Oranga Tamariki Act 1989 - Youth Justice Flashcards
What are the primary considerations of the OTA when CYP commit offences?
- WELL-BEING and BEST INTERESTS
- PUBLIC INTERESTS (public safety)
- VICTIMS INTERESTS
- ACCOUNTABILITY of the CYP for their BEHAVIOUR.
When must the Commissioner of Police be informed of a CYP arrest?
3 DAYS. Police policy is 24 hours.
What are the necessary requirements when giving a CYP their rights?
Be spoken in a manner and language APPROPRIATE to their AGE and UNDERSTANDING.
ASK the CYP to explain what each line means back to you.
What is Section 214 of the OTA1989?
No arrest of a CYP without warrant unless - (WEEP)
- ensure their appearance at court
- prevent further offences
- prevent loss/destruction of evidence
- prevent interference with witnesses
AND PROCEEDING by a way of SUMMONS would NOT ACHIEVE that purpose.
- category 4 offences and category 3 offences with a max penalty of 14 years, and arrest required in public interest.
- carry out breath/blood alcohol procedures
What are the exceptions to S214 OTA1989?
- CATEGORY 3-4 offence
- the arrest is required in the PUBLIC INTEREST
- S233 Land Transport Act 1998 for breath/blood alcohol.
What is S214A of the OTA1989?
Arrest of CYP in breach of bail conditions.
Only arrest if…
a) the child is RELEASED on BAIL; and
b) the constable believes, on reasonable grounds; and
- the CYP has BREACHED a condition of bail; and
- the CYP has on 2 OR MORE OCCASIONS BREACHED a condition of that bail
Police should only arrest the CYP
- if they have intentions of providing the court with information or recommendations to enable it to direct a more effective bail management plans
- must have approval from a Youth Aid Sergeant, or in their absence, your own Sergeant or a qualified YAOfficer
What are the requirements when taking a statement from a CYP?
- Rights/Caution must be explained.
- Allowed to consult with a lawyer or nominated person or both.
- Statement taken in the presence of either a lawyer or nominated person.
When is a spontaneous statement admissible?
An oral statement made spontaneously by a CYP before Police have had reasonable opportunity to comply with the Act.
What are the requirements of a nominated person?
- Parent or Guardian of the CYP
- An adult member or the family (adult is 20 years or older)
- Any other adult selected by the CYP
What happens when a CYP refuses or fails to nominate a person?
An enforcement officer may nominate any adult as long as they are not an enforcement officer.
When can Police refuse a nominated person?
- they are likely to, or would attempt to PERVERT the course of JUSTICE
- if the nominated person cannot be LOCATED
- if they are not AVAILABLE within a period of time that is reasonable to the circumstances
What are the ages of CYP criminally responsible?
- No person under the age of 10 can be convicted of an offence.
- No person 10-11 can be convicted of an offence unless murder/manslaughter with a guilty mind.
- Child 12-13 previously dealt with for offence 14+ years, now commits offence 10+ years.
- A person between 14-17 is criminally responsible for their actions, tried in Youth Court.
- A person aged 18 is treated as an adult with no special CYP protection.
What is Section 8? OTA1989
Acknowledges that parents/guardians/caregivers have the right to be informed of any action or decision that significantly affects their CYP.
Includes arrest, spoken as a suspect etc
What is S9? OTA1989
States people’s right to receive information in a language they understand.
An interpreter may be necessary.
What is the difference between arrest a CYP and criminal responsibility CYP?
Arrest is about controlling an offender if
- you have sufficient evidence to make an arrest
- the arrest falls within the criteria of S214.
Criminal Responsibility
- deals with whether or not the Court has jurisdiction to hear a case.
