Youth Justice

Question 1

What are the main principles under Section 4(f) of the Oranga Tamariki Act 1989?

Answer 1

• To be held accountable and encourage to accept responsibility for their behaviour.
• Dealt with in a way that acknowledges their need and that will give them the opportunity to develop in responsible, beneficial and socially acceptable ways.

Question 2

What are some of the principles of Section 208 of the Oranga Tamariki Act 1989?

Answer 2

• Criminal proceedings last resort for CYP.
• Families, hapu, iwi etc should be helped to develop their own means of dealing with offending.
• All sanctions should be least restrictive for CYP, while still appropriate.
• Victims should be taken into account when considering course to take.
• CYPs who offend should be kept in the community as much as practicable.

Question 3

What are your option when dealing with CYP offenders?

Answer 3

Warn them

Report them to YAS with a view to further action

Arrest them (only if you can satisfy the criteria in section 214)

Question 4

What is the Criminal Liability of a CYP?

Answer 4

• No person UNDER 10yrs old shall be convicted of an offence.
• No person of the age of 10 but under the age of 14 shall be convicted of any offence unless they know the act or omission was wrong.
• A person aged from 14 but under 17 is criminally responsible. Dealt with by way of YAS, FGC or youth court etc
• A person aged 17 is treated as an adult.

Question 5

What obligations do you have in regards to informing parents under Section 229 of the Oranga Tamariki Act 1989?

Answer 5

It says that we must inform a parent/guardian and a person nominated by the CYP if the CYP is arrested or has been taken to the station for questioning.

Question 6

Rules of arrest under Sections 214 & 214A of the Oranga Tamariki Act 1989 are?

Answer 6

WEEP

• To prevent WITNESS interference
• To ENSURE the CYP will appear before the court
• To prevent loss/or destruction of EVIDENCE
• To PREVENT further offences