OTA - Youth Justice 1989 Flashcards
Section 214
Power to arrest only to:
- Ensure the child or young person appears in court
- prevent further offences
- prevent loss/destruction of evidence
- prevent interference with witness
- breach of bail (3rd warning for same condition)
Child Criminal liability
Under 10 - no liability
10+ - Murder or manslaughter
Child 12-13 - Murder or manslaughter or offence with max imprisonment of 14 years
Child 12 - 13 Murder, manslaughter, max imprisonment of 10 years if previous offender of above.
Young person criminal liability
Is criminally responsible for their actions. They will be dealth with by YAS, FGC of the Youth Court.
Section 8
Parents must be informed if:
- police
- make any decision
- that significantly affects a CYP
- inform as soon as practicable
Section 4
CYP who commit offences:
- ensure they are held accountable and encouraged to accept responsibility
- Dealt with in a way that acknowledges their needs.
CYP Age (Youth Justice)
Child - under 14yrs
Young person - 14-17yrs
CYP
Child or young person
OTA
Oranga Tamariki Act 1989
YAS
Youth aid services
FGC
Family Group Conference
OT
Oranga Tamariki (Ministry for vulnerable children)
Section 9
People’s rights to receive information in a language they understand.
Section 218
Explain rights in a language that is appropriate to their age and level of understanding.
Section 215 - 219
When children or young people must be informed of their rights.
- When RGTS they have committed an offence
- Before asking questions
- During questioning when you decide to charge
- Arresting child
- Every hour
Section 219
Give CYP rights every hour
