OT Flashcards

1
Q

4 Primary considerations for youth justice

A
  1. Well-being and best interest of child
  2. Public interest
  3. Interest of victim
  4. Accountability of CYP for behaviour
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2
Q

Section 215

A

Informing CYP of rights

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3
Q

When do you inform CYP of rights

A
  • Before questioning
  • When they ask
  • When you arrest/detain
  • When you decide to charge
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4
Q

Section 209

A

Warning

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5
Q

Section 214

A

To arrest CYP (road block)

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6
Q

What is section 214 blocking police of

A

Witness
Ensure
Evidence
Prevent reoccurrence NOW

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7
Q

214 exceptions

A
  • serious offence 14+ years imprisonment

- EBA offence

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8
Q

What happens if CYP breaches bail conditions

A

If they breach bail conditions and have done so 2x previously then they may be arrested

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9
Q

Section 221

A

Admissibility of statement

  • Must give caution rights
  • must have lawyer and/or nom person present
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10
Q

Section 222

A

Nominated person

  • 20 + years
  • Not a co-offender
  • not going to pervert the course of justice (police discretion)
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11
Q

Section 223

A

Spontaneous statements - exception to admissible statements if you did not have chance to give rights before hand

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12
Q

Section 229 and section 8

A

Informing parents

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13
Q
Section 14 (1) 
OT 1989
A
  1. Parents who abuse, neglect, ill-treat or are unwilling to care for CYP
  2. CYP who refuse to behave or follow instructions from parents/guardian
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14
Q

Section 42

OT 1989

A
Search without warrant
- When CRITICALLY NECESSARY
Enter
Search
Detain
Remove
Place
MUST say using section 42
*force if necessary
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15
Q

Section 39

A
Place of safety warrant
- SUFFERING or likely to SUFFER neglect
Enter
Search
Detain
Remove
Place
*force if necessary
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16
Q

Section 48

A

“out too late” Found Unaccompanied

  • with consent take back to parents
  • without consent place in care of OT
17
Q

Section 10B

Summary Offences Act 1981

A

Child left unaccompanied

  • under 14 years
  • Without reasonable supervision
  • For unreasonable amount of time or circumstance
18
Q

Bill of rights section?

A

Section 23