CM05: Youth Justice

Question 1

What are the definitions of a Child and a Young person

Answer 1

A CHILD is a person under the age of 14 years

A Young Person is a person who is of or over the age of 14 years but under 18 years

Question 2

What are the 4 options when dealing with a CYP suspected of committing an offence?

Answer 2

• do nothing
• Warn CYP and report the matter to YAS
• investigate and report to YAS for their action
• Arrest then (if s214 criteria is met)

Question 3

What are the four primary youth justice considerations?

Answer 3

• the wellbeing and best interests of the CYP
• the public interest
• the interests of any victims
• the accountability of the CYP for their behaviour

Question 4

Arrest is about CONTROLLING an offender.

If you need to control them, you can arrest a CYP of any age, as long as:

Answer 4

• you have sufficient evidence to make the arrest

- the arrest falls within the criteria of section 214 of the act

Question 5

What does ‘criminal responsibility mean’

Answer 5

deals with whether or not a court has jurisdiction to hear a charge against the CYP

Question 6

Can criminal proceedings be commenced on a Child aged under 10 years?

Answer 6

no

Question 7

Can criminal proceedings be commenced on a Child ages 10 years or more?

Answer 7

Yes, only for murder or manslaughter

Question 8

Can criminal proceedings be commenced on a Child aged 12-13 years?

Answer 8

For an offence (other than murder/manslaughter) for max penalty 14+ years

Question 9

Can criminal proceedings be commenced on a Child aged 12-13 years?

Answer 9

If previously dealt with for an offence with a max. penalty of 14+ years, and now commits an offence 10+ years

Question 10

What court does an offender appear in aged 14-17 years, ages 14-17 years at the time of filing the charge?

Answer 10

Youth court

Question 11

What court does an offender appear in aged 14-17 years, aged 18 years at the time of filing the charge?

Answer 11

youth court

Question 12

What court does an offender appear in aged 14-17 years, aged 19 years or more at the time of filing the charge?

Answer 12

district court

Question 13

What are the four times a CYP must be advised of their rights under s215?

Answer 13

• before questioning - RGTS an offence has been committed
• when a CYP asks
• when you decide you have sufficient to charge CYP
• at the time of the arrest

Question 14

What happens if you decide that warning the CYP is not a sufficient course of action, owing to the nature of the offence?

Answer 14

Can be reported to YAS for a decision on action to take. YAS complete the warning and update NIA

Question 15

If an offence by a CYP carries an penalty of 14+ years - the arrest must be reported to the comissioner within how many days?

Answer 15

3

Question 16

under s214A a CYP can be arrested with warrant if?

Answer 16

(a) the CYP is currently on bail
(b) RGTB:
- they have breached a bail condition &
- the have 2 or more times before previously breach bail conditions

Question 17

prior to arrest of a CYP under s214A aproval must be obtained for YAS/Sgt?

Answer 17

yes

Question 18

What comes under s221 of OT act 1989 about statements being admissible by a CYP?

Answer 18

No statement made by a CYP is admissible UNLESS the rights/caution are explained first
AND
CYP is allowed to consult with a lawyer or nominated person or both if they wish to
AND
Statement in made in the presence of a lawyer or nominated person

Question 19

What is spontaneous statements as described under s223 OT Act 1989?

Answer 19

An exception is made for oral statements made SPONTANEOUSLY by a child or young person before police have had a reasonable opportunity to comply with the requirements of the act

Question 20

What are the three reasons police may object to the nominated person?

Answer 20

• they are under 20 years old
• they are likely to prevent the course of justice
• they are a co-offender
• they cannot be available within a period of time that is reasonable given the circumstances

Question 21

Can and enforcement officer be a nominated person?

Answer 21

Only if they are the parent/guardian of the CYP, or

if the CYP does not nominate any person police may nominate one for them (not an enforcement officer)

Question 22

under s229, Police must inform parents/guardians whenever:

Answer 22

• Their CYP are arrested/detained
• or being questioned about an offence

A nominated person/parent or guardian is entitled to:

• visit CYP at police station
• Have the CYP right’s explained to them in a language they understand
• consult privately with he CYP

Question 23

The purpose of the OT act 1989 is to promote the well-being of children, YP and their families?

Answer 23

true

Question 24

What does section 4A(1) of the OT act state?

Answer 24

The well-being and best interests of the CYP are the first and paramount consideration

Question 25

What does s8 of the OT act 1989 cover?

Answer 25

Acknowledges that parents/guardians/caregivers have the right to be informed of any action or decision that SIGNIFICANTLY AFFECTS their CYP

Question 26

What does S9 OT act cover?

Answer 26

peoples rights for receiving info in a language they understand
an interpreter may be neccessary

Question 27

What does section 42 OT Act 1989 state?

Answer 27

if CRITICALLY NECESSARY to protect a CYP from injury or death, police may:

• Enter property/vehicle/place
• Search location
• Detain CYP
• remove CYP
• Place with OT
• Force may be used

Question 28

What does section 48 OT Act 1989 state?

Answer 28

-Found (any place) unaccompanied by Parent/guardian/caregiver
- in situation where their physical/mental health is being or likely to be impaired
you may
-WITH consent - deliver back to parents/guardian
-NO CONSENT - place with OT care

Question 29

What does s10B SO Act 1981 cover?

Answer 29

Max $2000 fine for:

• Parent/other caregiver caring for the child under 14 years
• leaves child without reasonable supervision/care
• for an unreasonable length of time or unreasonable circumstances