Youth Justice Flashcards
What age are you criminally responsible for murder or manslaughter
Over 10 years old
Who must be informed of any police action that significantly affects a child or young person
Youth aid service
Under section 214 OT act you are allowed to arrest a child or young person because
Ensure the child or young persons appearance at court.
Prevent further offences.
Prevent loss/destruction of evidence.
Prevent interference with witnesses.
Proceeding by the way of summons would not achieve that purpose.
Or
If the arrest is category 4 or 3
Or
The arrest is necessary to carry out breath/blood alcohol provisions
When must caution rights be given to children and young people
Before questioning.
When a child or young person asks you about their rights.
When you decide to charge.
When you have arrested them.
A statement will not be admissible unless rights are given in accordance with the act.
If a child or a young person is not under arrest and you are questioning them. What must you tell them
That they are not obliged to accompany me and if you consent you can withdraw the consent at anytime
Who can be a nominated person
A parent or guardian of the child or young person.
A adult member of the family, or family group of the child or young person.
Any other adult selected by the child or young person.
The nominated person is not allowed to be an enforcement officer unless they are the parent of the child or young person
What are the rules of admissibility statements made by children or young people
No statement made by a child or young person is admissible UNLESS
Rights/Caution explained
And child or young person allowed to consult with lawyer or nominated person or both if they wish to.
And statement made in presence of either a lawyer or a nominated person
When you arrest a child what are the reporting requirements
You must submit a report to the commissioner within 3 days
What is category 3 and 4 offences
Category 3- imprisonment for two years or more, with the right to elect trial by jury.
Category 4- very serious offences listed in a schedule (e.g murder), punishable by life imprisonment or by 2 years or more imprisonment
