Young Persons And Their Families Act 1989

Question 1

Their are 2 main parts to this act, what are they?

Answer 1

1) Care and Protection

2) Youth Justice

Question 2

What is section 214?

Answer 2

Powers of arrest: NO ARREST OF CHILDREN

Unless:

W
E
E
P

Exceptions: public interest or EBA

Question 3

In the youth justice part, define a young person.

Answer 3

A young person is between 14 yrs and 16yrs.

17 IS AN ADULT

Question 4

In the care and protection part, define a young person.

Answer 4

A young person is 14 to 18 years

So 17 yrs is included

Question 5

What is section 8 about?

Answer 5

Police must inform parents (orally and/or in writing) of any decision/action taken on a C/YP.

Question 6

What is included in sections 221-226?

Answer 6

Statements obtained are not admissible unless:

• Rights explained in a way they understand
• CYP has been given the opportunity to consult barrister / support person.
• Statement is taken in the presence of another adult.

Question 7

Describe what’s in sections 215-229

Answer 7

WHEN TO GIVE YOUTH RIGHTS

When a child is arrested or questioned their rights caution must be read in a way that they understand.

Question 8

Is a child criminally responsible for murder at the age of 9?

Answer 8

No, only when the child is of or over 10 years old are they criminally responsible for murder of manslaughter.

Question 9

Is a child criminally responsible if it is 12 and commits a serious offence?

Answer 9

Yes. A child 12 or 13 years old is criminally responsible.

Question 10

What is Section 42?

Answer 10

SEARCH WITHOUT WARRANT IF CRITICALLY NECESSARY

Any constable who believes on reasonable grounds that it is critically necessary to protect a child from injury/death you may without warrant enter and search a place to detain CYP and put in custody of CYFS.

Question 11

What is Section 48?

Answer 11

If a child is found UNACCOMPANIED:

In a situation where their mental/physical or other health my be impaired a cop may take the CYP with their consent and deliver them to a guardian or place in care of CYFs.

Question 12

What should you do if the young person doesn’t want a nominated person?

Answer 12

Elect one yourself, as you NEED one for the statement to be valid.

Question 13

Who CANNOT be a nominated person?

Answer 13

• Anyone under the age of 20
• Any police officer aside from a parent
• someone who will pervert cause of justice ie. gang member
• can’t be located or get there in a reasonable time.

Question 14

What is Section 10b of the Summary offences act 1981

Answer 14

If a child under 14 is found home alone.

Question 15

What is Section 39?

Answer 15

Place of safety warrant

Less urgent but needed to be done to remove child and place in custody of CYFS

Question 16

What is Section 6 in the care and protection part?

Answer 16

Paramount principle:

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

Question 17

Describe a child in need of care and protection: (Section 14)

Answer 17

The cyp is being abused or likely to be harmed

The cyps development and wellbeing is being or likely to be impaired or compromised

Serious differences exist between cyp and the guardians which mean cyps needs not met

Cyps behaviour means guardians can’t control them or it is harmful

Child had committed an offence which creates serious concern

Parents unwilling or incapable of caring for cyp

The parents have abandoned the cyp