Orange Tamariki Act 1989

Question 1

OT section 14

Answer 1

Defines who needs care and protection

Question 2

OT section 42

Answer 2

Search without warrant if it’s critically necessary to protect a child

Question 3

OT section 39

Answer 3

Place of safety warrant to enter and search for a child if they are suffering or likely to suffer

Question 4

OT section 48

Answer 4

Unaccompanied child or young person

Question 5

Summary offences 10B

Answer 5

Leaving a child without making reasonable provision for supervision or care

Question 6

OT section 272

Answer 6

Age of criminal responsibility

10 + for Murder / manslaughter

12-13 Max penalty is life or at least 14 years not including murder / manslaughter

12-13 max penalty 10 to 14 years and has previous conviction

Question 7

OT section 215

Answer 7

Giving a child or young person their caution rights

Explain in terms they understand when you suspect them of committing an offence or when questioning to gain admission or when deciding to charge or arrest or if the CYP wants an explanation of the rights

An explanation of Rights has validity of 1 hour

Question 8

OT section 214

Answer 8

Powers of arrest - W.E.E.P.

Question 9

OT section 214 a

Answer 9

Arresting when in Breach of bail

Question 10

What does W. E. E. P. stand for ?

Answer 10

Witness , prevent interference with
Ensure appearance in court
Evidence , prevent loss of
Prevent further offence

Question 11

What are the ages of criminal responsibility for a child or young person ?

Answer 11

10+, murder or manslaughter
12-13, any offence carrying a sentence over 14 years or life imprisonment.
12-13, any offence carrying a sentence of 10 to 14 years if the person has a previous conviction

Question 12

Warnings

Answer 12

You can give warnings depending on the seriousness of the offence and nature and number of previous offences

File with Youth Aid Service who will give written notice to CYP and parents

If a warning is not appropriate , file to Youth Aid Service with recommendations , e.g. family group conference

Question 13

Cautions

Answer 13

If offence is of a nature that it goes to family group conference ,a caution may be the decided course of action.

Cautions will be given at the police station by someone above the rank of Sergeant and the parents or caregiver is to be present.

If prosecuted any previous warnings or cautions may only be disclosed by defence