OT Act 1989 Flashcards
How old is a “Child”
A person under 14
How old is a “Young Person”
A person over 14 but under 18
What is the Paramount Principle in Oranga Tamariki Act?
“The well-being and best interest of the CYP are the first and paramount consideration”
What does Section 48 of the Oranga Tamariki Act 1989 refer to?
CYP found unaccompanied (48, out too late)
What does Section 42 of the Oranga Tamariki Act 1989 refer to?
Search without warrant (critically necessary)
What does Section 39 of the Oranga Tamariki Act 1989 refer to?
Place of Safety (Warrant) Care of Chief Executive
What are the reporting requirements when removing a CYP in the Oranga Tamariki 1989 Act?
Report to Commissioner within 3 days, reporting on your reason, evidence and solution
What does Section 10B of the Summary Offences Act 1981 refer to?
No children should be left unaccompanied under 14 years
What is a child aged 10+ years criminally responsible for?
Murder and manslaughter
What is a child aged 12 & 13 years criminally responsible for?
Murder and manslaughter
Any offence that is imprisonable for life or 14 years +
What is a child aged 12-13 years criminally responsible for after already being convicted/declared in need of care and protection?
Any offence which is at least 10 years but less than 14 years
Under Section 8 of the OT Act, who must you inform of any actions/decisions that significantly affect the CYP?
Parents/caregivers/guardians
What does Section 214 of the OT Act 1989 refer to?
The powers of arrest
Under Section 214 of the OT Act 1989, CYP should not be arrested unless it is necessary to?
Witness interference (prevent)
Ensure appearance at court
Evidential material (prevent loss)
Prevent further offence
What are the exceptions for Section 214 of the OT Act 1989?
If arrest is for category 3 or 4 AND arrest is required in public interest
Arrest is necessary for EBA
What is a Category 1 Offence?
Fines only - Fighting
What is a Category 2 Offence?
Less than 2 years or community based sentence or fines
What is a Category 3 Offence?
Imprisonment for 2 years or more, with right to elect trial by jury (10 - 14)
What is a Category 4 Offence?
Very serious 2 years to life in prison (14+)
Under Section 215 of the OT Act 1989, When do you have to explain CYP rights?
- Before questioning
- When the CYP asks you about their rights
- When you have decided to charge
- When you have arrested a CYP
- Statement will not be admissible unless rights are given
What is a “Nominated Person”
Parent/guardian, adult family member/family group, any other adult (20 years older)
Where are statements admissible in court under OT Act?
-When rights/caution have been explained
-CYP allowed to consult with lawyer or nominated person or both
-Statement made in presence of lawyer and nominated person
What is the reporting procedure for arresting a CYP?
Submit report to commissioner within 3 days of the justification and why it was necessary
No statement made by a child or young person is admissible unless given their rights and statement made in front of a nominated person. What is an exception to this?
An oral statement made spontaneously by a CYP
