Oranga Tamariki Act 1989, Youth Justice

Question 1

Provide explanation for “Releasing the CYP on bail”?

Answer 1

• A YP who has been charged may be released on bail under S. 21 of the Bail Act 2000.
• Bail conditions can be imposed by the Police, but these conditions should be discussed with, and agreed to, by the person into whose custody the CYP is released.
• This person and the CYP MUST sign the bail bond to confirm acceptance of the conditions.
• If you decide to release the CYP on bail, remember that they will have to appear at an initial court hearing within 7x days.
• In smaller centres, practice differs, but may mean a special Youth Court sitting.

NOTE: A YP CANNOT BE RELEASED ON A SUMMONS (S. 245)

Question 2

Provide explanation for “Selecting suitable bail conditions”?

Answer 2

• Bail conditions MUST have a CLEAR and REASONABLE link to the CYP’s current charges and criminal and bail histories.
• Selecting appropriate conditions in the first instance will reduce unnecessary arrests for breaches of conditions later.

Question 3

Provide explanation for “Opposition to bail for those kept in custody”?

Answer 3

• You should consider completing an Opposition to Bail for Offenders who need to be kept in custody.
• Bail Opposition MUST comply with the STRICT requirements of S. 238 and 239 of the OT Act.
• If Statutory requirements are met, the Youth Court may remand the CYP into either:
  . OT custody (S. 238(1)(d))
  . Rarely Police custody (S. 238(1)(e))
  . Youth Unit of a prison (S. 238(1)(f)) where the YP is 17 years old

NOTE: YOU MUST SEEK IMMEDIATE GUIDANCE FROM A YOUTH AID OFFICER IF YOU WANT TO OPPOSE BAIL OF A DEFENDANT AGED 12-17

Question 4

Provide explanation for “Victims views on release of CYP”?

Answer 4

• For Victims of an offence specified under S. 29 of the Victims Rights Act, Police MUST make all reasonable efforts to ascertain the Victims views on types of Orders the Court may make and inform the Court of those views.
• Police MUST inform each Victim, whether or not the Victims views have been ascertained, of:
  . The Order made by the Court
  . If the CYP is bailed, any conditions of bail that relate to the SAFETY and SECURITY of the Victim or their immediate family or require the CYP not to associate with or contact the Victim or their immediate family (S. 238(2))

Question 5

What is the process when “placing a CYP in OT custody”?

Answer 5

• Following the arrest of a CYP, or in the case of a child who has been arrested and who may be subject to proceedings relating to child offending in the Family Court, the CYP must be placed in the custody of the Chief Executive OT as soon as practicable and no later than 24 hours after the arrest if you have reasonable grounds for believing:
  . The CYP is not likely to appear before the Court or may commit further offences
  . It is necessary to prevent the loss or destruction of evidence or an offence you have reasonable grounds to suspect the CYP of having committed or interference with any witness
  . The CYP has been arrested under S. 214A and is likely to continue to breach any condition of bail. (S. 235(1)&(1A))

Question 6

What are “Police obligations when placing a CYP in OT custody”?

Answer 6

When placing a CYP in OT custody, you MUST:
- DELIVER the CYP to a Social Worker and
- GIVE details to the Social Worker in writing relating to:
. The CYP’s identity
. The Circumstances of the arrest
. The Date and Time of the intended appearance of the CYP before the Court (S. 235(2))

Question 7

What are “Police obligations when placing a CYP in OT custody” regarding the ‘24 hour time limit’?

Answer 7

The 24 hour time limit does not:

• allow you to hold the CYP solely for thr purpose of making further enquiries
• allow you to delay contacting OT solely to keep the CYP in Police custody for the maximum period of time.
• It is important to advise OT as soon as practicable to allow the Social Worker sufficient time to arrange for a suitable placement.
• A lack of resources such as a bed, on the part of OT should not affect custody transfer time-frames.
• Record in the Custody Module, in whose custody the CYP is being placed.

NOTE: ONCE THE CYP IS RELEASED INTO OT’S CUSTODY, THEY THEN BECOME THE SOCIAL WORKERS RESPONSIBILITY. YOU CAN MAKE RECOMMENDATIONS ABOUT THE TYPE OF CUSTODY BUT THE FINAL DECISION IS WITH THE SOCIAL WORKER.

Question 8

What provisions are there for holding a CYP in Police Custody?

Answer 8

• There is NO provision for keeping a CHILD in Police custody for more than 24 hours.
• A YOUNG PERSON may be detained in Police custody for more than 24 hours and until their appearance in Court if a Joint Certificate has been obtained and signed by a Delegate of the Chief Executive of OT and Senior Sergeant (or above).
• These 2 people must be satisfied on reasonable grounds that holding a YP for more than 24 hours is necessary where:
  . The YP is likely to abscond or be violent and
  . Suitable OT facilities for the detention in safe custody of the YP are not available.
• A Joint Certificate must be completed by Police and the OT delegate in these situations.
• You must provide a copy of this certificate to the Commissioner within 5 days and a written report explaining:
  . The Circumstances in which the Certificate was issued, and
  . The duration for which the YP was detained or is likely to be detained in Police custody (S. 236(1) & (2))