Youth Justice Flashcards
A child is a boy or girl aged….
under 14
A young person is a boy or girl aged….
14 to 16; but does not include any person who is or has been married
Section 208 relates to….
youth justice principles and can be summarised as follows:
- Criminal proceedings should not be initiated if there is an alternative means
- Ability of families/whanau/iwi to deal with offending should be fostered
- Sanctions imposed should be the least restrictive as appropriate in the circumstances
- Measures for dealing with offending should have due regard to the interests of victims
- CYP who commits an offence should be kept in the community as much as practicable
Section 272 relates to….
age of criminal responsibility and can be summarised as follows:
CHILD-
Under 10 = no liability
10 or 11 = murder and manslaughter
12 or 13 = murder, manslaughter and anything carrying life or 14 years
12 or 13 with previous offence = previous offence murder, manslaughter or anything carrying life or 14 years then liable for anything 10 to 13 years
YOUNG PERSON-
14 to 16 = criminally responsible; will be dealt with by YAS/FGC/Youth Court
PERSON
17 and above is treated as an adult and the special protections for CYP no longer apply
Section 8 relates to….
police responsibilities to parents when dealing with CYP matters.
It means, if a police officer takes any action or makes any decision that significantly affects the CYP, the officer shall inform as soon as practicable of the officer’s actions and the reasons for them to any parent, guardian or person having the care of the CYP
Section 215 relates to….
when a CYP must be informed of their rights before being questioned, including
R - REASONABLE grounds to suspect CYP has committed an offence
A - ASKING the CYP questions intended to obtain an admission
R - REASONABLE grounds to suspect CYP has committed an offence, during questioning
O - OFFICER has decided to charge the CYP
A - ARRESTING the CYP
I - CYP makes an INQUIRY re rights/caution
Section 215A relates to….
where the CYP being questioned makes an inquiry relating to the explanation of rights, the police officer must explain those matters as appropriate
Section 218 relates to….
rights/caution must be explained to the CYP in both a manner and language that is appropriate to their age and level of understanding
Section 219 states….
police are not required to repeat the explanation of a CYP’s rights to them if the same rights/caution was explained less than an hour before
Section 213 states….
where a CYP is prosecuted, only the defence may disclose that the CYP has been warned or cautioned in the past. The prosecution may not admit any evidence relating to any offence for which the CYP has been warned or cautioned.
Section 214 relates to….
powers of arrest without warrant of CYP’s and can be summarised as:
W - prevent interference with WITNESS
E - ENSURE CYP’s appearance at court
E - prevent loss/destruction of EVIDENCE
P - PREVENT further offences
The exceptions are:
- Cat 4 offence and required in public interest; or
- EBA
Reporting:
- you must report the arrest to the commissioner of police within three days
Section 214A states….
you may arrest CYP without warrant if:
- has been released on bail
AND
- has breached bail condition and has on 2 or more previous occasions breached a bail condition
No statement made by a CYP is admissible unless….
Rights/caution explained
AND
CYP allowed to consult lawyer/nominated person
AND
Statement made in presence of either lawyer or nominated person
NOTE: In spite of the above, spontaneous statements are admissible
Section 222 sets out….
who is a suitable nominated person. These include:
- A parent/guardian
- Adult member of family/whanau
- Other adult selected by CYP
Police can object to the chosen nominated person if they are….
- Likely to pervert the course of justice
- Cannot be located
- Would not be available within a reasonable period of time
