Youth Justice

Question 0

Section 219 CYPFs Act 1989

Answer 0

• Alcohol/drug provisions.
• Immigration act.
• if they’ve asked for them in the past hour.

Question 1

Section 215 CYPFs Act 1989:

Answer 1

1-When they have been detained or arrested.
2-When you have RGTS the CYP has committed an offence.
3-Before questioning a CYP intending to obtain an admission.
4-When during questioning the officer gains RGTS the CYP has committed an offence.
5-When during questioning the officer decides to charge the CYP.
6-When they ask a question relating to their rights.

Question 2

Section 214 CYPFs Act 1989

Answer 2

W-witness/victim protection.
E-ensure an appearance in court.
E-prevent CADD
P-prevent reoffending.

Question 3

Section 214 CYPFs Act 1989

Exceptions:

Answer 3

-Category 4 offence
AND
-arrest is required in the public interest

OR

-the arrest is necessary to carry out EBA procedures of the LTA 1998

Question 4

Section 214 CYPFs Act 1989

Reporting to whom?

Answer 4

Must report the arrest to the Police Commissioner within 3 days

Question 5

Section 221 CYPFs Act 1989:

Answer 5

No statement made by a child is admissible 
UNLESS 
Rights/caution explained
AND
CYP allowed to consult with solicitor and/or nominated person if they wish to
AND
Statement made in presence of:
-lawyer and/or
-nominated person

Question 6

Section 222 CYPFs Act 1989

Exceptions:

Answer 6

Nominated Persons

P - pervert the course of justice (co-offender or known criminal)
U - under 20 years old
N - not available in a reasonable period of time
C - can’t be located
A - another Police Officer (or enforcement officer)

Question 7

Section 222 CYPFs Act 1989:

Definition

Answer 7

Adult - person who is over 20 years.

*if the CYP refuses or fails to nominate an acceptable adult then there MUST be another adult present (not an enforcement officer) eg. Social worker, lawyer etc.

Question 8

Section 229 CYPFs Act 1989:

Answer 8

Police must inform Parent/Guardian as soon as practicable that the child is at the Police Station.
Must also inform them that they are:
-entitled to visit them
-have the CYPS right explained to them in a language they understand
-consult privately