Youth Justice Flashcards
Age:
Child:
Young Person:
Child is under 14years
Young Person is 14 to 17 years
[unless married, or civil union. They then become an adult]
Section 4 of Oranga Tamariki Act
Responsibility and Development.
The aim of s4 is to direct the way a C+YP should be dealt with relating to committed offences.
A C+YP should be held accountable and allowed, or encouraged to accept responsibility for their actions.
A C+YP should be dealt with in a way that acknowledges their level of development and understanding, to allow them to gain insight and aid in beneficial life development.
Section 208 of Oranga Tamariki Act
[Principles of prevention]
Alternatives. Inclusion. Appropriate. Victim. Public Interest.
The long term goal of working with C+YP is working to educate and avoid further offending.
Criminal proceedings should be avoided, ALTERNATIVES should be looked at whenever possible.
Familly, community, iwi groups should be INCLUDED and empowered to develop their own pathways for dealing with C+YP offending with goal to alter behaviour.
Sanctions placed on a C+YP for offending should be considered and questioned about whether they are appropriate to the circumstances around the offending.
Any measure, sanctions for C+YP offending should take account of the victim interests and the impact on them.
A C+YP offender should be allowed to remain within their community to answer and work on their offence in alternative ways wherever practical, while ensuring safety and interests of the public are considered equally.
Age of Criminal Responsibilty S272(1) Child 10yrs+ Child 12-13yrs Child 12-13yrs + [Previous Offence]
Child 10yrs+ - Murder, or Manslaughter
Child 12-13yrs - Any offence that max penalty is 14yrs+
Child 12-13yrs - [Previous offence] that penalty of 14yrs+ has been convicted. Any offence of 10yrs+ is criminal responsible.
Child under 10yrs
Child 10-14yrs
Competency and Conviction
No child under 10yrs may be convicted of an offence.
No child between 10 and 14yrs may be convicted of any offence, unless they knew the offence was wrong.
Caution Rights C+YP
Any person under 17yrs old should be read Youth Caution rights
Above 17yrs is Adult Caution Rights
OTA section 8
Dealing with C+YP and Responsibilities of Officer to C+YP guardian.
If an officer:
[Makes any decision]
+
[Any action that could significantly affect the C+YP, taking account age and levels of competency and emotional stability]
(Arresting, Warning, Issuing infringement, speaking to)
+
[Parents, or Guardian must be notified]
(What occurred, what action was taken and why)
Bill of Rights - Youth Caution
All youth - under 18 years
should be given youth rights caution.
The circumstances are the same as adult caution:
If power of arrest exists, RG2S, RG2B no questioning, or conversation should occur without a rights caution being given as soon as possible.
A C+YP should always be made aware of their right to a nominated support person, this can be anyone that would not reasonably be suspected of attempting to pervert the course of justice
OVER 20 YEARS.
Only other difference from adults caution is that extra effort should be made to fit the rights caution to the level of competency of the youth. It should not be taken for granted that a C+YP understands anything of their rights, it should be confirmed that they are aware of all stages of their rights and asked to explain what they mean.
Powers of Arrest:
Section 214
Arrest without Warrant:
[Every effort should be made to seek alternatives solutions to arrest and incarceration]
K9 should only occur to ensure WEEPS
W - Witnesses should be protected from interference and intimidation
E - Evidence that may be CADD if no K9
E - Ensure appearance at court
P - Prevent further offending
S- Summons is not an option, or available
K9 may also occur:
+14yr offence and Public Interest and Safety
To carry out EBA testing procedures
Reported to commissioner within 3 days
What must occur if a C+YP is arrested
Reported to Commissioner within 3 days
C+YP Breach of Bail
Constable may arrest for C+YP breach of bail
[If]
C+YP is ARRESTED then RELEASED on BAIL
[And]
Then, the C+YP has on RG2B BREACHED those CONDITIONS and done so on TWO PREVIOUS OCCASIONS for that SPECIFIC instance of BAIL.
Arrest for breach of bail,
[MUST]
be approved by Youth Aid Officer, or supervising Sgt.
Age at time of Offence
vs
Age when Charged
COURT JURISDICTION and CAUTION
14-16 at offence and charged BEFORE 17yrs = YOUTH COURT, YOUTH CAUTION
14-16 at offence and charged BEFORE 18yrs = YOUTH COURT, ADULT CAUTION
14-16 at offence and charged AT 18yrs, or MORE = DISTRICT COURT, ADULT CAUTION
