OT Act 1989 Flashcards
Section 39 of OT Act 1989 (I’ve got time)
RG for suspecting C/YP is/likely to suffer ill-treatment/neglect/dep/abuse..may issue warrant authorising const to search for C/YP
May enter and search and place/vehicle for C/YP, remove or detain (force if nec) or if in hospital direct Medical Superintendent to keep child.
Section 42 of OT Act 1989 (In the poo)
Const BORG that it is CRITICALLY NEC to protect a C/YP from injury or death may…
Enter and search dwelling/vehicle…remove C/YP by force if nec and place in custody of Chief exec.
-Must produce ID and state enactment (first and on request)
-Submit written report to Commissioner of Police within 3 days
Section 48 of OT Act 1989 (Out too late)
Where C/YP found unaccompanied by parent/caregiver/other person in sit where phys/mental health is/likely impaired..can with consent deliver to custody of parent etc or without consent or nobody willing place in custody of chief exec.
Youth BOB 214A
Const may arrest YP if released on bail AND Const believes has breached bail AND has 2 or more prev breaches of that bail (not nec same condition)
(Auth must be obtained by YAS Sgt or in their absence supervising Sgt or qualified YAS officer
If BORG will continue, place in custody of Chief exec)
Who can be nominated adult?
Parent/guardian
Adult family member/whanau etc
Any other adult
Nominated adult if they don’t/can’t
If Const believes will pervert course of justice, or cannot be reasonably located…may refuse.
Detaining C/YP in Police custody
Where chief exec and const (Snr Sgt or inspector or above) are satis on RG that C/YP arrested likely to abscond or be violent and suitable facilities are not available to chief exec…YP, on joint cert be detained in Police custody for period not exceeding 24 hours and until appearance before court.
(copy of cert and report to Commissioner within 5 days)