OT Flashcards
Definition of Child
Under 14 years old
Definition of young person
Under 18 but over 14 years
Paramount principal
Well-being and best interests of CYP are first & paramount
Police work with OT to investigate
Any alleged child abuse
Section 39
Warrant needed to enter
Section 42
Search without warrant, it is critically necessary to protect CYP from injury or death
Section 48
CYP found unaccompanied
Section 10B
CYP left unaccompanied
What is to be reported to the Commissioner of children R.E.S
- Reason
- Evidence
- Solution
Criminal responsibility
- 10 years+ - murder or manslaughter
- 12-13 - 14 years
- 12-13 - been convicted of or declared in need of care and protection after committing an offence for which the max penalty is 14 or more years and now commits an offence for which the penalty is at least 10 years but less than 14 years
Who must be informed
Parents/guardians/caregivers under section 8
Section 214
- If offence carries a max penalty of life imprisonment of at least 14 years and it is in the public interest
- breath/blood provisions of LTA
Section 215
Caution rights to CYP must be explained in a manner appropriate to their age and level of understanding
Who can be a nominated person
Parent/guardian, adult member of the family or other adult selected by the CYP
Rules of admissibility statement made by CYP
No statement is admissible UNLESS the rights/caution is first explained AND CYP allowed to consult with lawyer or nominated person or both AND statement made in presence of lawyer or nominated person
Reporting to commissioner of police
Within 3 days
Category 3
Imprisonment for two years or more with the right to elect trial by jury
Category 4
Very serious offences, punishable by life imprisonment or by 2 years or more imprisonment
Spontaneous statement
Oral statements made spontaneously by a CYP can be admissible
Section 214 circumstances in which you CAN arrest CYP
- Ensure the child or young person appears in court
- Prevent further offences
- Prevent loss/destruction of evidence
- Prevent interference with witnesses
Section 40
Warrant to remove CYP
If removing a CYP when must OT be informed
Immediately
Exceptions to section 214 powers of arrest
- The arrest is for a category 4 or 3 offence
- The arrest is required in the public interest
Court jurisdiction for age 14-17 at time of offending but now 18
Youth court
Court jurisdiction for age 14-17 at time of offending but now 19+
District court
