CM05 Youth Justice Flashcards
1
Q
Ages of criminal responsibility
A
- No person under 10 can be convicted of an offence
- 10-13yo can be convicted if they knew it was wrong
- 14-17 criminally responsible and trialled in youth court
2
Q
Who needs to be informed of Police action that significantly affects CYP?
A
Parents/guardians/caregivers
3
Q
What is Section 214
A
Arrest without warrant
- to ensure CYP appearance in court
- prevent further offences
- prevent loss/destruction of evidence
- prevent interference with witnesses
- AND summons would not achieve this
4
Q
What are the exceptions to Section 214
A
- If arrest is Category 3/4 and in public interest
- necessary to carry out EBA
5
Q
When must rights caution be given to CYP
A
When an offence has been admitted or proven
6
Q
Who can be a nominated person?
A
Must be 20 or over
- Parent/guardian
- Adult family member
- Any other adult selected by CYP
7
Q
When may a statement be not admissible?
A
If rights are not given in accordance with Act 221. Unless spontaneous statement
8
Q
Reporting requirements when arresting child
A
Must report to Commissioner of Police within three days. Must justify reasoning
9
Q
What are Category 3 or 4 offences?
A
Category 3 - imprisonment 2 years or more
Category 4 - very serious e.g. manslaughter life sentence
