Chapter 1: CYP

Question 1

What is the name of the new CYP act?

Answer 1

Children Young Persons and their Families Oranga Tamariki Act 1989

Question 2

What is the new Care and Protection age?

Answer 2

Young person: >=14 to <18 years (for the care and protection provisions)

Question 3

What is the Delegation Change for CYFS act

Answer 3

Chief Executive is responsible (instead of Social Worker) He can delegate responsibility to other people.

Question 4

Section 48 MVCOT - Unaccompanied kids - first part (1)

6 points, up till placement in custody of…

Answer 4

1. CYP unaccompanied
2. Situation where physical, mental health being/likely to be impaired
3. Constable may, reasonable force, take CYP
4. Consent - deliver into custody of parent/guardian/person normally having care
5. If - CYP doesn’t want to be returned, or no person willing/able to have custody
6. place into Custody of Chief Executive

Question 5

Section 48 MVCOT - unaccompanied kids - 2nd part (2)

Placement is sufficient authority for detention until….
4 points… regarding return of CYP

Answer 5

Placement should be sufficient authority for detention until -

1. CYP agrees to being returned - if carer willing OR
2. Application made to court for declaration under 67 (child in need of Care&Protection)
3. CYP brought before court to determine if held in custody pending disposal of the app, OR
4. Circs indicate CYP is in need of C&P, held 5 days after custody, or in any other case, 3 days after.

Question 6

Sn 208: Youth Justice Principals - (Dealing with offending)
ALL 9 PRINCIPALS

(scroll for answer)

Answer 6

a) ALTERNATIVES: No criminal proceedings against CYP if alternative means of dealing with matter
b) SERVICES: Proceedings NOT instituted against CYP solely to provide assistance/services
c) STRENGTHEN: Measures to deal with offending designed to - strengthen family AND to foster ability of families to develop own means of dealing with offending.
d) COMMUNITY: CYP kept in community - if practical and mindful of public safety.
e) AGE: Age of CYP is mitigating factor - whether to impose sanctions and the nature of such sanctions.
f) SANCTIONS: Sanctions imposed should:
- most likely to maintain and promote CYP development within family, AND
- take least restrictive form
fa) UNDERLYING: Measures must address causes underlying the offending
g) VICTIMS: Determining measures, consideration to views of victims, and regard for interests of victims and impact of offending
h) VULNERABILITY: Vulnerability of CYP entitles them to special protection during investigation

Question 7

Sn 214 CYPOT act - Arrest of CYP

WHAT Grounds must you satisfy before you arrest CYP: parts 1 OR 2 (re. type of offending)

(not 214A)

Answer 7

1) Arrest if satisfied on RG - Necessary to arrest
i) Ensure appearance court
ii) Prevent commit further offences
iii) Prevent loss/destruction of evidence, prevent interference with witnesses
- if can be proceeded against by summons, summons couldn’t achieve above purposes

2) Arrest for offence -
a) RCS - Cat4 or 3, max penalty 14yrs AND
b) RGB - Required in public interest.

Question 8

What is CYFS now called?

Answer 8

Ministry for Vulnerable Children Oranga Tamariki

Question 9

SN 214 CYPOT act - Report if CYP arrested.
Who does it go to x3
Within how many days?
What is in the report?

Answer 9

3) Within 3 days of the arrest - written report:
a) To commish if constable
b) To Chief Executive if public servant
c) To chief executive of local authority
4) Reason why CYP arrested without warrant

Question 10

Sn 214A CYPOT act - Arrest on breach of bail

GROUNDS FOR ARREST CYP ON BOB

Answer 10

Arrest without warrant

a) CYP released on bail
b) RGB - CYP breached condition AND
- CYP on 2+ previous occasions breached

Question 11

Sn 214A - Authority to arrest from who?

Answer 11

Always obtain authority from Youth Aid Sergeant or, in their absence, Supervising Sgt, or Qualified YAS officer.

Question 12

What to do if CYP breach bail - create what?

Answer 12

6D breach file for initial breach and alerts within 6D for all subsequent breaches.

Question 13

If arrest under 214A - breach bail - what can you do re. custody?

Answer 13

If RGB likely to continue breaching, must place CYP in custody of Chief Executive.

Question 14

Sn 234 CYPOT Act - Custody following arrest
What shall a constable do? X3
3rd point, Deliver to custody of who? x3

Answer 14

Arrested - constable shall:

a) Release or
b) Release on bail
c) Deliver to Custody of:
- Parent, Guardian, Person usually having care, (PGC)
- Agreement of CYP, Iwi social service, Cultural Social service
- Agreement of CYP, other person approved by Chief Executive or constable

Question 15

Sn 235 CYPOT Act - CYP arrested into custody of Chief Executive - under what grounds? x4

Before when?

Answer 15

If constable RGB CYP:

• Won’t appear before court
• Will commit further offence
• prevent loss/destruction evidence, interference with witnesses
• or arrested as per 214A - Breach of bail and likely to continue to breach

Place CYP in custody of Chief Executive ASAP and before 24hrs after arrest.

Question 16

If exercising 235 - place into custody of Chief Executive -

Must deliver CYP and present them (SW) with what ?

Answer 16

Deliver CYP to Chief Exec or delegate, 
Present with:
- ID of child
- circs of arrest
- Date and time of court

Placement is sufficient authority for detention in residence or under care of suitable person.

(Cant be exercised simply cos cop thinks CYP in need of C&P. )

Question 17

Sn 236 CYPOT Act - YP detained in police custody

1) Who has to be satisfied?
What to they have to be satisfied of? x2
On what grounds?

2) What has to be completed?

3) What is furnished then…?
To whom?
And by when?

