Children and young persons Flashcards
(12 cards)
Under section 48 of the CYPF Act
What conditions must be made to take a young person?
Found unaccompanied
In a situation where their physical or mental health may be impaired
Take the child
AND
with consent deliver to parent
Without consent delivered to OT
If a child young person is taken under section 48, and placed in the care of OT because they did not want to return home
How long can they stay there?
Until they agree to go home
A care and protection order granted
Or if OT determines that there are care and protection issues - 5 days
What are the guiding principles around the prosecution of children and young persons under section 208?
Proceedings should not be instituted (unless in the public interest) if there is an alternative way
Proceedings should **not be instituted to advance other services
Measures to deal with offending should strengthen the family
Any CYP who has offended is kept in the community unless unsafe
Age **is a mitigating factor re: sanctions imposed
Sanctions should be the least restrictive
Measures should address the underlying causes of offending
Measures should take into account victims views (restorative justice)
A police officer must not arrest a child or young person unless
It is necessary to :
- Ensure appearance before the court.
- Prevent further offending.
- Prevent loss or destruction of evidence.
- Prevent interference with witnesses.
and a summons would not achieve the above
Upon the arrest of a CYP, police must enter a______?
How long do police have to submit the _____?
- YOUTH
Police have THREE DAYS to submit the notification
What conditions must be met before arresting a CYP for breach of bail?
You must believe on reasonable grounds that a breach of bail has occurred
AND
Two previous warnings for breaches exist
Any breaches prior to a court appearance do not count as qualifying breaches for arrest
Who’s approval must be sought before making an arrest of a CYP?
Youth aid Sergeant
Youth aid officer
NCO
Outline the the youth Bill of Rights
When would you give them?
You would give the youth Bill of Rights before questioning and after arrest
NOT UNDER ARREST:
Power to arrest if name is refused, and you cannot summons
Not obliged to accompany for questioning
Can withdraw consent at any time
ARREST:
No obligation to give statement and can withdraw consent at any time
Statement can be used in evidence
Entitled to give statement in the presence of and consult and instruct a Lawyer or nominated person
After arresting a CYP, what are the three options that Police have in dealing with them?
Release
Release on bail
Deliver to the care of a parent or with agreement iwi or social service
What are the conditions that must be satisfied for continued detention of a CYP?
For example, what are the conditions for a youth OTB
Not likely to appear before the court
Prevent reoffending
Prevent loss and destruction of evidence
Prevent interference with witnesses
Or continue breaching bail
If grounds are met to remand a CYP in custody, what is the timeframe that the CYP must be placed in OT custody?
24 hours
Little Johnny has been arrested for aggravated robbery and upon going to court. There are no beds available with OT.
In order for him to stay in the Police cells from within than 24 hours what is required?
What must this item outline in detail?
A joint certificate signed by a senior sergeant/inspector and OT
It must outline the reasons for the continued detention and the risk that the person may offer continued violence or abscond
