OT 1989 Flashcards
Child and Young person
Child - Under 14
Young Person - 14 but under 17
Section 272
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
Section 8
Police responsibilities to parents when dealing with CYP matter
Section 218
Rights caution explained to the CYP, manner and language they understand.
Section 214
Powers of arrest - without warrant
No arrest unless:
Appearance at court, prevent offences, loss of evidence or interference with witnesses
Admissibility of Statements - 226 to 230
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.
Section 222
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
Section 229
Provides for notification of parents, guardians or persons having car when a child or young person is arrested or questions
Section 14
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
Section 6
The welfare and interest of the CYP shall be the first and paramount consideration
Section 39
Place of Safety - Warrant needed - has suffered or likely to suffer - Remove or detained - OT
Section 40
Warrant to remove CYP
Section 42
Search without warrant - Critically Necessary - Injury or death - Remove or detain - OT
Section 48
CYP found unaccompanied - Physical or mental being/likely to be impaired - With consent, parent custody - No consent or parents unwilling - OT
Section 10B SOA
Leaves a child - without reasonable supervision and care - unreasonable time or unreasonable conditions