Answer 17

1) - Chief Executive (or delegate) AND Snr Sgt +
- Satisfied on RG
- YP likely to abscond or be violent
- Suitable facilities 4safe detention not available to Ch. Exec

2) Joint certificate - Detained in Police Custody 24hrs+ until court.

3) Joint Certificate issued, 5 days from issue - furnish to Chief Executive and Commish:
a) Copy of cert
b) Report stating - circs of issue AND duration of period of detention in police custody

Question 18

Sn 238 CYPOT Act - Custody of CYP pending hearing

CYP appears before court, court shall? x5

Answer 18

1) CYP appears before Youth Court, court shall:
a) Release CYP
b) Release CYP on bail
c) Order CYP be delivered into custody of PGC or any person approved by Chief Exec
d) Detained in custody of Chief Exec, Iwi/Cultural Social Service
e) Order YP (only) detained in Police Custody

Question 19

Sn 238 - custody if commits “specified offence”

1. what must prosecutor get and inform court? x2
2. what must commissioner inform victim? x3
3. 2x points to note on this Sn.
   (Scroll for answer)

Answer 19

1. CYP commits specified offence -
   - Prosecutor must get views of Victim re. orders that can be made, which are appropriate AND
   - inform the court of these views

Commissioner must inform Victim of:

• order made
• conditions of bail, particularly those that relate to safety and security of victim or members of their family
• can require CYP not to associate with them…

NB: court can make orders even if views not obtained.
COURT can’t refuse bail cos CYP needs C&P

Question 20

C.Law - Police v D
Detention under S48 re. drunk youth detained…
(lost) x9 points to note.

(scroll for all answer)

Answer 20

D=Detention of Drunk youth S48
To station, details given, not passed to transporting officers. Asked for details while processing, got violent, charged assault police.

Defended - Youth unlawfully detained

NOTED

• 48 is for C&P - interests of child are first
• No detention authorised
• Minimise harmful experiences - like cells
• reasonable to take to station as intermediate step
• failed to minimise harm taking him to processing
• detained beyond lawful authority by taking to secure area
• failed to ascertain whether preferred to go home
• no need to question further as they had grandmother’s details
• courts will take DIM VIEW of unlawful detention under 48 *

Question 21

C.Law - Police v T-M
Arrest guidelines 214 and misuse of Sn48 - re. 41’s
x5 points to note.
(scroll)

Answer 21

Lots of 41’s in Whangarei, T known as a youth offender found out in early hours of morning, S48 and returned to station “for interview”. 3 weeks later they interviewed again and K9 for burgs.

Police sought to withdraw charges due to problems with case. Counsel sought costs - $1000 paid.

DECISION

• 48 misused
• S214 considered for K9 - only if one of the 4 x things are satisfied.
• Can only rely on Sn208 (youth justice principals) if no other means to deal with the offending.
• Cant arrest only to face consequences in court
• Consult Youth Justice Coordinator first for FGC and only then, lay charges in Youth Court

Question 22

C.Law - Police v T (thief)
214 and detention in police custody decision x2
(lost)

Answer 22

T = Thief
14yrs, shoplifter, biscuits and chips. Cop in shop, asked to stop, he ran and was arrested. Remained in custody over 24hrs. Arrest necessary to stop committing further offences.

DECISION

• Detention was too long. Should have gone to court ASAP. Just because he was shoplifting doesn’t mean he will continue offending.
• 24+ hours in custody in police cells overnight was serious breach - don’t hold YP’S in custody unless 239(2) satisfied.

Question 23

C.Law - Police v CG
S214 and 236
(lost) decision x 5

Answer 23

GG - Girls
Girl had pink wallet stolen, descriptions given but not for CG. Group of girls spoken to and arrested for robbery.
Cops believed necessary to prevent further offending and destruction of evidence. Intimidation was likely.

DECISION - police LOST!

• Arrested for Agg Rob, but questioned only on assault.
• Girls complied with requests and didn’t try to leave.
• Girls did not know victims so no chance of intimidation.
• Detained too long, clothing removed and couldn’t breastfeed baby.
• 236 requires joint certification for detention longer than 24hrs and there was no such cert.

Question 24

Youth Justice - YP Released on bail - what must be done and discussed?

x5 (similar to adults)

Answer 24

YP may be released on bail:

• Conditions to be discussed with YP and person released to.
• YP and PGC sign bail bond to confirm acceptance of conditions
• Conditions must have clear link to offending
• Appear in court within 7 days
• Cannot be released on a summons

Question 25

Opp to bail for YP - what must you do? x3

Answer 25

• Comply with requirements of 238 (reasons for detention) and 239 (order where child detained).
• Seek immediate guidance from Youth Aid Constable or Sgt or (if unavailable) above Sgt.
• Youth Court will remand into either: CYFS custody, or Police Custody

Question 26

When you place CYP in “CYFS” custody what do you have to believe? x4

Answer 26

RGB:

1. not likely to appear in court
2. likely to commit further offences
3. lose or destroy evidence, interfere with witnesses
4. arrested under 214A (BOB and 2+ prev. breaches and likely to continue to breach)

Question 27

OBLIGATIONS When placing CYP in custody in relation to Social Worker…

3 x details in writing:

Answer 27

DELIVER to social worker ASAP, AND present details in writing in POL235:

• ID of child
• circs of arrest
• date and place of court appearance

Question 28

How long can you keep a child in police custody?

Answer 28

No provision for more than 24hours.

Question 29

Can you keep YP in police custody for more than 24hours - and what do you have to do?
WHAT does the report have to explain?

Answer 29

YES.
Joint certificate with Senior Social Worker and Senior Sergeant or above, satisfied on RG:
- Likely to abscond or be violent
- Suitable CYF facilities unavailable

Furnish report in 5 days to Commissioner explaining:
Copy of joint cert
Circs of issue
Duration detained or likely to be detained.