OT Flashcards
4 Primary considerations for youth justice
- Well-being and best interest of child
- Public interest
- Interest of victim
- Accountability of CYP for behaviour
Section 215
Informing CYP of rights
When do you inform CYP of rights
- Before questioning
- When they ask
- When you arrest/detain
- When you decide to charge
Section 209
Warning
Section 214
To arrest CYP (road block)
What is section 214 blocking police of
Witness
Ensure
Evidence
Prevent reoccurrence NOW
214 exceptions
- serious offence 14+ years imprisonment
- EBA offence
What happens if CYP breaches bail conditions
If they breach bail conditions and have done so 2x previously then they may be arrested
Section 221
Admissibility of statement
- Must give caution rights
- must have lawyer and/or nom person present
Section 222
Nominated person
- 20 + years
- Not a co-offender
- not going to pervert the course of justice (police discretion)
Section 223
Spontaneous statements - exception to admissible statements if you did not have chance to give rights before hand
Section 229 and section 8
Informing parents
Section 14 (1) OT 1989
- Parents who abuse, neglect, ill-treat or are unwilling to care for CYP
- CYP who refuse to behave or follow instructions from parents/guardian
Section 42
OT 1989
Search without warrant - When CRITICALLY NECESSARY Enter Search Detain Remove Place MUST say using section 42 *force if necessary
Section 39
Place of safety warrant - SUFFERING or likely to SUFFER neglect Enter Search Detain Remove Place *force if necessary
Section 48
“out too late” Found Unaccompanied
- with consent take back to parents
- without consent place in care of OT
Section 10B
Summary Offences Act 1981
Child left unaccompanied
- under 14 years
- Without reasonable supervision
- For unreasonable amount of time or circumstance
Bill of rights section?
Section 23
