Part 4 Youth justice Flashcards
What must a court or person exercising powers under this Part weigh?
The 4 primary considerations described in section 4A(2)
These considerations guide the decision-making process in youth justice.
What is the principle regarding criminal proceedings against a child or young person?
Criminal proceedings should not be instituted if there is an alternative means of dealing with the matter
This principle emphasizes the importance of alternative resolutions.
What should guide the decision to not institute criminal proceedings for assistance or services?
The need to advance the well-being of the child or young person, or their family, whanau, hapu, or family group
This principle highlights a focus on well-being rather than punishment.
What should measures for dealing with offending by children be designed to strengthen?
The family, whanau, hapu, iwi, and family group of the child or young person
Strengthening family support is essential in youth justice.
What ability should be fostered in families, whanau, hapu, iwi, and family groups?
The ability to develop their own means of dealing with offending by their children and young persons
This promotes self-determination in addressing youth offending.
What is the preferred outcome for a child or young person who commits an offence?
They should be kept in the community as far as practicable while ensuring public safety
Community-based measures are prioritized to support rehabilitation.
What role does a child’s age play in determining sanctions?
A child’s age is a mitigating factor in deciding whether to impose sanctions and the nature of those sanctions
This recognizes developmental differences in youth.
What form should sanctions take for a child or young person who commits an offence?
Sanctions should maintain and promote the development of the child within their family and take the least restrictive form appropriate
This approach supports positive development rather than punitive measures.
What should measures for dealing with youth offending address?
The causes underlying the child’s or young person’s offending
Addressing root causes is crucial for effective intervention.
What should be considered in the determination of measures for dealing with offending by children or young persons?
The interests and views of any victims of the offending
This includes encouraging the victims to participate in the processes for dealing with offending.
What impact should measures for dealing with offending have regarding victims?
Measures should have proper regard for the interests of any victims of the offending and the impact of the offending on them.
What entitlement do children and young persons have during investigations related to offending?
Children and young persons are entitled to special protection during any investigation relating to the commission or possible commission of an offence.
What must a court or person be guided by when resolving alleged offending by a child or young person?
The principles listed in subsection (2) and section 5, and the following principles:
* Reasonable and practical measures should be taken to support the child or young person to prevent or reduce offending or reoffending
* The child or young person should be referred to care, protection, or well-being services if beneficial.
Does subsection (3) apply to all Police employees?
No, it does not apply to a Police employee unless they are employed as a specialist in resolving offending by children and young persons.
Under what conditions can an enforcement officer arrest a child or young person without a warrant?
The officer must be satisfied on reasonable grounds that it is necessary to arrest the child or young person for the purpose of:
* Ensuring their appearance before the Court
* Preventing further offences.
Fill in the blank: The vulnerability of children and young persons entitles them to ______ during investigations.
special protection
