OTA 1989

Question 1

What age is a young person for Youth Justice?

Answer 1

14-16 years old.

Question 2

When can a 10 year old be criminally responsible?

Answer 2

Yes, for cat 3/4 offences.

Question 3

Can a person under 10 years old be committed for an offense?

Answer 3

No, they cannot.

Question 4

Is a person aged 14-17 criminally responsible?

Answer 4

Yes, but they will be trailed in youth court.

Question 5

Where are your powers of Arrest for a CYP found?

Answer 5

Section 214 and 214A

Question 6

When can you arrest a CYP?

Answer 6

If WEEP applies. (Witness interference, Evidence interference, Ensure court appearance or Public interest).
Or they have breached bail 2 or more times.

Question 7

What must you do when you arrest a CYP?

Answer 7

Inform the commissioner within 3 days and state reason/necessity.

Question 8

What do sections 215 - 219 relate to? OTA89

Answer 8

Bill of Rights for CYP.

Question 9

What do you have to do when explaining the BoR to a CYP?

Answer 9

Explain it to them in the way they understand.

Question 10

What are the requirements to making a CYP statement admissible in court?

Answer 10

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

Question 11

Who can’t be a nominated person CYP?

Answer 11

Anyone the police oppose or anyone working for the police.

Anyone under the age of 20.

Question 12

What does S.224 state? OTA89

Answer 12

If you have reasonably complied with S.221 then the CYP statement can be admissible.

Question 13

Can a spontaneous statement from a CYP be used in court?

Answer 13

Yes, due to S.223

Question 14

If a CYP in custody, what must you do?

Answer 14

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)

Question 15

What age is a young person for Care and Protection?

Answer 15

14-17 years old.

Question 16

What is the paramount principle of OTA?

Answer 16

The welfare and interests of the child or your person shall be the first and paramount consideration.

Question 17

What sections give the police powers to remove a CYP?

Answer 17

S.39 - Place of safety warrant.
S.40 - Warrant to remove child.
S.42 - Search without warrant.
S.48 - CYP found unaccompanied.

Question 18

When can you enter a home under S.42? OTA89

Answer 18

If RGTB it is CRITICALLY NECESSARY to protect the CYP from injury or death.

Question 19

What can you do under S.48? OTA89

Answer 19

Pick up an unaccompanied CYP in which their PHYSICAL OR MENTAL HEALTH is being, or likely to be IMPAIRED.

Question 20

What must you do if you pick up a CYP under S.48? OTA89

Answer 20

Take the CYP, with their consent, to their parent or legal guardian. If no consent given, place the them in the care of OT.

Question 21

What are 3 situations in which a CYP needs care and protection?

Answer 21

The CYP is likely to be:

• Harmed (Sexually, emotionally or physically)
• Ill treated
• Abused or seriously deprived

Question 22

What is S.10B SOA89 about?

Answer 22

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.