Oranga Tamariki Act 1989 Youth Justice Flashcards
When dealing with a CYP for a suspected offence
you may:
(a)Warn CYP and report the matter to YAS
(b)Investigate and report to YAS for their action
(c)Arrest them (if Section 214 criteria met)
(a)警告CYP并向YAS报告此事
(b)进行调查并向YAS报告其行动
(c)逮捕他们(如果符合第214条的标准)
OTA1989, Section 4A(2) Primary Considerations.
The four primary Youth Justice considerations are:
(a)the well-being and best interests of the CYP; and
(b)the public interest (and public safety) and
(c)the interests of any victim; and
(d)the accountability of the CYP for their behaviour
(a) CYP的福祉和最大利益;和
(b)公众利益(及公共安全)及
(c)任何受害人的利益;和
(d)CYP对其行为的责任
Arrest versus Criminal Responsibility
逮捕和刑事责任
《Arrest》
It is about controlling an offender. If you need
to control them, you can arrest a CYP of any age, so
long as:
1. You have sufficient evidence to make the arrest,
2. The arrest falls within the criteria of Section 214
of the Act.
Arrest versus Criminal Responsibility
逮捕和刑事责任
<Criminal>
</Criminal>
Deals with whether or not a
Court has jurisdiction to hear a charge against the
CYP.
(Criminal Responsibility)
Criminal Proceedings may be commenced
刑事诉讼可以开始
Child under 10
NIL
(Criminal Responsibility)
Criminal Proceedings may be commenced
刑事诉讼可以开始
Child 10 years +
Murder or Manslaughter 过失杀人
(Criminal Responsibility)
Criminal Proceedings may be commenced
刑事诉讼可以开始
Child 12-13 years
An offence (other than above)
for which the max. The penalty is 14 + years
(Criminal Responsibility)
Criminal Proceedings may be commenced
刑事诉讼可以开始
Child 12-13 years (Previous Offence)
Previously dealt with for offence
above, and now commits offence
10 + years
The offender appears in District Court
The age of the offender at the time of the offence was
14- 17.
The offender’s age at the time of filing the charge is 19 onwards.
The offender appears in Youth Court
The age of the offender at the time of the offence was
14- 17.
The age of the offender at the time of filing of the charge is 14-17/18.
OTA1989, Section 8.
- Parents/guardians/caregivers have the right to be
informed of anything under the OT Act that
significantly affects their child/young person. - 父母/监护人/看护人有权被告知任何根据《OT法》对他们的孩子/青少年有重大影响的事情。
- Could cover “any action” we take depends on the
circumstances. - 可以涵盖我们根据具体情况采取的“任何行动”。
- You have to inform the parents/guardians.
3.你必须通知父母/监护人。 - Have to tell the parents/guardians what happened.
- 必须告诉父母/监护人发生了什么事。
- Tell them orally but preferably in writing.
- 口头告诉他们，但最好是书面形式。
OTA1989, Section 215.
The following table outlines when a CYP must be advised of their rights.
- Before questioning
Reasonable grounds to suspect committed
an offence or before questioning to obtain. - an admission
When CYP asks Whenever a CYP asks about their rights. - Decide to charge
When you decide you have sufficient to charge CYP. - Upon Arrest
At the time of arrest the offender - 审问之前
有合理理由怀疑犯了罪行或在讯问获取前 - 承认
每当CYP询问他们的权利时
3.决定指控
当你决定你有足够的理由去指控CYP - 在逮捕
在逮捕罪犯的时候
OTA1989, Section 209 states:
Police can warn offenders if they believe this course
of action is sufficient.
To recommend this to YAS and they sort it.
If not appropriate owing to nature of offence the
matter can be reported to YAS for a decision on
action to take.
YAS complete the warning and updated NIA.
Exceptions to OTA1989, Section 214
If offence carries a maximum penalty of life
imprisonment of at least 14 years imprisonment
and it is in the public interest
Breath/blood provisions of Land Transport Act
1998
Reporting
Must report arrest to Commissioner within three days
OTA1989, Section 214A
Arrest for Breach of Bail
A constable may arrest a child or young person
without a warrant if
(a) the child or young person is currently on bail; and
(b) the constable believes, on reasonable grounds,
i)they have <breached> of that bail; and
ii)they have on <2 or more previous occasions
breached> any condition of that bail.</breached>
Note: Prior to arrest obtain approval from YAS / Sgt.
注:逮捕前须获得教官/警长批准。
