STANDARD 5: Youth Flashcards

1
Q

What is Section 214 of the Oranga Tamariki Act 1989?

A

Must be satisfied on reasonable grounds that it is necessary to arrest the child or youth without a warrant for the purpose of WEEP:
W- interference with witnesses.
E - Ensure appearance in court.
E - Interference with evidence.
P - Prevent further offending.

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2
Q

What are the exceptions to WEEP?

A
  1. Section 233 OT Act 1989 - EBA, breath or blood alcohol procedures under the Land Transport Act 1998 (treat as usual).
  2. Section 244 OT Act 1989 - Provisions of the Immigration Act 2009.
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3
Q

What are the reporting Requirements when a youth is arrested?

A

214(3) OT Act 1989 - written report to the commissioner to notify when a youth has been arrested (TenOne notification). Must be done within 3 days and outline the reason why the youth was arrested.
229 OT Act 1989 - When a youth is brought in for questioning in relation to an offence, a person nominated by them must be notified.

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4
Q

What is section 239 OT Act 1989?

A

Grounds for opposing youth bail.
Court needs to be satisfied that the young person is likely to abscond or or be violent and that there are suitable facilities in safe detention for the young person.
The court can make an application for the detention of a young person (17 years) in a prison only if:
- a joint application has been made with the chief executive and the chief executive of the department of corrections.
- the order is made to ensure the safety of the young person who is in the custody of the chief executive.
- that a youth unit is available within the prison.

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5
Q

What is Section 42 OT Act 1989?

A

Search without a warrant.
Critically necessary to protect a child or young person from injury or death.
Enter using reasonable force if necessary, remove or detain child by force if necessary.

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6
Q

What is Section 48 OT Act 1989?

A

Unaccompanied Children/Young persons.

Found unaccompanied by parent/guardian/other person who usually cares for them.

Uplift child and with their consent take them home into custody of parent/guardian.

If no consent by child or parent/guardian, and no other suitable address, contact OT and place into their custody.

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7
Q

What is Section 208(a) & (h) of OT Act 1989?

A

Youth Justice.

4 Primary considerations:
- Well-being/best interest of the young person.
- Best interest of the public/public safety.
- Interest of victims.
- Accountability of young person for their behaviour/actions.

(a) - unless public interest requires it, criminal proceedings should not be instituted.

(h) - the vulnerability of the young person entitles them to special protection during any investigation relating to the commission or possible commission of of an offence by that child or young person.

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8
Q

What is Section 215 OT Act 1989?

A

Young person to be informed of their rights before questioning.

Different to adult rights, should be explained in a language that they can understand. Give rights straight away and again in the presence of the nominated person when questioning the youth.

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9
Q

What is Section 221 OT Act 1989?

A

Admissibility of statements made by youth.

Oral or written statements only admissible if:
- prior to questioning the youth was explained their Bill of Rights in a language and manner they understand.
- the young person has been given the opportunity to consult a lawyer or other person nominated by them if they wish to do so.
- the young person gives the statement in the presence of a lawyer or a person nominated by them.

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10
Q

What is Section 222 OT Act 1989?

A

Nominated person.

  • A parent or guardian.
  • Other adult member in the family of the young person.
  • Any other adult selected by the young person.

If nominated person is likely to attempt to pervert the course of justice or they cannot be located or available within a reasonable time then the young person may be refused to consult with that person and we can nominate someone for them.

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