CM05 Youth Justice

Question 1

When you are dealing with a child or young person for a suspected offence, you will do one of the following:

Answer 1

• warn them and report to Youth Aid
• report them to YAS with a view to further action for example, Alternative Action- a type of youth diversion. An intention to charge FGC is also possible.
• arrest them – if the statutory criteria in section 214 are met.

Question 2

Section 4A(2) of OTA directs that, where children or young persons are being dealt with for alleged offending there are four primary considerations that a court or person must be guided by. What are they?

Answer 2

i) the well-being and best interests of the child or young person
ii) the public interest (which includes public safety)
iii) the interests of any victim
iv) the accountability of the child or young person for their behaviour

Question 3

Age of criminal responsibility – section 272(1)
What are the only 3 situations which show proceedings may
lawfully be commenced against a child alleged to have committed an offence?

Answer 3

(a) Child 10 years +
The offences of murder or manslaughter

(b) Child 12 &13 years
The offence is one (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years.

(c) Child 12 – 13 years
The child has either been convicted of or declared in need of care and protection after committing an offence for which the maximum penalty is 14 or more years and now commits an offence for which the penalty is at least 10 years but less than 14 years.

Question 4

What does Section 21, Crimes Act 1961 state?

Answer 4

No person under 10 years of age shall be convicted of an offence.

Question 5

What does Section 22, Crimes Act 1961 state?

Answer 5

No person of the age of 10 but under the age of 14, shall be convicted of any offence unless they knew the act or omission was wrong or that it was contrary to law

Question 6

If a young person breaks the law they will be criminally responsible
for their actions. Who will they be dealt with by?

Answer 6

YAS, and / or a FGC and / or the Youth Court.

Question 7

Section 218 of the OTA 1961 Act states what?

Answer 7

Requires that every explanation of rights given to a child or young person under the Act must be given in a manner and in language that is appropriate to their age and level of understanding.

Question 8

A statement will not be admissible unless rights are given in
accordance with the Act (section 221) However, which section provides statements to be admissible without rights given?

Answer 8

Section 223- An oral statement made spontaneously and

before an enforcement officer has had a reasonable opportunity to comply with the requirements of that section.

Question 9

Section 215 of the OTA 1961 states when a CYP must be advised of their rights. Please list these;

Answer 9

Before questioning- when you have reasonable grounds to believe they have committed an offence

Whenever a CYP asks about their rights

When you decide you have sufficient evidence to charge CYP

At the time of arrest upon the offender

Question 10

When dealing with a CYP for suspected offence. What are the four things you may do?

Answer 10

Do nothing

Warn CYP and report matter to YAS

Investigate and report to YAS for their action

Arrest them (if section 214 criteria is met)

Question 11

When can criminal proceedings commence for a child under 10?

Answer 11

NIL

Question 12

When can criminal proceedings commence for a child 10 years+?

Answer 12

When it is murder or manslaughter

Question 13

When can criminal proceedings commence for a child of 12- 13 years?

Answer 13

When an offence (other than murder or manslaughter) for which the max. penalty is 14+ years

Question 14

Police can warn offenders if they believe this course of action is sufficient under what section in OTA?

Answer 14

Section 209 of OTA 1989

Question 15

What are your duties found within section 229 of OTA?

Answer 15

Whenever you arrest a child or young person or take them to the police station for questioning, you must notify the parents and other persons nominated by the child or young person.

Question 16

Section 222 sets out who is suitable as a nominated person. Please list who is suitable;

Answer 16

• A parent or guardian of the child or young person;
• An adult member of the family, whänau, or family group of the child or young person;
• Any other adult selected by the child or young person.

Question 17

What does section 214 of OTA 1989 state?

Answer 17

Arrest of child or young person without warrant. Where, under any enactment, any enforcement officer has a power of arrest without warrant, that officer shall not arrest a child or young person pursuant to that power unless that officer is satisfied, on reasonable grounds.

Use WEEP as a guide;
Witness (protect)
Ensure appearance in court
Evidence
Prevent further offending

Question 18

What are the exceptions to section 214 OTA 1989?

Answer 18

If the offence carries a maximum penalty of life imprisonment or at least 14 years imprisonment and it is in the public interest.

Breath/ blood provisions of the Land Transport Act 1998

*Note- must report to Commissioner within 3 days

Question 19

Oranga Tamariki Act Arrest of child or young

person in breach of bail condition is found in what section?

Answer 19

Section 214A

A constable may arrest a child or young person without a warrant if—

a) the child or young person has been released on bail; and
b) the constable believes, on reasonable grounds, that—
i) the child or young person has breached a condition of that bail; and
ii) the child or young person has on 2 or more previous occasions
breached a condition of that bail (whether or not the same condition)

*Note- Approval required to arrest under section 214A
Must have approval from a Youth Aid Sergeant, or in their absence, from your own supervising Sergeantn(or above) or a qualified Youth Aid officer

Question 20

Admissibilty rules under Section 221;

Answer 20

No statement made by a child or young person is admissible
UNLESS
Rights / Caution explained
AND
Child or young person allowed to consult with lawyer or nominated person or both if they wish to
AND
Statement made in presence of (one of the following):
− Lawyer
− person nominated by child or young person

Question 21

Whenever you arrest a child or young person or take them to the police station for questioning, you must notify the parents and other persons nominated by the child or young person under what section?

Answer 21

Section 229 OTA 1989

Question 22

Under Section 229 of OTA 1989. Police must inform what as soon as possible?

Answer 22

• must inform a person nominated by the child or young person and a parent or guardian that the child or young person is at the police station
• that the nominated person/parent/guardian may visit them

Question 23

Under Section 229 of OTA 1989. What is the nominated person/parent/guardian is entitled to?

Answer 23

• visit the child or young person at the police station
• have the child or young person’s rights explained to them (as soon as practicable after arrival at the police station and in language they can understand)
• consult privately with the child or young person

Question 24

Please state who is suitable as a ‘nominated person’ under Section 222;

Answer 24

• A parent or guardian of the child or young person
• An adult member of the family, whänau, or family group of the child or young person
• Any other adult selected by the child or young person.

Question 25

An “Adult” (except for a parent or guardian) suitable of being a nominated person must be what age?

Answer 25

20

Question 26

What are examples in which Police can

object to the chosen nominated person? 222(2)

Answer 26

• If the nominated person would attempt, or would be likely to attempt, to pervert the course of justice. (This would apply where the child or young person nominates a co-offender). However, the mere fact that a person has a conviction does not make them an unsuitable nominated person.
• If the nominated person cannot, with reasonable diligence, be located.
• If the nominated person would not be available within a period of time that is reasonable in the circumstances.

Question 27

What does the POL 258 outline?

Answer 27

• details of offence
• basic details of the offender - verified by parents, etc.
• basic details of the parents
• who was informed of the police action and how and when they were
informed (section 5)
• details of the victim