OT youth justice 2 Flashcards
You tell Paul (a youth) you are investigating a burglary and ask him if you can look in his bag for the shoes. You tell him he doesn’t have to let you, it is his choice. Paul says you can (he
gives informed consent).
You look in his bag and find a pair of “Air Nike” shoes in the bag. They still have the label
on which has the shop name on it. He admits that he has taken them from the shop. He agrees to go with you to the police station and at the station he agrees to make a statement.
Refer to s214. What action would you take and why?
Arrest him for burglary, as you believe that evidence relating to the offence is in his bag and you need to recover this to prevent the loss or destruction of evidence.
(Note: You cannot warn him that he may be arrested if he won’t hand over the shoes, or let you look in his bag, as this would no longer be search by consent.)
For a youth’s statement to be admissible in court, what are you required to do? Refer to
section 221.
Explain rights/caution to the child or young person in a manner and language appropriate to the age and understanding of the Child or Young Person. If Paul wishes, allow him to
consult with a barrister or solicitor and/or nominated person, and take the statement in the presence of a barrister or solicitor and/or nominated person.
Back at the station, the youth decides they don’t want anyone present while he is giving a statement.
What would you now need to do?
Nominate someone on his behalf, as the statement would not be admissible unless a nominated person and or a lawyer was present during the taking of the
statement.
The youth changes their mind and nominates his cousin Jimmy TYLER, who is a gang member and who, from your personal knowledge, is likely to tell Paul to lie about breaking into the store.
What action would you take and why?
Explain that his cousin Jimmy is not suitable as a nominated person and ask Paul to nominate another person and repeat the process if necessary until a suitable person has been nominated.
Review section 221. Who can or cannot be a nominated person?
Persons who may be nominated for the purposes of section 221(2)(b) or (c).
(1) Subject to subsection (2) of this section, a child or young person may nominate one of the following persons for the purposes of section 221(2)(b) or (c) of this Act:
(a) A parent or guardian of the child or young person:
(b) An adult member of the family, whanau, or family group of the child or young person:
(c) Any other adult selected by the child or young person:
(d) If the child or young person refuses or fails to nominate any person referred to in any of paragraphs (a) to (c) of this subsection, any adult (not being an
enforcement officer) nominated for the purpose by an enforcement officer.
(2) Where an enforcement officer believes, on reasonable grounds, that any
person nominated by a child or young person pursuant to subsection (1)(a) or (b) or (c) of this section:
(a) If permitted to consult with the child or young person pursuant to section.
221(2)(b) of this Act, would attempt, or would be likely to attempt, to pervert the
course of justice; or
(b) Cannot with reasonable diligence be located, or will not be available within a
period of time that is reasonable in the circumstances,—
that enforcement officer may refuse to allow the child or young person to consult with that person.
Eventually the youth nominates his mother as the person he wants present. He doesn’t want a solicitor. What is the role of Paul’s mother during the interview?
To speak with Paul in private to ensure he understands his Caution Rights and to support him before and during questioning and while making or giving any statement. Her role as a support person is important, she is not merely an observer.
When the youth’s mother arrives at the station, what do you, the police officer, need to tell the mother and do before the interview?
That the youth is being questioned concerning breaking into the shop.
That she has been nominated by the youth to be present during his questioning.
Supply her with a copy of POL388A form.
Explain the youth’s rights to her in a language she understands and explain that she is to speak with her son, in private, to ensure he understands his rights.
You also need to advise her that she is there to support the youth during the
interview.
Explain that she is to advise the interviewer immediately if at any time she feels the youth is not being treated fairly.
The youth makes a full admission. He is a first-time offender and has nothing on record in the
Youth Aid Office.
What options are available to deal with this matter?
After consulting with your supervisor, you could:
Warn the youth.
Report the matter to Youth Aid Section with a view to holding a Family Group Conference or having an alternative action plan.
Charge the youth for the offence.
Warn the youth.
Report the matter to Youth Aid Section with a view to holding a Family Group Conference or having an alternative action plan.
Charge Paul for the offence.
What option would you select and why?
As the offence is deemed serious and there is reparation to consider, it would be
appropriate to report the matter to Youth Aid Section so a Family Group Conference could be held about the matter.
You are talking to a person who you think might be a suspect for a theft. Suddenly he
blurts out, “OK, I was the guy who took it.” Refer to section 223.
Is this statement admissible?
Yes as the requirement to have a nominated person under s.221 or to have provided
the caution rights, does not automatically disallow spontaneous admissions. However
this must be truly spontaneous without prior prompting or questions by Police.
Elia v R [2012]
Under what conditions can you arrest a child or young person for breaching bail
conditions?
OT Act 1989 S214A
Arrest of child or young person in breach of bail condition a constable may arrest a child or young person without a warrant if:
(a) the child or young person has been released on bail; and
(b) the constable believes, on reasonable grounds, that:
(i) the child or young person has breached a condition of that bail; and
(ii) the child or young person has on 2 or more previous occasions breached a condition of that bail (whether or not the same condition).
