Oranga Tamarki Act 1988 Flashcards
What is the definition of a child
A person under the age of 14 years
What is the definit6of a young person
A person of or over the age of 14 years but under 18 years
What is the paramount principal of the Act
The wellbeing and best interest of the child or young person are first and paramount consideration.
Under section 14 and 14AA when is a CYP in need of care and protection
Parents/caregivers who abuse/ I’ll treat their children or are unable or unwilling to look after them.
Children or young person who will not obey/listen to their parents or wilfully misbehaviour to a serious degree.
What agencies do police work with to investigate child abuse
Oranga Tamariki and the ministry of children
SAT - serious abuse team - OT
CPT - child protection team police
Youth aid - police
What powers do police have to remove a CYP
Place of safety warrant section 39
Warrant to remove section 40
Search without warrant section 42
CYP found unaccompanied section 48
What is section 42
Any constable who believes on reasonable grounds
That is CRITICALLY NECESSARY to protect a child or young perso from injury or death
May without warrant ENTER and SEARCH (by force if necessary)
Dwelling house, building, aircraft, ship, carriage, vehicle, premises or place
And
REMOVE or DETAIN (by force if necessary) the child or young person
And
PLACE the child or young person in the custody of OT
Who must you inform if you excercises the powers of 42
The commissioner within three days
What is section 48
Where a child or young person is FOUND UNACCOMPAINED by parent By guardian Other person who usually cares for them
In a situation in which their
PHYSICAL OR MENTAL HEALTH IS BEING OR IS LIKELY TO BE IMPAIRED
a constable may using such force as may reasonably be necessary TAKE the child or young person
With their consent DELIVER them in to the custody of a parent / guardian/ other person who usually cares for them
If no consent is given or caregivers are unwilling to take them PLACE into custody of OT
When you take a child home under section 48, do you need to give them their rights
Yes because you are detaining them.
What is section 10b summary offence act 1981
Being a parent or guardian or person having care of a child under age of 14 years
Leave that child
Without making reasonable provision for the supervision and car of the child
For a time that is unreasonable or under condition that are unreasonable having regards to all circumstances.
What is the criminal responsibility of a child 10 years +
The offence of murder or manslaughter
What is the criminal responsibility of a child 12&13 years
The offence is one (other than murder and manslaughter) for which the maximum penalty available is or includes imprisonment for life or at least 14 years
What is criminal responsibility (c) child 12-13 years
The child has either been convicted of or declared in need of care and protection after committing an offence which the maximum penalty is 14 years or more and now commits an offence for which the penalty at least 10 years but less than 14 years.
Crimes act 1961 section 21states under what age can I child not be convicted of an offence
Under 10 years of age
No person of the age of 10 but under 14 years shall be convicted in any offence unless
They knew the act or omission was wrong or that it was contrary to law.
A person ages 14 but under 18 is criminally responsible for their actions
They will be dealt with by
Youth aid/ youth court
What are the four primary consideration that a court or person must be guided by when exercising powers under the youth justice part of the act.
The well-being and best interest of the child or young person
The public interest
The interest of any victim
The accountability of the child or young person for their behavior
Who must be informed of any police action the significantly affect a young person or child
Section 8 polices responsibilities to parents when dealing with a CYP.
If a police officer takes any action or
Makes any decision
That significantly affects that CYP
The officer shall inform as soon as practicable of
The officers actions and the reason for them
To any parent guardian or person having care of the child or young person
The information can be given orally and where practicable should be in writing.
What does section 9 refer to
Peoples eight to receive information in a language they understand. An interpreter may be necessary.
What does section 218 state
That every explanation of rights given to a child or young person must be given in a manner and in a language that is appropriate for their age
When must a CYP be informed of their rights
Section 215 before questioning
Section 215A when the child or young person ask you about their rights
Section 216 when you have decided to charge
Section 217 when you have arrested a child or young person
Section 221 a statement will not be admissible unless rights are given in accordance with act
What does section 214 and 214A refer to
The power to arrest without warrant, an officer shall not arrest a CYP unless the officer has reasonable ground that is is necessary to arrest the child for the purpose of
Ensuring appearance in court
Prevent the CYP from committing further offense
Prevent loss or destruction of evidence
Prevent interference with witness
Where the CYP may be proceeded against by way of summons Would not achieve the purpose.
R
What are the exceptions to section 214 and 214A
If the arrest is for a category 4 or 3 offense which the maximum penalty avaliable is or includes imprisonment for life or at least 14 years
AND the arrest is required in the public interest
Or the arrest us necessary to carry breath/blood alcohol provisions of the land transport act 1998
Do you need to report an arrest to the commissioner of police and if so whitin how many days
Yes within 3 days
What is a category 3 offense
Imprisonment for two years or more, with right to elect trail by jury
What is a category 4 offense
Very serious offense listed in schedule, punishable by life imprisonment or by 2 years or more imprisonment
What does section 224A refer to
Power to arrest CYP without warrant
If CYP has been released on bail and
The constable believes on reasonable grounds
The CYP has breached the condition of bail and
The CYP has on 2 or more previous occasions breached a condition of that bail.
Before making an arrest you must have approval from a youth aid servant or in there absence your supervising sergant
What is a admissibility rule
No statement made by a CYP is admissible UNLESS rights/cautions explained AND Child or young person allowed to consult with lawyer or nominated person or both if they wish to AND Statement made in the presence of - lawyer or - nominated person by CYP
