Standard 5 Youth

Question 1

Discussion on local youth strategies and potential resolutions available
to YAS

Answer 1

Family group conferences.

Meetings facilitated by police for both families of offender and victim.

Te Pai Oranga Rangatahi?

Question 2

Section 214 Oranga Tamariki Act 1989

Answer 2

Cannot arrest a child or young person pursuant to that power unless:
(i)
ASSURING the APPEARANCE of the child or young person before the COURT; or
(ii)
PREVENTING FURTHER OFFENCES; or
(iii)
PREVENTING the loss or destruction of EVIDENCE, or PREVENTING INTERFERENCE with WITNESSES; and
(b)
where SUMMONS NOT PRACTICABLE.

Doesn’t apply to 14 year + offences (cat 3 or 4)

Question 3

Exceptions to section 214

Answer 3

14 year + offences (cat 3 or 4)

when in breach of bail
IF:
3rd subsequent breach.

Question 4

Reporting requirements

Answer 4

Within 3 days to the commissioner (through Ten one notifications)

Question 5

Grounds for opposing bail (Youth)

Answer 5

Must have been previously imprisoned or charged with serious offending.

Question 6

S42 OTA 1989

Answer 6

Search without warrant

RGTB critically necessary to PROTECT a child from INJURY OR DEATH

ENTER and SERCH

REMOVE or DETAIN the child

PLACE in care of OT

Question 7

S48 OTA 1989

Answer 7

Unaccompanied children and young persons

In a situation in which the child’s or young person’s PHYSICAL OR MENTAL HEALTH is being, or is likely to be, IMPAIRED

Deliver to parent or guardian
Or
If no consent or not available then deliver to OT

Question 8

S208 (a) & (h) OTA 1989

Answer 8

Principles

(a) that, UNLESS PUBLIC INTEREST REQUIRES otherwise, CRIMINAL PROCEEDINGS SHOULD NOT be instituted against a child or young person IF there is an ALTERNATIVE RESOLUTION.

(H) that the VULNERABILITY of children and young persons ENTITLES a child SPECIAL PROTECTION DURING any investigation relating to an offence by that child or young person.

Question 9

S215 OTA 1989

Answer 9

Child or young person to be informed of rights before questioned by enforcement officer.

IF NOT UNDER ARREST
-If refuses to give details for summons can be arrested.
-Only accompany and speak with consent, can be withdrawn at any time.
-Entitled to nominated person

None of the above applies if under arrest.

Question 10

S221 OTA 1989

Answer 10

Admissibility of statements made by children and young persons

Nothing stated is admissible unless given rights in a manner they can understand.

Spontaneous admissions before reasonable opportunity to give rights are OK

Question 11

S222 OTA 1989

Answer 11

Nominated person

(a)
Parent or Guardian
(b)
An adult member of the family
(c)
Any other adult selected by the child or young person:
(d)
if the child or young person refuses or fails to nominate any person referred to in any of paragraphs (a) to (c), any adult (not being an enforcement officer) nominated for the purpose by an enforcement officer.

Question 12

S229 OTA 1989

Answer 12

Parents or guardians or other persons to be informed where child or young person is if taken for questioning/arrest.

Entitled to visit. Should be explained the child’s rigths.