OT Youth justice Flashcards
When you are dealing with a child or young person for a suspected offence, there are three options open to you.
What are these three options?
Warn them.
Report them to YAS with a view to further action (for example, a summons).
Arrest them.
What is OT Act 1989 section 208?
Unless the public interest requires otherwise, criminal proceedings should not be instituted against a child or young person if there is an alternative means of dealing with the matter:
What is OT Act 1989 section 208 (b)?
Criminal proceedings should not be instituted against a child or young person in order to provide any assistance or services needed to advance the welfare of the child or young person, or their family, whanau, or family group.
What is OT Act 1989 section 208 (d)
A child or young person who commits an offence should be kept in the community so far as that is practicable and consonant with the need to ensure the safety of the public.
You have stopped and interviewed a 14-year-old who has just kicked a rubbish bin into the path of the vehicle on New North Road. On this occasion you decide to give him a warning and send him on his way. In reference to section 8 and 11, what must you now
carry out?
If a police officer takes any action or makes any decision that significantly affects that child or young person the officer shall inform the parents/guardian as soon as practicable of the officer’s actions and the reasons for them. The information can be given orally and, where practicable, should be in writing.
Provide the relevant ‘Criminal Responsibility’.
with a Child 10 years+
Where the child is aged 10 years old and the offence is murder or manslaughter
Provide the relevant ‘Criminal Responsibility’ for a child 12 - 13 years old.
Where the child is aged 12 or 13 years old and the offence is one (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years:
Provide the relevant ‘Criminal Responsibility’ for a child 12 - 13 years old with previous offences.
Where the child is aged 12 or 13 years and is a “previous offender” under 1A or 1B of the OT Act, and the offence is one (other than murder or manslaughter) for which the maximum
penalty available is or includes imprisonment for at least 10 years but less than 14 years.
Based on the age of criminal responsibility, if an eight-year-old stabbed another child,
what offence could they be charged with?
Nil – Criminal responsibility. Note: would probably be dealt with under section 14/ section 14 AA (Care & Protection)
When speaking to children, young persons and their families it is essential that you are
understood. Summarise what section 9 contains.
Section 9 of the Act details people’s rights to receive information in a language they
understand. An interpreter may be necessary.
You are carrying out a foot patrol in the local shopping centre with your patrol partner. At about 2200hrs you hear the sound of breaking glass and an alarm. You head towards the sound and on rounding the corner of New North Road you see that the front window of Sports Plus has been smashed. A group of four youths is standing across the road
looking on. You also notice a male and female in their 30s sitting at the bus stop a short distance away. You walk over and speak with the youths, who appear to be aged around 15 or 16. Your partner talks to the couple in the bus shelter. The youths claim to know nothing about the window. They tell you they heard the alarm and came around to have a look. They tell you they have been to the cinema and are on
their way home. One of the youths is carrying a sports bag. None of the youths want to give their names or their addresses, as they don’t want to get into trouble with their parents.
Before you speak to the youths, are you required to give them their Children and Young Person Caution Rights? Justify your answer.
No.
At this stage you do not have reasonable grounds to suspect the youths were involved in the breaking of the window, therefore there is no requirement to explain their rights.
Can you have a look in the bag being carried by one of the youths?
No, unless that youth gives informed consent. Note that under the consent provisions in the Search and Surveillance Act 2012, a person under 14 cannot
consent to a search (unless found driving a vehicle with no passenger of or over
the age of 14 years with authority to consent to the search of the vehicle).
As they will not give their names and addresses at this time, can you arrest them?
No.
You do not have reasonable grounds to suspect they have committed an offence.
As you are speaking to them, your partner comes over to you and tells you that the couple at the bus stop have told him that the youth with the brown jacket, blue jeans, white t-shirt and green sports bag went over to the window of the store and kicked it. The glass shattered and he took a pair of shoes from the window display and put them in his bag. The other youths came around the corner and the youth with the brown jacket then crossed over the street and met up with them.
You go over to the youth that has been identified as the offender, to speak to him about the offence.
Does section 215 apply now? Briefly explain.
Yes.
At this point you have reasonable grounds to suspect that the identified youth
committed the offence, therefore you are required to explain his rights as per section 215, before speaking further with him.
Refer to section 214. If the youth refuses to give you his name and address, what
action can you take after the ‘warning’ in the Caution Rights?
Warn the youth that he may be arrested if he refuses to give his name and address. You would be unable to summons him, because you do not know who he is or where he lives. Consideration should be given to issuing another warning to ensure he understands the consequences if he continues in his refusal to supply his name and address.
