interference E= ensure cup held accountable-court E= prevent loss of evidence P= prevent further offences
Weep exceptions?
Public interest (cat 3 or 4 offence) Eba
Nominated person must be:
At least 20
Parent or guardian
Cant be cop unless it’s their parent
Cant interfere and has to be able to make it
When to give a youth their rights
- if arrested or detained
- before questioning to obtain admission
- when they ask about their rights
- When questioning as witness- suddenly realise he is offender
- when u decide to charge cyp