Oranga Tamariki Act 1989 Flashcards
Section 39 (1) - What is a place of safety warrant?
Any district court judge (or issuing officer) who is satisfied on reasonable grounds that a child or young person is suffering, or is likely to suffer ill-treatment, neglect, deprivation, abuse or harm may issue a warrant authorising any constable to search for the child or young person.
(39 just in time)
S. I. T. H. A. N. D - suffer ill treatment ,harm abuse, neglect, deprivation
Section 39 (3) Oranga Tamariki Act- Allows police to
If RGB that the child is suffering, or is likely to suffer ill-treatment, neglect, deprivation, abuse or harm.
With a warrant, enter and search, by force if necessary, any dwelling house, building, aircraft, ship, carriage, vehicle, premise or place
Remove or detain by force if necessary, the child or young person and place them in the custody of the chief executive or
Where the child is in hospital, direct the Medical Superintendent of that hospital to keep that child or young person in that hospital.
Section 42 OT- Search Without Warrant - explain what you can do?
Any constable who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant:
Enter and search, by force if necessary, any dwelling house, building, aircraft, ship, carriage, vehicle, premise or place
Remove or detain by force if necessary, the child or young person and place them in the custody of the chief executive
Section 42 (2) - Explain what you must do when executing Section 42 of the Oranga Tamariki Act.
Every constable shall on first entering the place,
a) produce evidence of identity and
b) disclose the power being used to enter and search
within 3 days furnish a report to the commissioner of Police
Explain the ingredients of Section 48 - Unaccompanied Child or Young Person
S48 - “child out late”
Where a CYP is found unaccompanied by a parent or guardian in a situation which the CYP’s physical or mental health is being, or is likely to be impaired, a constable may, using such force as may be reasonably necessary, take the child or young person
a) with their consent, to a parent or guardian or other person usually having the care of the CYP
b) if the CYP doesn’t want to be returned to the parent or guardian or if the parent or guardian isn’t willing to have the CYP,
place the CYP in the custody of the chief executive
What are the 7 Principles in Section 208 of the Oranga Tamariki Act ?
YOUTH JUSTICE
1) Unless in the public interest, criminal proceedings should not occur if there is an ALTERNATIVE means of dealing with the matter
2) Criminal proceedings should not occur solely in order to provide any assistance or services to ADVANCE the welfare of the CYP, their family or Whanau
3) All measures when dealing with a CYP should be designed to STRENGTHEN the family or Whanau of the CYP and to help them develop their own means of dealing with the CYP’S offending
4) CYP should be kept in the COMMUNITY where practicable and safe for the public to do so
5) age is a mitigating factor when determining whether to impose SANCTIONS and the nature of the sanctions
6) all sanctions imposed should take the LEAST restrictive form that is appropriate in the circumstances
7) VICTIMS views should be considered
Section 214 - What grounds must exist before you can arrest a CYP?
1) Arrest only if satisfied on reasonable grounds (WEEP)
Proceeding by way of summons would not achieve that purpose
Ensure appearance in court
Evidence, (prevent destruction or loss)
Prevent further offending
And SUMMONS WOULD NOT ACHIEVE THAT PURPOSE
S214(2) - K9 C or YP without warrant: Regardless of 214(1) A constable can arrest a C or YP on a charge of any offence when what two things apply?
C or YP committed a Category 3 or 4 offences with maximum penalty at least 14 years imprisonment or life.
The constable believes on reasonable grounds that the arrest in the public Interest.
What is every officer required to do if they arrest a C or YP
s214(3)(a) - A written report /report within 3 days to the Commissioner of Police
Section 214A - when can a CYP be arrested for breach of bail?
Answer:
Yes. When the CYP has breached a condition of that bail and the CYP has on 2 or more previous occasions breached a condition of that bail (whether or not it was the same condition).
approval from ether:
1) YA Sergeant
2) Sergeant
3) YA Officer
Sections 215, 215A, 216, 217
When do you inform a CYP of their rights?
215
Before questioning a CYP whom there are reasonable grounds to suspect (RGTS) of having committed an offence
if grounds to arrest the CYP for refusing to provide details and cannot be served with a summons
215A
when questioning a CYP in relation to the CYP’S involvement in any offence
216
When an officer decides to charge a CYP
217
When arresting a CYP
Section 218 - What manner should a CYP rights be given?
In a manner and language that is appropriate to the age and level of understanding of the CYP
Section 219 - When do you not have to re-advise a CYP of their rights?
Nothing in sections 215, 215A, 216, 217 requires the rights be re-given if they were advised no earlier than 1 hour prior
Section 222
Who can be a nominated person?
When can you refuse a nominated person?
Parent or Guardian of the CYP
An adult member of the CYP’S family or Whanau
Any other adult selected by the CYP
If the CYP fails to nominate a person, then any adult (not being an enforcement officer) nominated by an enforcement officer
Grounds to refuse - When you believe that the nominated person is likely to, or will pervert the course of justice, (THIS PERSON IS AT NO TIME ALLOWED TO VISIT THE CHILD IN CUSTODY) OR
they cannot be located and reasonable measures have been taken to locate them.
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.
