Children, Young Persons and their Families Act 1989

Question 1

8

Answer 1

YJ 8: If a police officer takes any action that significantly affects CYP office shall inform parent.

Question 2

What section outlines which CYP are in need of care and protection?

Answer 2

CP 14(1)(a-i): Identifies CYP in need of care and protection in terms of the Act

Question 3

39

Answer 3

CP 39: Place of Safety Warrant: Authorised by warrant, ENTER and SEARCH (by force), believe CYP has suffered, or is likely to suffer, REMOVE or DETAIN (by force), PLACE (CYFS).

Question 4

42

Answer 4

CP 42: Search without warrant: CRITICALLY NECESSARY (GHB or death), ENTER AND SEARCH (by force), REMOVE or DETAIN (by force), PLACE (CYFS)–obligations: 1. Produce evidence of identity 2. State they are using section 42… 3. Within three days inform Commissioner.

Question 5

48

Answer 5

CP 48: CYP Found unaccompanied: FOUND UNACCOMPANED, situation WELL BEING LIKELY TO BE IMPAIRED, TAKE, DELIVER, home (if no consent or unwilling to take CYP then), PLACE (CYPFS). This section does not depend on public place–home alone CYP could still apply.

Question 6

214

Answer 6

YJ 214: Powers of arrest without warrant of CYP:

WEEP to arrest CYP.

EXCEPTION: if the arrest if for 14 year max penalty AND the arrest is required in the public interest OR necessary to carry out EBA procedures OR 214A

You MUST report arrest to the Commissioner within 3 days.

Question 7

214A

Answer 7

YJ 214A:

May arrest if CYP released on bail,

breached bail conditions

AND has breached previously 2 or more times of that bail (not need to be same condition but for same offence).

NEED approval from a Youth Aid Sergeant or in their absence, from your O/C or a qualified Youth Aid Officer

Question 8

What section requires that CYP have their rights explained to them?

AND

In what way should their rights be explained to them?

Answer 8

YJ 218: CYP have right for information explained to them in a manner/language that is appropriate to their age and level of understanding.

Question 9

When must CYP be informed of their rights?

Answer 9

i) When there are reasonable grounds to suspect the child or young person has committed an offence, (Section 215).
ii) Before asking the child or young person questions intended to obtain an admission of an offence, (Section 215).

iii ) When, during questioning, the officer forms reasonable grounds to suspect the child or young person has committed an offence, (Section 215).

iv) When, during questioning, the officer has decided to charge the child or young person, (Section 216).
v) On arresting the child or young person, (Section 217).
vi) Where a child or young person being questioned in relation to their involvement in any offence, makes any inquiry relating to the explanation of rights. The police officer must explain any of those matters as may be appropriate to the inquiry, (Section 215A).
vii) No explanation need be given if the same explanation has been given in the last hour, (Section 219).

Question 10

All statements are inadmissible from CYP unless the officer does what?

Answer 10

Rights / Caution explained
AND
Child or young person allowed to consult with solicitor and/or nominated person if they wish to
AND
Statement made in presence of (one of the following): Lawyer and / or person nominated by child or young person
(Police may disallow nominated person in certain circumstances).

Question 11

Section 222 allows a CYP to nominate someone present for questioning.

When can Police object to a nominated person?

Answer 11

If the nominated person would attempt, or would be likely to attempt, to pervert the course of justice.

If the nominated person cannot, with reasonable diligence, be located.

If the nominated person would not be available within a period of time that is reasonable in the circumstances.

Question 12

What is the exception to inadmissible statements made by CYPs?

Answer 12

YJ 223: Spontaneous Statements: Oral statements made by CYP before pigs have reasonable opportunity to comply with Act

Question 13

What must you do when a CYP has been arrested or taken to the station for questioning?

Answer 13

YJ 229: When CYP arrested/taken to station for questioning, must notify parents/nominated person.

Question 14

According to the CYPF Act, an adult is 17 years or over. How are 17 year olds treated in terms of their rights and which court they go to?

Answer 14

Are read adult caution rights and go to youth court.

