OT

Question 1

What does s214 of the Oranga Tamariki Act 1989 cover?

Answer 1

Arrest of a child or young person without warrant

Question 2

Section 214(1) relates to WEEP. What does the acronym stand for

Answer 2

(Reasons to arrest without warrant)
To prevent Witness tampering

To Ensure a court appearance

To prevent the loss of Evidence

To Prevent further offending

Question 3

s214(2)(a) - allows arrest for an officer with RGTS what category(s) of offence has occurred?

Answer 3

A category 4 offence,
(E.g. Murder/Manslaughter/Terrorism)
or a category 3 offence with a max penalty of at least 14 years.
E.g. Aggravated Robbery/Aggravated Buglary/Sexual violation)

Question 4

How long do you have to report the arrest of a young person to the Commissioner?

Answer 4

Three days

Question 5

Section 214 does not apply when looking at which two pieces of legislation?

Answer 5

During EBA procedures under LTA 1998

and the provision of false or misleading information - s342 of the Immigration Act 2009

Question 6

Police v H - Case law states what in relation to the requirements of s214(1)(a) and (b)?

Answer 6

The prosecutor must prove beyond reasonable doubt that the requirements of 214(1)(a) and (b) have been satisfied… (elsewise) the charging document files is invalid and the youth court has no jurisdiction.

Question 7

s215 of the Oranga Tamariki Act 1989 relates to what?

Answer 7

Advising the rights of a young person before being questioned.

s215 - “before you dive” (in with questions)

Question 8

s216 of the Oranga Tamariki Act 1989 relates to what?

Answer 8

Explaining the rights of a young person who is to be charged with an offence.

216. “1n the mix” (the court system)

Question 9

s217 of the Oranga Tamariki Act 1989 relates to what?

Answer 9

Rights to be explained to a young person who is arrested.

(This memory hook is a little abstract)
s217 - 1 and 7 look like a triangle when together. If you draw the triangle with your finger starting from the bottom of the 1, the story seems to be “kids goes out” (finger now at top of the 1) “kid gets arrested” (brought sideways into custody / finger now right side of 7) “kid gets brought home where he started” and the cycle repeats.

Question 10

s218 of the Oranga Tamariki Act 1989 relates to what?

Answer 10

Explaining in a manner and language appropriate to the age and level of understanding of child or young person.

s218 - 8 looks like a sideways infinity symbol, there are infinite languages,

or it may feel like you are reading their rights an infinite number of times until they understand 😜

Question 11

s222 of the Oranga Tamariki Act 1989 relates to what?

Answer 11

Nominated persons

s222 - “Who cares for you?”

Or picture 3 people (represented as 2’s) in an interview room together

Question 12

“Incapable of Evil” relates to what Latin common law concept?

Answer 12

Doli Incapax - children under a certain age should not be culpable for any criminal acts or omissions.

Question 13

What’s three things must the prosecutor prove to ensure a CHILD offender is culpable for the actions?

Answer 13

Mens Rea

Actus Reus

At the time of offending, knowledge of wrong or that the act/omission was contract to the law