Youth

Question 1

What are local youth strategies?

Answer 1

Alternative resolutions, FGC’s, warnings.

Question 2

Explain section 214 of the Orange Tamarijn Act 1989.

Answer 2

Don’t arrest a child or YP unless you’re to:

Ensure appearance in court.

Prevent the child or YP from commuting further offending.

Prevention, loss or distraction of evidence.

Preventing interference with any witness.

Question 3

What are the expectations of S214 of the OT act 1989

Answer 3

A constable may arrest a CYP without warrant if the CYP has committed an offence with max penalty of 14+ years and if it is in the public interest.

Question 4

What are the reporting requirements of arresting a CYP?

Answer 4

Every constable who arrests a CYP shall, within three days, complete arrest notification.

Question 5

What are the grounds for opposing bail under S239 of the OT act?

Answer 5

For a 12 -17 YO this relates to S214. Prevent interference with a witness. Prevent from absconding. Prevent further offending. Prevent loss of evidence.

17 - 18 YO the defendant must be released on bail if they have not previously been sentenced to imprisonment – only applies to remind in prison, and does not exclude being reminded and OT

Question 6

What is section 42 of the OT act?

Answer 6

Enter/search/detain where critically necessary to protect the CYP.

Question 7

What is section 48 of the OT act?

Answer 7

Unaccompanied CYP who is likely to be impaired, have a physical/mentally health issue to be detained/taken home with consent or to OT.

Question 8

What is section 208 of the OT act?

Answer 8

Unless the public interest requires otherwise, criminal proceedings should not be instituted against CYP if there is an alternative means of dealing with the matter.

Question 9

What is section 208(h) of the OT act?

Answer 9

The vulnerability of a CYP entitles CYP to special protection during any investigation relating to the commission and possible commission of an offence by that CYP.

Question 10

What is section 215 of the OT act?

Answer 10

CYP to be informed of rights before questioning.

Question 11

What is section 221of the OT act?

Answer 11

Admissibility of statements made by CYP, must be made aware of the right to be given the opportunity to instruct a lawyer, and made in the presence of a lawyer or nominated person.

Question 12

What is section 222 of the OT act?

Answer 12

A person who maybe nominated, parent/guardian, someone over 20, another adult selected by CYP, another adult nominated by Police.