OT 1989 Flashcards

1
Q

Child and Young person

A

Child - Under 14

Young Person - 14 but under 17

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2
Q

Section 272

A

Age of criminal responsibility.
10 - Murder or manslaughter
12 - 13 - Also imprisonment for life or 14 years
12 - 13 Previous Offences - 10 years but less then 14

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3
Q

Section 8

A

Police responsibilities to parents when dealing with CYP matter

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4
Q

Section 218

A

Rights caution explained to the CYP, manner and language they understand.

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5
Q

Section 214

A

Powers of arrest - without warrant
No arrest unless:
Appearance at court, prevent offences, loss of evidence or interference with witnesses

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6
Q

Admissibility of Statements - 226 to 230

A

No statement will be accepted unless:
Rights caution is explained
Allowed to consult solicitor or nominated person
Statement is made in the presence of a lawyer or nominated person.

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7
Q

Section 222

A
Nominated person:
Parent or guardian
Adult member of the family
Any other adult selected by CYP.
Enforcement Officer can nominate someone as long as they're not an enforcement officer.

Police can deny a nominated person:
Attempt to pervert the course of justice
Can’t be located
Not available within in the timeframe

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8
Q

Section 229

A

Provides for notification of parents, guardians or persons having car when a child or young person is arrested or questions

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9
Q

Section 14

A

CYP in need of care and protection:
Being or likely to be harmed, ill-treated, abused or seriously deprived.
Development, physical, mental or emotional wellbeing is or likely to be impaired or neglected.
Serious differences
Behaved or behaving in a P, E or EWBeing. Parent can’t control them
Committed offences
Unwilling or Unable to care for CYP
Abandoned CYP
Serious differences
Psychological attachment

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10
Q

Section 6

A

The welfare and interest of the CYP shall be the first and paramount consideration

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11
Q

Section 39

A

Place of Safety - Warrant needed - has suffered or likely to suffer - Remove or detained - OT

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12
Q

Section 40

A

Warrant to remove CYP

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13
Q

Section 42

A

Search without warrant - Critically Necessary - Injury or death - Remove or detain - OT

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14
Q

Section 48

A

CYP found unaccompanied - Physical or mental being/likely to be impaired - With consent, parent custody - No consent or parents unwilling - OT

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15
Q

Section 10B SOA

A

Leaves a child - without reasonable supervision and care - unreasonable time or unreasonable conditions

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