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CPK > OT Act > Flashcards

OT Act Flashcards

1
Q

Care and protection age change from April 2017

A

YP- of or over 14 but under 18

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2
Q

Section 39

A

Place of safety warrant
Reasonable grounds to suspect that CYP is suffering, likely to suffer, neglect, ill treatment, deprivation, abuse, or harm

Made by constable or chief executive

Enter and search
Force if necessary
Any building, dwelling, ship, aircraft, carriage, vehicle, premise or place
Remove or detain the CYP and place in CE custody
Direct to hold in hospital

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3
Q

Section 42

A

Search without warrant

Critically necessary to protect a CYP from injury or death

Enter and search
Force if necessary
Remove or detain

Produce ID
Disclose powers excused under this section

3 days to inform commissioner

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4
Q

Section 48

A

Unaccompanied CYP

Found and physical or mental health is being or likely to be impaired
Force if necessary to take CYP

To parent or guardian with consent
Place with CE if CYP does not want to returned or if no parent or guardian willing to have custody

Placement with CE shall be sufficient authority for the detention until CYP agrees to be returned or application for 67 declaration

If needs care and protection, expires after 5 days or 3days

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5
Q

208

A

Part 4 principles

No criminal proceedings if alternative means unless public interest

No proceedings solely for assistance or services

Measures for dealing with offending should strengthen family and foster ability to develop their own means

Kept in community as far as practicable

Age mitigating factor when imposing sanctions and nature of those sanctions

Sanctions imposed take form that maintains and promotes development within their family and least restrictive form

Measures to address underlying issues of offending

Considerations to interests and views of victims and have proper regard for them and the offending impact

Special protection due to vulnerability

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6
Q

214

A

Arrest of CYP without warrant

Shall not arrest unless satisfied on reasonable grounds
Ensure appearance 
Prevent further offences
Prevent loss/destruction of evidence 
Summons would not achieve purpose

Above does not prevent arrest if 3 or 4 cat offence that has 14yrs+ prison and required for public interest

Report to commissioner within 3days and state reason to arrest

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7
Q

214a

A

Arrest of CYP in BOB condition

If released on bail and
Believe on reasonable grounds
CYP has breached a condition of that bail
And 2 or more previous breaches

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8
Q

215

A

CYP to be informed of right before questioned

When reasonable grounds to suspect commuter offence or before questions intended to obtain admission

May be arrested if refuse to give name and address

Not obliged to accompany, must consent and can be withdrawn anytime

No obligation to give statement and can withdraw anytime

May be used in evidence

Entitled to consult with lawyer or NP

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9
Q

215A

A

Rights to be explained on request

When questioning in relation to an offence and CYP makes an enquiry that relates to any matters in 215

Shall explain those matters

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10
Q

216

A

Enforcement officer to explain rights to CYP who is to be charged

Questioning and decides to charge

Shall explain to that CYP
Except where CYP is under arrest, the matters in a and b of 215 and c to f

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11
Q

217

A

Rights to be explained to CYP arrested

When arresting pursuant to 214

Explain to CYP the matters c to f of 215

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12
Q

218

A

Explainations in appropriate language for age and level of understanding

215, 215a, 216 and 217 to all be given in a manner and in a language that is appropriate

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13
Q

219

A

Explanations not required if CYP already informed of rights

Not required if same explanation given to CYP not earlier than one hour before the later explanation

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14
Q

221

A

Admissibility of statements

When questioned
If arrested
Officer decided to charge or
Detained in custody following arrest under 214

Inadmissible unless
Rights correctly explained before or given
If chosen to do so, spoken with lawyer or NP in private
Statement given in presence of one or more of following:
-lawyer
-NP
- any person under 222 or other adult

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15
Q

222

A

Who may be nominated person

Parent or guardian
Adult member of family
Any other adult selected
Person nominated by officer of refuse or fails to nominate

Can refuse person if believe on reasonable grounds
Would percent course of justice or attempt too
Can not be located with reasonable diligence

Can consult with NP

Duty of NP
Reasonable steps ensure CYP understands the matters
Support before and during questions and during statement if agrees to give one

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16
Q

223

A

Where 221 does not apply due to statement made before requirements can be met

Spontaneous admission

17
Q

229

A

Parents and guardians to be informed where CYP at enforcement agency office for questioning in relation to commission or possible commission of offence or is arrested

Unless impracticable to do so

Can visit and shall do as soon as practicable after arrival

Consult privately during visit

18
Q

231

A

Persons who may be NP for purposes of 229(1)(a) - informing person. Is at enforcement agency

Parent or guardian
Adult family member
Any other adult
Nominated by officer of refuses or fails to nominate

19
Q

233

A

Breath alcohol and blood alcohol provisions of LTA not affected

Nothing in 214 to 232 limits or affects power if an officer under any of the provisions of 68 to 73 of LTA

