Children youth & Families Flashcards
(38 cards)
At what age does a child become a young person?
14 years.
Child: 0-13yrs
Young Person: 14-17yrs
What is the requirement for a s39 Place of Safety Warrant?
RGTS cyp suffering/likely to suffer
1) Ill treatment
2) neglect
3) deprivation
4) abuse
5) harm
What action can be taken under a s39 Place of Safety Warrant?
May ENTER & SEARCH and if:
RGTB cyp has suffered/likely to suffer ill treatment/neglect/deprivation/abuse/harm…
… that person may REMOVE or DETAIN (by force if necessary) the CYP and place into custody of chief executive.
What requirement must be met to conduct a s42 Search without warrant?
RGTB that it is CRITICALLY NECESSARY to protect cyp from injury/death
What action can be taken during a s42 search without warrant?
…may ENTER & SEARCH and REMOVE & DETAIN (by force if necessary) the cyp and place into custody of the chief executive.
*Notify commissioner within 3 days
How quickly must you notify the commissioner of a s42 Search Without Warrant?
Within 3 days
What are the conditions for a s48 Unaccompanied CYP to be relevant?
CYP found unaccompanied by parent/guardian/person who has day to day care
In a situation where the CYP’s physical or mental health is being/likely to be impaired
What may a Const do with an unaccompanied CYP under s48 ?
A Constable may (using as much force as necessary) take the CYP and
A) (with CYP consent) deliver them to custody of parent/guardian… or
B) (without CYP consent or no parent/guardian willing), place the CYP into the custody of the chief executive.
How long does a child stay in the custody of OR after being delivered into their care under s48?
Until
A) the CYP agrees to be returned to parent/guardian
B) a C&P application is made to the court for determining whether to be held in custody
C) if CYP is in need of C&P, expiry of 5 days after CYP was placed into custody (or in any other case 3 days -whichever occurs first)
How long can a child remain in the custody of OT after being placed with the chief executive under s48? (i.e. refused to go home to parents)
expiry of 5 days after CYP was placed into custody (or in any other case 3 days -whichever occurs first)
What are the four primary considerations of youth justice?
1) the well-being and interests of the CYP
2) the public interest (including public safety)
3) the interests of any victim
4) the accountability of the CYP for their behaviour
YOUTH JUSTICE: What are the 9x s208 Principles of the Act?
1) proceedings shouldn’t be instituted if there are ALTERNATIVE MEANS AVAILABLE
2) proceedings shouldn’t be instituted in order to provide ASSISTANCE or services
3) measures for dealing with the CYP should be designed to STRENGTHEN THE WHANAU, and foster the abilities of the family to develop their OWN MEANS OF DEALING with offending
4) if CYP offends they should be kept in the COMMUNITY
5) CYP’s AGE IS A MITIGATING FACTOR re sanctions imposed
6) any sanction imposed should MAINTAIN & PROMOTE DEVELOPMENT and TAKE LEAST RESTRICTIVE FORM appropriate
7) measures should deal with UNDERLYING CAUSES of offending
8) interests and views of VICTIM should be considered
9) vulnerabilities of a CYP entitles them to SPECIAL PROTECTION during any investigation
YOUTH JUSTICE - if exercising a power for the purpose of resolving offending, the s208 principles apply in addition to what 2 things?
A) reasonable and practical measures should be taken to support the CYP and prevent/reduce offending
B) CYP should be referred to c&p services if they would benefit from them
What must be satisfied to s214 arrest a CYP without warrant?
Satisfied on reasonable grounds arrest is necessary to
W) prevent interference with WITNESSES
E) ENSURE appearance before court
E) EVIDENCE - prevent CADD in relation to offence
P) PREVENT further offending
And a summons would not achieve that purpose!
*NB report to commissioner within 3 days!
What is the exception to the s214 WEEP requirements?
RGTS they have committed a category 3 or 4 offence for which the penalty is 14+ yrs imprisonment
*NB report to commissioner within 3 days!
S214a when can you arrest a CYP for breaching bail?
If CYP has been released on bail and RGTB that
1) CYP has breached a bail condition and
2) CYP has breached bail 2 or more times before
Who must you get authority from to arrest a CYP for breaching bail under s214a?
A youth aid sergeant
Or sergeant in their absence
Or youth aid officer in their absence
You’ve arrested a CYP for breaching bail under s214a… what must you do if you have RGTB CYP is likely to continue breaching?
Must be placed into the custody of the chief exec (OT).
When must a youth be informed of their rights under s215?
BEFORE QUESTIONING a cyp when you have RGTS they’ve committed an offence
Also, before asking questions intended to obtain an admission of an offence
Where during the course of questioning a CYP becomes a suspect, officer must stop and explain their rights
Also, if they ask! (s215a)
What does s218 say about the language they are to be given their rights in?
CYP rights shall be given in a language/manner that is appropriate to the age and understanding of the CYP
When do you NOT have to explain a CYP’s rights to them?
Not required if the same explanation was given less than one hour before
A CYP admission is inadmissible unless what 3 conditions have been met?
- Rights were given in a language/manner that is understood
- CYP has been given opportunity to consult with a lawyer/NP before making statement
- Statement made in presence of lawyer/NP (or if they refuse to nominate a person, any other adult excluding an officer)
Who can be a Nominated Person (s222)?
A) parent/guardian
B) adult member of family
C) any other adult nominated by CYP
D) if they fail or refuse to nominate, any other adult nominated by enforcement officer (excluding enforcement officer)
What are the 2 reasons you may refuse a CYP’s nominated person?
- RGTB they would attempt to pervert the course of justice or
- RGTB they cannot be located or available in a reasonable period of time
