1. Children, YP and their Families (Oranga Tamariki) & Family Harm

Question 1

Section 48 – Unaccompanied children and young persons

Answer 1

If you find a child/YP unaccompanied (no parent or guardian), and their physical or mental health is being impaired (or likely to be impaired), a constable can:
1) take the child/YP home to parent/guardian if the child consents
2) If no consent, or if the parents/guardians do not want the child/YP back, you can place/deliver the child/YP to the custody of the chief executive.

Question 2

Section 48 - If the child/yp is placed into the custody of the Chief Executive, they have to stay there until:

Answer 2

1) They agree to return to their parent/guardian
2) They appear in Court and the Court determines where they stay.

Young person is 14 - 17 years.

Question 3

Youth Justice - Section 208 principles. What are they?

Answer 3

The Court must be guided by the following principles:
1) Unless in the public interest, criminal proceedings should not proceed if there is an alternative way to deal with the matter.
2) Criminal proceedings should not occur just so assistance/services can be delivered to child and family.
3) Any measures for dealing with offending should be designed to strengthen family.
4) Child should be kept in the community so far as is practicable.
5) Age is a mitigating factor.
6) Any sanctions should promote development of the child and take least restrictive form appropriate.
7) Any measures should address the causes underlying the offending.
8) Consideration to victim views or interests.
9) Vulnerability of child recognized during investigation = special protection.

Question 4

Section 214 - Arrest of a child/YP without warrant.
An officer shall not arrest a child unless satisfied, on reasonable grounds….

Answer 4

It is necessary to:
1) Ensure appearance in court
2) Prevent child/YP from committing further offences.
3) Prevent loss/destruction of evidence
4) Prevent interference with any witness.
5) When summons would not be appropriate because of points 1-4.
6) Category 3 or 4 offence where max penalty is life or 14 years imprisonment.
7) Believes on reasonable grounds that the arrest of child/YP is in the public interest.

Question 5

If you arrest a child/YP without warrant you have 3 days to do what?

Answer 5

*Youth - Furnish report to Commissioner of Police stating reason why the Child/YP was arrested without warrant.

Question 6

Describe rules of breach of bail in relation to a child/YP

Answer 6

You can only arrest a child/YP for BOB if:
1) The child/YP is on bail and
2) You believe that the child/YP has breached a condition of that bail and has committed 2 or more previous breaches of that bail (whether or not same condition).

MUST GET AUTHORITY FROM YOUTH AID SGT TO ARREST. IF CONSTABLE BELIEVES CHILD/YP WILL CONTINUE TO BREACH BAIL, MUST PLACE IN THE CUSTODY OF CHIEF EXECUTIVE.

Question 7

What options do you have after arresting a Child/YP?

Answer 7

1) Release the child/YP
2) Release child/YP on bail conditions
3) Deliver child/YP to parent/guardian - or
4) With agreement of child/YP, deliver child/YP to iwi social service or cultural social service, or any other person approved by Chief Executive or a Constable for that purpose

Question 8

Can a child or young person be arrested for care and protection purposes?

Answer 8

No.
YOU CANNOT ARREST FOR CARE AND PROTECTION PURPOSES ONLY.

Question 9

Can a child/YP be kept in Police custody for more than 24 hours?

Answer 9

There is no provision for keeping a CHILD in Police custody for more than 24 hours.

If a YP is arrested and is likely to abscond or be violent, and there is no other facility that can hold the YP, that YP may with a JOINT CERTIFICATE, be detained in Police custody for a period longer than 24 hours until they appear in Court.

Must report within 5 days to Commissioner of Police why certificate issued and duration of detention or likely detention of YP in Police custody.

Question 10

What must a prosecutor do when a youth or child has been placed before the youth court under a sec 29A Victims Rights Act 2002 specified offence?

Answer 10

The prosecutor must make all reasonable efforts to ascertain views of each victim, and inform the Court of those views.

Question 11

Can the Court oppose bail on a child merely to provide care and protection?

Answer 11

No

Question 12

Police V D, Kaitaia Youth Court.
What was the learnings regarding section 48?

Answer 12

Section 48 of the OT act is to be used for the limited purpose of returning a child to an appropriate person. It only allows Police to take, not detain. If the child does not want to return home, the child shall be placed in the custody of the Chief Executive by delivering them to a social worker.

Question 13

Police v T, Whangārei Youth Court. What was Judge Boshier’s guidelines under section 214?

Answer 13

1. Do not use section 48 for the purpose of taking a child into custody who is suspected of having committed a crime.
2. Only arrest if section 214 would permit it (e.g. ensuring appearance at court, preventing further offending or preventing loss of evidence/witnesses).
3. Do not charge unless there is no other means of dealing with the matter.
5. Police may not arrest a young person simply as a means of requiring young person to face the consequences in Court.
6. An FGC is preferable. At the FGC, decisions can be made as to whether to charge.

Question 14

What happened in Police v T where a 14-year-old boy was arrested and detained after shoplifting?

Answer 14

The boy was detained for over 24 hours before appearing in Court. Police submitted that the arrest was necessary to stop further offending.

The Court decided that the arrest was in breach of the spirit of section 214. There was a breach of his bill of rights due to the delay in Court appearance, and his overnight stay in custody was a serious breach of the law.

Question 15

Police versus CG.
Aggravated robbery of pink wallet by three youths. Photos later taken of youths.
Police arrested youths and stated they did so to prevent further offending and loss of evidence. What was found by the Court?

Answer 15

While arrested for aggravated robbery, youths were only questioned regarding the assault - no questions on the whereabouts of the wallet.
The youths were compliant and did not threaten to ‘walk away’.
There was no risk of intimidation and they did not know where the victims lived.
The Court concluded there was no reasonable grounds to arrest.
The charges were dismissed.

Question 16

Releasing a child or young person on bail. What are the rules?

Answer 16

A young person can be released on bail under section 21 of the Bail Act 2000.
Conditions can be imposed but must be agreed to by person looking after the child.
The youth must appear in Court within seven days.
Bail conditions must be appropriate / have a reasonable link to the current charges and criminal and bail histories.

Question 17

Can you oppose bail for a child or young person?

Answer 17

Yes, but you must seek immediate guidance from a Youth Aid officer if you want to oppose bail of anyone 12 to 17 years. Bail opposition must comply with strict requirements.

Police must attain victims views and inform the victim of any orders made by the Court and if child or young person was bailed.

Question 18

What must you do if placing a child in OT custody following arrest?

Answer 18

Sec 235, OT Act 1989;
If child or YP is arrested and you have reasonable grounds to believe the CYP will fail to appear in court, may commit further offending, or it is necessary to prevent loss or destruction of evidence, or interference with witnesses…

The child must be placed in the custody of the Chief Executive of OT asap and no later than 24 hours after arrest.

You must deliver the child to the social worker, give details of identity, circumstances of the arrest, and the date and time of the attended Court appearance.

Question 19

Can you hold a child in Police custody for more than 24 hours?

Answer 19

No.

A young person may be detained in Police custody for more than 24 hours or until their appearance in Court, only if a joint certificate has been signed by the OT Chief Executive and Senior Sergeant. It is only justified if both parties believe the young person is like to abscond or be violent, and there is no suitable facility to detain the young person.

Question 20

Section 214A - Arrest of a child or young person in breach of bail condition

Answer 20

You can arrest a child or young person without a warrant if;
They have been released on bail.
You believe on reasonable grounds that child / young person has breached a condition of that bail.
The child or young person has on two or more previous occasions breached a condition of that bail whether or not the same condition.