Youth Justice Flashcards
Define a child
boy or girl under the age of 14
Define a young person
A boy or girl of or over the age of 14 and under 17
Who is excluded from being considered a young person if they are between the ages of 14 and 17?
a person who is married
What is the criminal responsibility of a child ages 10+?
they can be criminally responsible if the offence is murder or manslaughter
what is the criminal responsibility of a child aged 12-13 years?
if the offence is one (other then murder or manslaughter) which has a maximum penalty is or includes life imprisonment or at least 14 years imprisionment
What is the criminal responsibility for a child aged 12-13 years old who has previous offences?
when the child is a previous offender and commits an offence (other then murder or manslaughter) for which the maximum penalty available is at least 10 years imprisonment but less then 14 years imprisonment
What criminal responsibility does a child under the age of 10 have?
No criminal responsibility
What is the criminal responsibility of a young person who is ages 14-16?
They are criminally responsible for their actions and will be dealt with by YAS/FGC/Youth Court
What is the criminal responsibility for a person aged 17?
They are treated as an adult and protections for CYP no longer applies
What does YAS stand for?
Youth Aid Service
What does FGC stand for?
Family Group Conference
What is section 8?
If a police officer takes any action or makes any decision that significantly affects a CYP the officer shall inform, as soon as practicable, their actions and reasons for them to any parent/guardian/care giver
How can the information be given to a parent/guardian/care giver for section 8?
Can be given orally but is best in writing. (it is best to follow up a phone call with a letter)
What is section 215?
Outlines when a CYP must be informed of their rights before being questioned by an enforcement officer
How should a CYP have their rights explained to them?
In a manner appropriate to their age and level of understanding
What are some examples of when you need to give a CYP their rights under section 215?
- Reasonable grounds to suspect they have committed an offence
- Before asking the CYP questions intending to get an admission to an offence
- When, during questions, the officer forms reasonable grounds to suspect the CYP has committed an offence
- When, during questioning, the officer has decided to charge them with an offence
- On arresting the CYP
- When the CYP being questioned makes an inquiry relating to the explanation of rights, the officer must explain any of those rights as appropriate (only have to once every hour)
What is section 214?
A police officers power of arrest without warrant of a CYP
When can you arrest a CYP under section 214?
No arrest can be done unless the officer is satisfied on reasonable grounds that the arrest is necessary to:
- ensure the CYP appears in court
- prevent further offences
- prevent loss/damage to evidence
- prevent interference with witnessess
What are the exceptions to the power of arrest under section 214?
If the arrest is for a category 4 offence and the arrest is required in the public interest, or the arrest is necessary to carry out breath/blood alcohol provisions of the Land Transport Act 1998
If you arrest a CYP under section 214 what must you do?
Report the arrest to the commissioner within three days
What is a nominated person?
A person nominated by a CYP who they wish to be present when they are being questioned or when their statement is being taken
Under what circumstances can the police object to a CYPs nominated person?
PUNCA
- the person is likely to PERVERT the course of justice
- Nominated person is UNDER the age of 20
- would NOT BE AVALIABLE within a reasonable time period
- CANNOT, with reasonable diligence be found
- if the nominated person is AN ENFORCEMENT OFFICER
What are sections 221-226?
Are sections that relate to the admissibility in court of statements made by a CFP
What are the admissibility rules for a CYP statement?
No statement made by a CYP is admissible unless their rights/caution are explained AND CYP was allowed to consult with a solicitor/nominated person if they wished to AND statement was made in the presence of either a lawyer or nominated person
