OTA 1989 Flashcards
What age is a young person for Youth Justice?
14-16 years old.
When can a 10 year old be criminally responsible?
Yes, for cat 3/4 offences.
Can a person under 10 years old be committed for an offense?
No, they cannot.
Is a person aged 14-17 criminally responsible?
Yes, but they will be trailed in youth court.
Where are your powers of Arrest for a CYP found?
Section 214 and 214A
When can you arrest a CYP?
If WEEP applies. (Witness interference, Evidence interference, Ensure court appearance or Public interest).
Or they have breached bail 2 or more times.
What must you do when you arrest a CYP?
Inform the commissioner within 3 days and state reason/necessity.
What do sections 215 - 219 relate to? OTA89
Bill of Rights for CYP.
What do you have to do when explaining the BoR to a CYP?
Explain it to them in the way they understand.
What are the requirements to making a CYP statement admissible in court?
CYP has had BoR explained to them in a way they understand
AND
Allowed to speak with a nominated person or lawyer
AND
The statement was made in the presence of the lawyer of NP.
OTA 1989, S.221
Who can’t be a nominated person CYP?
Anyone the police oppose or anyone working for the police.
Anyone under the age of 20.
What does S.224 state? OTA89
If you have reasonably complied with S.221 then the CYP statement can be admissible.
Can a spontaneous statement from a CYP be used in court?
Yes, due to S.223
If a CYP in custody, what must you do?
Hand the child over to OT within 24 hours. (S.235)
UNLESS
The CYP is violent or has a high chance or escaping. (S.236)
What age is a young person for Care and Protection?
14-17 years old.
What is the paramount principle of OTA?
The welfare and interests of the child or your person shall be the first and paramount consideration.
What sections give the police powers to remove a CYP?
S.39 - Place of safety warrant.
S.40 - Warrant to remove child.
S.42 - Search without warrant.
S.48 - CYP found unaccompanied.
When can you enter a home under S.42? OTA89
If RGTB it is CRITICALLY NECESSARY to protect the CYP from injury or death.
What can you do under S.48? OTA89
Pick up an unaccompanied CYP in which their PHYSICAL OR MENTAL HEALTH is being, or likely to be IMPAIRED.
What must you do if you pick up a CYP under S.48? OTA89
Take the CYP, with their consent, to their parent or legal guardian. If no consent given, place the them in the care of OT.
What are 3 situations in which a CYP needs care and protection?
The CYP is likely to be:
- Harmed (Sexually, emotionally or physically)
- Ill treated
- Abused or seriously deprived
What is S.10B SOA89 about?
Dealing with the ill treatment or willful neglect of a child. A parent shouldn’t leave child under 14 years alone without making reasonable provision for them.
