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sgt cpk COPY > Chapter 1.1 CYPF > Flashcards

Chapter 1.1 CYPF Flashcards

CYPF

1
Q

Outline S.39 Place of safety warrants

A

A warrant can be issued if reasonable grounds to suspect a CYP is suffering from ill treatment, neglect, deprivation, abuse or harm.
Can enter/search by force to locate CYP & deliver to CE.

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2
Q

Outline S.42 Search without Warrant

A

Constable with RGB it is critically necessary to protect CYP may enter/search/by force to remove & detain by force if necessary CYP and place in custody of CE.

Shall produce ID & powers being excercised
Shall report to Commissioner within 3 days

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3
Q

Outline S.48 Unaccompanied CYP

A

CYP found unaccompanied where physical/mental health at risk a Constable may (by force if necessary) with consent of CYP take back to caregiver, OR if no consent or if caregiver unwilling then deliver to custody of CE.

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4
Q

Outline S.208 YJ Principles

A

(a) Unless public interest cp should not be instituted against CYP if theres an alternate way of dealing with matter
(b) cp should not be instituted if solely to advance c&p issues.
(c) any measures to deal with offending should be designed to strengthen f/w/h/i & foster f/w/h/i to develop own ways of dealing with offending.
(d) CYP to be kept in community as far as practical.
(e) age is a mitigating factor when imposing sanctions & the nature of sanctions.
(f) any sanctions should maintain & promote development of CYP within f/w/h/i & take least restrictive form.
(fa) any measures should deal with underlying causes.
(g) consideration should be given to views & impact of victim
(h) vulnerability of CYP entitles CYP to special protection during any investigation,

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5
Q

Outline S.214 Arrest without warrant

A

(1) Cant K9 CYP unless:
- ensure appearance in court
- prevent further offences
- prevent loss/destruction of evidence & RCS any interference with witnesses & that a summons would not achieve the same.

(2) Can K9 CYP if RCS committed Cat 4 or Cat 3 offence with more that 14 yrs imp and the arrest required in public interest.
(3) Shall do a *youth report and state reason for K9.

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6
Q

Outline S.214A Arrest for BOB

A

Can K9 CYP if RGB CYP has 2 x BOB or more, regardless if same condition.
Must obtain authority to K9 from YAS Sgt, NCO or qualified YAO.

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7
Q

Outline S.215 CYP BOR

A

Shall before questioning a CYP explain:
(a) that you could be K9 if you refuse to provide name & address.

(b) that not obliged to accompany (if not already K9) & if you consent to do so, you can withdraw that consent
(c) No obligation to make or give any statement
(d) can withdraw consent to make a statement at any time.
(e) that any statement may be used in evidence.
(f) that entitled to speak to a lawyer or nominated person.

If during questioning you form a view that CYP has committed an offence than issue BOR again before continuing,

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8
Q

Outline S.215A Rights to be explained

A

Shall provide an explanation when a CYP seeks any clarification of S.215.

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9
Q

Outline S.221 Admissibility of Statements

A

No statement is admissible unless:

(a) BOR given in language appropriate to age/understanding of CYP
(b) made in presence of lawyer/nominated person or if CYP refuses/fails to nominate a parent/guardian/adult member of family or another adult (not Police)

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10
Q

Outline S.222 Persons who may be nominated & their duties

A
  • parent/guardian
  • adult member of family/whanau
  • any other adult selected by CYP
  • any other adult (not police) if CYP fails/refuses to nominate

Police may refuse a nominated person if RGB that person may/would pervert course of justice OR with reasonable diligence can not be located.

Duty of nominated person to ensure CYP understands what is happening during and before any questioning/statement.

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11
Q

Outline S.223 Spontaneous admissions

A

S.221 does not apply to any spontaneous admission made before an officer has had reasonable opportunity to give BOR

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12
Q

Outline S.229 Parents/guardians to be informed

A

As soon as practicable after arrival at station/arrest police to notify perwson nominated by CYP that CYP to be questioned/arrested and that CYP may be visited, AND
if nominated person is not parent/guardian then unless impracticable inform parents/guardian.