20
Q

234

A

Custody of CYP after arrest

Subject to 235,236 and 244

Shall
Release
Release on bail under 21 of Bail Act
Deliver to custody of
Any parent or guardian or
Iwi or cultural service with agreement of CYP or
Any person or organisation approved by CE with agreement of CYP

21
Q

235

A

CYP who is arrested may be placed in custody of CE

Must place arrested in custody of CE as soon as practicable and not after 24hours if

Believe in reasonable grounds
Need to ensure appearance
May commit further offences
Prevent loss or destruction or interference with witnesses
Arrested under 214A and likely to continue to breach bail

Placed with CE by delivering and presenting on the prescribed form the identity, circumstances, date and time of court

Can not be used for care and protection

22
Q

236

A

YP who is arrested may be detained in police custody

Where CE and s/sgt or above are satisfied on reasonable grounds

YP likely to abscond or be violent and
Suitable facilities are not available to CE

Can be detained in Police custody for a period exceeding 24hours and until court with joint certificate

If joint very issued, within 5 days after the day which it was issued, be furnished to the CE and to the commissioner
A copy of cert
Written report of circumstances and duration

23
Q

R v Kahu 2005

Powers under 39 warrant

A

SW with warrant, officer also had unused for dugs. Explained right to enter and permission given to search cupboards.
Officer found plate of cannabis.
Appellant then showed room with substantial amount of cannabis.
Cautioned, BOR and arrested. Children taken.

Appealed on basis of breach of s21 of BOR

Held.
Cannabis found as result of reasonable search.

24
Q

Pettus v R 2013

157 search without warrant

A

Charged meth related. Seen purchasing materials from hardware store.

SW for cell phone data, not executed, premise and vehicle executed.

OT present. 12 yr old present and detained.

Blood, urine and hair samples taken from children after equipment found. Did not yield evidence.

Held.
Powers under 42 not available as not critically necessary.

25
Q

Police vs D 2002

Detention under 48

A

Youth removed from private property. Drunk. Gave grandma details and ID prior to going to station.

Transported by others and info not passed on. Then youth shut down at station and punched officer.

Defended he was unlawfully detained. Police stated needed to go station to get in contact with caregiver.

Result
48 does not authorise detention at station per se
Police should minimise potential harmful experiences ie cells

Reasonable going to station. Shouldn’t have taken him through cells. Detained beyond lawful authority by doing so. No evidence youth knew why detained.

26
Q

Police v T-M 2002

Arrest guidelines under 214, 48

A

A lot of burgs whangarei cbd. Known youth located on patrols.

48 and taken to station and interviewed. 3 weeks later interviewed at home. Then arrested for burg.

Denied at court then police withdrew. App made for costs and $1000 imposed for misuse of court process.

Should have been 214 if suspected of offence if would be permitted under this section.
208 - no other means of dealing

27
Q

Police v T 1998

214 and detention in police custody

A

Shoplifted in front of officer. Told to stop and decamped. Charged for $9 of items. In SO at time. Taken to court just over 24hrs later. YA questioned why not sooner to court in basis of arrest. Police stated arrest necessary to stop further offences.

Held. Some procedural fails tho:
SO not enough to justify arrest for single charge.
Should have gone to court in afternoon.
Serious breach of law for being in cells over 24hours

28
Q

Elia v R 2012

215 and 223

A

Agg rob and agg wounding charges. Stabbing of takeaway staff.

T spoken too as witness 2 weeks later. Got indication T involved. Told to say no more and they accompanied to station. Admitted to presence and gave name of E.

E interviewed next day, T statement read. Admitted then said wasn’t even there. Mother urged him to say nothing while on break so replaced.

Appealed on admissibility. E, inadmissible after NP changed as no rights again. T admissible at station but not home one.

Held.

29
Q

R v K 2002

222 and choice of NP

A

Homicide suspect. Agreed to accompany home. Father said he was home on the night.

Agreed to accompany with father, advised of rights on way.

Father possible alibi witness so not suitable.

Mother location not know so adult sister suggested by dad. Police decided to bring in independent person. Full confession.

Admissibility objected too.

Should have been informed did not have to accompany. Also should have been able to nominate another person.

Statement did however comply with 215 and 222

Court of appeal overturned high court and ruled inadmissible due to NP

30
Q

S v Police 2006

Spontaneous admissions

A

Officer talking to YP about unresolved volume crime.

Advised of 215 rights and invited to accompany and show various offences. Told YP not intending on charging.

YP disclosed to agg rob while driving. Told YP not type of offence he had in mind when said no charge.

Agreed to go to station. NP facilitated. Full confession.

Challenges admissibility. Held. Transferred to district for sentencing.

Appealed convictions at high court.

Court deemed immunity offer influenced YP decision to disclose agg rob. Therefore not spontaneous.

Led to video inadmissible as interview a result of non-spontaneous admission

CPK (9 decks)

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