Question 15

When removing CYP from a home, what principles apply?

Answer 15

i) CYP should be removed as last resort
ii) The alleged offender should be removed whether possible rather than CYP, if necessary to protect CYP
iii) If police remove alleged offender, order must be put in place to protect CYP, e.g. bail conditions
iv) A CYP cannot be removed unless there is a risk of serious harm

Question 16

What are your options when dealing with a CYP for a suspected offence?

Answer 16

i) warn them
ii) report them to YAS
iii) arrest them (if 214 applies)

Question 17

What age shall a person not be convicted of an offence?

Answer 17

Under 10.

Question 18

No person of which age shall be convicted of any offence unless they knew the act or omission was wrong or contrary to law?

Answer 18

10-13

Question 19

A nine year old steals some clothes and gives it to an adult gang member once outside the store.

What offence has the gang member committed?

a) Receiving
b) Theft
c) Party to theft
d) Attempted theft

Answer 19

b) Theft

Question 20

What is the youngest age a person can be convicted of murder/manslaughter, regardless if they they knew the act or omission was wrong or contrary to law?

Answer 20

10

Question 21

A child is aged 12 or 13, which offences can they be criminally responsible for (other than murder/manslaughter and regardless of whether they knew the act or omission was wrong or contrary to law)?

Answer 21

Max penalty available includes life imprisonment for at least 14 years.

OR

If the 12-13 year old is a previous offender and the offence is one for which max penalty available includes imprisonment for at least 10 years but less than 14 years,

Question 22

Which police officer will give a warning to a CYP?

Answer 22

The officer attending the scene of any offence.

The officer will submit a file to be forwarded to YAS.

Question 23

When is a warning given?

Answer 23

Section 209:

Where it is sufficient.

And where to institute criminal proceedings against a CYP would be inappropriate.

Question 24

When is a warning not appropriate?

Answer 24

Section 209:

Seriousness of the offence,

and the nature and number of previous offences

Question 25

Who is a suitable as a ‘nominated person’?

Answer 25

Section 222:

A parent or guardian of the child or young person;

An adult member of the family, whänau, or family group of the child or young person; or

Any other adult selected by the child or young person. (Adult = 20 years or over)

Question 26

What happens if the CYP refuses or fails to nominate any person?

Answer 26

An enforcement officer may nominate, for this purpose, any adult so long as that adult is not an enforcement officer.

Question 27

What do you do in the following situation;

Young person is arrested and charged with an offence

Answer 27

Bring before the youth court as soon as possible
Release without charge
Release on bail

Question 28

What do you do in the following situation;

Young person is arrested and charged but court not open

Answer 28

Release on bail or hold in custody
Note:
If the child or young person is to be held in police custody for more than 24 hours, you must get a joint certificate signed by a senior social worker and senior police officer (senior sergeant rank)

Question 29

What do you do in the following situation;

Child or young person arrested but is not or cannot be charged with an offence; for example, under 10 years of age

Answer 29

Release to parents, guardian or “cultural authority”
Release to any other suitable person or organisation approved by CYFS or police for the purpose, providing the child or young person agrees

Question 30

What do you do in the following situation;

Police believe child or young person, who has been arrested, may: WEEP

Answer 30

Place into the custody of CYFS within 24 hours

Question 31

What do you do in the following situation;

Arrested child or young person may abscond from CYFS custody or be violent and CYFS do not have a suitable, secure facility

Answer 31

Police may hold the child or young person until the court appearance
A senior sergeant or officer must approve/agree and sign the authorising certificate

Question 32

4(f)

Answer 32

YJ 4(f): act’s main principle, where CYP commits offence: they are dealt with in away that acknowledges their needs.

Question 33

6

Answer 33

CP 6: The welfare and interests of the child or young person shall be the first and paramount consideration.

Question 34

Can a CYP nominate someone who has a criminal conviction as their nominated person?

Answer 34

Yes.

The CYP WOULD NOT be allowed to have a CO-OFFENDER as their nominated person.

However, the mere fact that a person has a conviction does not make them an unsuitable nominated person.