Every person that is informed is

  • entitled to visit CYP & consult privately
  • shall have explained to them in appropriate language S215 c-f
  • nothing entitles any person to consult privately if CYP is guarded by police or any reasonable condition to revent commission of a crime.
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13
Q

Outline S.231 Persons who may be nominated by CYP to be told CYP in custody

A
  • parent/guardian
  • adult member of family
  • any other adult selected by CYP
  • if CYP fails/refuses to nominate then a person selected by police

Police can refuse to inform if RGB person is likely to pervert course of justice.

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14
Q

Outline S.234 Custody of CYP following arrest

A

Shall:

  • release CYP
  • release on bail
  • deliver CYP into custody of parent/guardian/caregiver
  • Iwi Social Service (if CYP agrees)
  • any other person or organisation approved by CE or police (if CYP agrees)
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15
Q

Outline S.235 CYP may be placed in custody of CE

A

CYP can be placed in custody of CE no later that 24 hrs after arrest, IF Police have RGB

  • CYP not likely to appear in Court
  • CYP may commit further offences
  • necessary to prevent loss/destruction of evidence
  • interference with witnesses
  • CYP has been arrested under S214A and is likely to continue to breach

deliver CYP to CE with prescribed form.

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16
Q

Outline S.236 CYP may be detained in Police custody

A

A CYP can be detained for longer than 24 hrs until court if CE or S/Sgt or above on prescribed form agree that CYP likely to abscond or be violent & suitable facilities for detention not available.

If joint certificate issued must be reported to commissioner within 5 days

17
Q

What was held in R v Kahu - S.39 powers

A

That search was not a breach of S.21 BOR

That in order to believe that CYP is at risk the holder of S.39 warrant can check physical condition of CYP, living conditions, food supply and can open cupboards for that purpose

18
Q

What was held in Pettus v R S.42 - S.39 or S.40

A

S.42 is an emergency provision for instances where damage is so imminent could lead to death or serious injury. CYP could have been removed with S.39 -Place of safety warrant or S.40 where a S.67 application has been made.

19
Q

What was held in Police v D - S.48 Detention

A

S.48 should only be used for the limited purpose of returning a CYP to a caregiver if physical/mental health at risk.
S.48 only allows CYP to be taken (with their consent) home.
If CYP not wanting to go home than deliver to custody of CE - not Police cells

20
Q

What was held in Police v T-M Arrest Guidelines S.214 & S.48

A

Police invoked S.48 to take into custody and question a CYP about recent burglaries - cost awarded against Police

  • S.48 should not be used for sole purpose of taking into custody a CYP suspected of committing a crime.
  • Arrest should only be considered under S.214
  • ensure appearance in Court
  • prevent reoffending
  • prevent loss of evidence/interference with witnesses
  • Criminal proceedings should not be initiated if there is an alternative way of dealing with it
  • unless S.214 applies you have to refer for FGC
21
Q

What was held in Police v T S,214 & Police Detention

A

T stole some items from Dairy, seen by Poilce, asked to stop & threw items away. K9 for more than 24 hours before brought to court.
HELD
- continuation of arrest was breach of spirit of S.214
- failure to bring to court on same day was breach of BOR
- held for 24hrs outside scope of S.239

22
Q

What was held in Elia v R S.215 & Admissions

A

Reiterates that S.215 explanation must be given before any statement is made or given

23
Q

What was held in R v K choice of nominated person

A

It is not for Police to veto CYP choice of nominated person UNLESS person would pervert course of justice, can not be found or would not be available within a reasonable period of time

24
Q

What was held in S v Police Spontaneous admissions

A

A statement can only be spontaneous if made without external stimulus or restraint

sgt cpk COPY (9 decks)

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