OT Case law Flashcards
What case law was set in R v Kahu relating to ‘Powers under a Section 39 warrant’?
In appropriate circumstances, the holder of a warrant under s 39 may check the supplies of food in the house and open cupboards for that purpose.
What case law was set in Pettus v R relating to ‘S42 Search without Warrant?
The very high threshold for intervention without warrant under s 42, namely a
belief that removal is critically necessary to protect a child from injury or death, is
to be contrasted with the lower threshold for intervention with a warrant under s 39
or 40.
What case law was set in Police v D relating to Detention under s 48?
Section 48 of the Act is to be used for the limited purpose of returning a child or
young person to an appropriate person where the child or young person’s
physical or mental health is being, or is likely to be, impaired.
The Courts will take a dim view where police use the section for other
purposes.
What case law was set in Police v T-M relating to Arrest
guidelines under s 214, s 48?
Police should not use s48 to question CYP’s.
Police may not arrest a young person simply as a means of requiring a young person to face the consequences of offending in a Youth Court.
This is in contrast to adults who may be arrested for this purpose.
What case law was set in Police v T relating to s 214 and detention in police custody?
A single charge of shoplifting was not such as to suggest that the defendant without arrest would continue shoplifting or commit any other offence.
A person arrested in the morning ought to be
dealt with that afternoon except possibly in unusual circumstances.
The police should be particularly careful not to hold young persons in custody unnecessarily
What case law was set in Elia v R relating to s 215,
s 223?
You must give S215 rights before questioning or later questioning can be questioned for admissibility. Also if you change support persons for a CYP you must re read them their S215 rights.
What case law was set in R v K relating to s 222 and choice of nominated person?
The police should only nominate an adult when the child or young person refuses to
do so or is satisfied and the child or young
person has no one else that they wish to nominate.
What case law was set in S v Police relating to “Spontaneous admissions”, s 223?
Staff wishing to resolve cases by seeking admissions and indicating an intention not to charge should ensure that they are very specific about the boundaries of that
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