Youth Justice (CM05) Flashcards
Know the ages of criminal responsibility for different offence
10 years over
• The offences of murder and manslaughter
12 and 13 years
• Maximum penalty available is or includes imprisonment for life or for at least fourteen years
12 - 13 years
• Child has either been convicted of or declared in need of care and protection after committing offence with maximum penalty of 14 years or more and now commits an offence for which the penalty is at least 10 years but less than 14 years.
Identify who must be informed of any Police action that significantly affects a child or young person
Parents, guardians and caregivers have the right to be informed under the Section 8 of the Oranga Tamariki Act 1989.
Understand and apply Section 214 of the Oranga Tamariki Act 1989 and the two exceptions
Powers of arrest without warrant
EXCEPTIONS:
- If the arrest if for a category 3 or 4 offence where the max penalty is imprisonment for life or at least 14 years imprisonment and is within public interest
- Arrest is necessary to carry out breath or blood-alcohol provisions of the Land Transport Act 1998
State the circumstances in which caution rights must be given to children and young people (Under Section 215 of the Oranga Tamariki Act 1989)
- Before questioning
- When child or young person asks you about their rights
- When you have decided to charge
- When you have arrested a child or young person
- A statement will not be admissible unless rights are given in accordance with the Oranga Tamariki Act (Section 221)
The difference in the caution rights given to a child or young person when that person is under arrest, or when they are accompanying you by consent
- May be arrested if they refuse to give their name and address
- If they consent, they can withdraw the consent at any time
Who can be a nominated person?
- A parent or guardian of the Child or Young Person
- Adult member of the family or family group of the Child or Young Person
- Any other adult selected by the child
The rules about admissibility of statements made by children or young person
- Rights/caution explained
- Child or young person allowed to consult with a lawyer or nominated person or both is they wish to
- Statement made in presence of lawyer and person nominated by child or young person
The reporting requirements when arresting a child or young person
- Must report arrest to commissioner within 3 days
Know what category 3 and 4 offences refer to
Category 3
• Imprisonment for two statements or more with the right to elect trial by jury
Category 4
• Very serious offences listed in a schedule (murder or manslaughter) and is punishable by life imprisonment
