What does ‘Section 39 - place of safety warrants’ cover?
Any District Court judge or issuing officer may, with a written application that satisfies them that there are reasonable grounds for suspecting that a child or young person is at risk may issue a warrant to search for that child or young person.
This application can be made by a Constable.
When executing that warrant you may enter, using reasonable force if necessary, to search and remove or detain the child to place into care of the executive or if in hospital direct the Medical Superintendent to keep the child in hospital.
Any direction issued shall deem the child placed into the care of the executive.
What does ‘Section 42 - Search without warrant’ cover?
Any Constable may enter and search without warrant, if they believe on reasonable grounds it critically necessary, to protect a child from injury or death.
If requested the constable must provide evidence of identity and advise that the powers are being used under the act and section.
The Constable must notify the commissioner within 3 days of the use of the powers.
What does ‘Section 48 - Unaccompanied children and young persons’ cover?
A child or young person who is found unaccompanied by a parent or guardian or person who normally has care of the child and is in a situation that puts or could put their mental or physical health at risk can be taken by a constable using reasonable force and placed back with a parent or guardian or other usual carer with the consent of the child.
If no consent is given by the child or no willing person is found they can be placed in the care of OT.
OT have 5 days from when the child is placed in their custody to act, or 3 days in any other circumstance
In your words what does ‘Section 208 - Principles’ cover?
This section gives guiding principles that explain that the child’s health, care and development should be taken into consideration first and foremost. It promotes keeping the child with family and in the community.
In your words what does ‘Section 214 - Arrest of child or young person without warrant’ cover?
When you have the ability to arrest an adult, if dealing with a child, you will first consider WEEP (Witness, Ensure appearance, Evidence, Prevent further offending), and consider a summons.
If the offence is Cat 3 or 4 and carries 14 years or life AND is in the public interest it overrules the above.
You must report the arrest within three days including your reason for arrest.
In your words what does ‘Section 214A - Youth breach of bail arrest’ cover?
You can arrest a child or young person who has been released on bail, if they are currently breaching bail or have breached that bail, and if they have two previous breaches entered.
Authority to arrest must be obtained from a Youth Aid Sergeant first, or if unavailable a supervising sergeant or youth aid officer.
In your words what does ‘Section 215 - youth rights’ cover?
Similar to the adult bill of rights but unless under arrest the child or young person does not have to accompany and can withdraw consent at any time if they do agree. It also adds a nominated person to the rights.
In your words what does ‘Section 215A - rights to be explained on request’ cover?
If a child questions his rights or you think he questions his rights you will explain them again.
In your words what does ‘Section 216 - Enforcement
officer to explain rights to child or young person who is to be charged with offence’ cover?
While questioning a child or young person you decide that you will charge them you must explain their rights again.
In your words what does ‘Section 217 – Rights to be explained to child or young person who is arrested’ cover?
You must give youth rights upon arrest of any child or young person.
In your words what does ‘Section 218 – Explanations to be given in manner and language appropriate to age and level of understanding of child or young person’ cover?
You must explain the rights in a way that the child or young person can understand.
In your words what does 'Section 219 – Explanations not required if child or young person already informed of rights' cover?
If you have explained the child or young person’s rights within an hour you do not have to do it again within that hour of doing so.
In your words what does 'Section 221 – Admissibility of statements made by children and young persons' cover?
This section outlines that a child or young person must be aware of their rights, be allowed to speak with a barrister or solicitor or nominated person and have a barrister or solicitor or nominated person present during any statement made, for it to be admissible.
In your words what does 'Section 222 – Persons who may be nominated for the purposes of section 221(2)(b) or (c)' cover?
A child must nominate a person to be present during an interview. This person can a parent or guardian, family member, or any other adult. If they fail or refuse the enforcement officer may nominate a person who is not an enforcement officer.
If the person they nominate is likely to pervert the course of justice or simply cant be located the enforcement officer can refuse the person, but they must be allowed to pick again.
It is the responsibility of the nominated person to ensure the child understands their rights and supports them before and after questioning and during if applicable.
In your words what does 'Section 223 – Section 221 not to apply where statement made before requirements of that section can be met' cover?
If, before an officer can comply with 221 a child or young person makes a spontaneous statement it is admissible.
In your words what does 'Section 229 – Parents or guardians or other persons to be informed where child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or is arrested' cover?
Where a nominated person is not a parent of guardian or normal care person of the child the parent, guardian, or carer will be notified of the arrest or that they are at the office for questioning, unless impractical.
They are entitled, after being explained the youth rights, to consult in private with the child.
If the child is being guarded by police, police may remain.
Or be subject to conditions to protect the child.
In your words what does 'Section 231 – Persons who may be nominated for the purposes of section 229(1)(a)' cover?
The same nomination rules apply as for statement nominations.
In your words what does 'Section 233 – Breath-alcohol and blood-alcohol provisions of Land Transport Act 1998 not affected' cover?
EBA procedure carried out the same for children and young people.
In your words what does 'Section 234 – Custody of child or young person following arrest' cover?
When a child is arrested they must be released or bailed or taken to any parent, guardian, or care person, or with the child’s consent, a social agency, or any other person or agency approved by the constable or chief executive.
In your words what does 'Section 235 - Child or young person who is arrested may be placed in custody of chief executive' cover?
If you have arrested a child or young person and believe that WEEP applies to the child, they shall be placed in the care of OT by delivering them with the childs id and circumstances including the date and time of court.
Placement in this manner gives OT the power to detain or place in residence.
A constable shall not do this simply if they believe the child needs care and protection.
In your words what does 'Section 236 - Young person who is arrested may be detained in Police custody' cover?
If a senior sergeant or above and OT agree that a child or young person is likely to abscond or be violent and OT don’t have the ability to deal with them, OT can issue a certificate that they may be detained for longer that 24 hours and until court.
If this happens the OT delegate must notify the chief executive and the Police rep must notify the commissioner withing 5 days of the cert being issued. They must include a report of the circumstances and the duration of the detention or continued detention.