Youth Justice Flashcards
Child
Under 14
10 - 11 charged w MURDER / MANSLAUGHTER
12 - 13 Certain serious offences
Young Person
Over 14 UNDER 18
Can be charged with all types of offences.
OT Act - Section 8
S8 - TELL THE PARENTS ABOUT OLD MATE.
Must inform parents.
Only when SIGNIFICANTLY AFFECTS the CYP.
Section 9
S9 - SO THEY UNDERSTAND WHAT YOU’VE DEFINED
Explain to them in a way that they can understand.
For primary considerations
WELL-BEING and BEST INTERESTS of the CYP.
PUBLIC interests.
WITNESS interests.
ACCOUNTABILITY.
OT Act - Section 214
S2FOURTEEN- THE CHILD IS WEEPING
Powers of arrest.
Must be for the following.
WITNESS / Victim interference
ENSURE appearance AT COURT
EVIDENCE. Prevent loss and destruction.
PREVENT. Further offending.
There is no age restriction for arrest.
Other examples you can arrest CYP.
Refuses to give details.
Runs from the scene.
Is intoxicated and or fighting.
Threatens a witness.
If the offence has
a maximum penalty of LIFE IMPRISONMENT.
14 YEARS in prison.
PUBLIC INTEREST.
OR
To carry out EBA.
OT Act - Section 215
S21 FIVE - EXPLAIN THEIR RIGHTS
When to explain rights.
BEFORE QUESTIONING.
WHEN they ASK.
They have been ARRESTED.
Breach of bail. Can arrest when…
May arrest a CYP without warrant if.
Released ON BAIL and,
RG to arrest.
BREACHED a BAIL condition and,
TWO or MORE previous occasions.
Admissibility of statements
Section 221
S22 ONE - WHAT’S SAID CAN’T BE UNDONE.
No STATEMENT made by a CYP is admissible.
UNLESS
Caution rights EXPLAINED.
LAWYER and or NOM PER INFORMED.
Statement with LAWYER / NOM PER
SPONTANEOUS STATEMENTS. Caution rights have to be given after.
Notification parents caregivers. OT Act - Section 229 must notify.
S229 - GET PARENTS ON THE PHONE LI
Nominated person role and requirements. Section 222
Section 222
Person has to be
20 years or over
PARENT of the CYP
Adult member of FAM or FAM group.
ANY OTHER adult selected by CYP.
Police won’t accept
Has convictions
Co-offender
Cannot be located
Not available.
