CYF''s & Family Violence

Question 1

s39 Place of Safety Warrant - who can issue one?

Answer 1

Any District Court Judge or

Any Issuing Officer (as defined in s3 S&S Act)

Question 2

What does s39 allow you to do?

Answer 2

Allows any Constable or Social Worker to search for a child or young person (14-17)

Question 3

What is s39 (2)?

Answer 3

Allows Constable or Social Worker to apply in writing for a s39 warrant

Question 4

What is s39 (3) (a)?

Answer 4

Any person authorised by s39 Warrant, search for child or young person.

Enter by force if person believes on reasonable grounds that child or young person has suffered ill treatment

Question 5

What is s 39 (3) (b)?

Answer 5

(i) Remove or detain by force child/young person, place in custody of Chief Executive.
(ii) If child/young person in hospital direct medical superintendent to keep child/young person in hospital.

Question 6

What is s 39 (4)?

Answer 6

Where child/young person directed to stay in hospital (3 b ii) shall be deemed placed in custody of chief executive

Question 7

What is s 42 Search Without Warrant (1) (a)?

Answer 7

Any Constable believes reasonable grounds protect child/young person, from death injury enter by force if necessary, dwelling etc

Question 8

What is s 42 Search Without Warrant (1) ( b)?

Answer 8

Remove detain child/ young person by force if necessary place in custody of chief executive

Question 9

What is s 42 (2) (a) (b)?

Answer 9

Every constable exercised powers (sec 1), produce (ID), disclose powers, eg Sec 42

Question 10

What is s 42 (3)?

Answer 10

Every constable exercised powers (sec 1), within 3 days shall forward a written report to Commissioner of Police

Question 11

What is Section 48(1)?

Answer 11

(1) unaccompanied child/young person where physical mental health is impaired use reasonable force take child/ young person

Question 12

What is Section 48(1)(a)?

Answer 12

(1) (a) with consent of child/young person deliver custody to parent, guardian or person who usually has care of child/young person

Question 13

What is s 48 (1)(b)(i)(ii)?

Answer 13

(1) (b) ( i ) child/young person does not want to go back to guardian, parent or usual caregiver ( ii ) no one willing to have child/young person place in custody of chief executive by delivering to social worker

Question 14

What is s 48 (2) (a) (b) (c)?

Answer 14

(2) Place child/young person in custody of chief executive for detention by social worker in residence until (a) until child/young person agrees to go back to gaurdian/parent/usual person looks after (b)Sec 67 application under CYF act determining child/young person held in custody (c) Case indicates that child/young person in need of care/protection after 5 days or 3 days after the app date which ever occurs first

Question 15

What is s 48 (3)?

Answer 15

Young person over 14 but under 17

Question 16

What is Section 208 Principles?

Answer 16

Subject to Sec 5 of Act, Any Court, person,who exercises powers shall be guided by following principles

Question 17

Section 208 Principles

Answer 17

(a) Unless public interest requires, criminal proceedings should not be instituted (alternative action taken)
(b) Criminal proceedings should not be instituted to child/young person soley to provide advancement for the welfare of the child/young person, family,whanau or family group.
(c) Measures dealing with child/young person offending to be designed:
(i) To strengthen, family, whana, hapu, iwi child/young person concerned
(ii) To foster ability of whanau’s to deal with offending child/young persons
(d) Child/young person commits an offence should be kept in community unless safety of community at risk
(e) Child/young persons age mitigating factor:
(i) Whether to impose sanctions of offending on child/young person and
(ii) Nature of sanctions
(f) Sanctions imposed child/young person committs offence should:
(i) Promote maintain child/young person within , family, whanau, hapu
(ii) Least restrictive form in appropriate circumstances
(fa) Measures dealing with child/young person offending should as practicable address underlying offending
(g) (i) measures dealing with child/young person interests, views of victims (vicitms to participate in process)
(ii) Measures should have proper regard to victim, the impact of the offending on the victim
(h) Vulnerability of child/young person entitles to special protection during an investigation or possible commission of an offence.

Question 18

What is Section 214 Arrest/Child/Young Person without Warrant

Answer 18

(1) Subject to 214A,233,244 of Act. Any Enforcement Officer has power of arrest without warrant shall not arrest a child/young person unless officer is satisfied on grounds:

(a) That necessary to arrest child/young person without warrant for purpose -
(i) Ensure appearance before Court
(ii) Prevent child/young person further offending
(iii) Prevent loss destruction of evidence committed by child/young person or offence enforcement officer suspects child/young person has committed or preventing interference with witness in respect to offence and
(b) Where child/young person may proceed against by way of summons, that by way of summons would not achieve that purpose.

Question 19

What is Section 214 (2)

Answer 19

(2) Nothing in Sub (1) of this section prevents a constable from arresting a child/young person without warrant on a charge of any offence where -

(a) Constable has reasonable course suspect child/young person has committed category 4 or 3 offence which max penalty, life imprisonment or 14yrs and
(b) Constable believes on reasonable grounds that arrest of child/young person is in the public interest.

Question 20

What is Section 214 (3)

Answer 20

(3) Enforcement Officer arrest child/young person without warrant shall within 3 days furnish a written report-
(a) To Commissioner of Police
(b) Traffic Officer whom is a non sworn member to Commissioner
(c) Where enforcement officer is employee of public Service to chief executive of dept in which employee off.
(d) Where enforcement officer is officer of local authority to the chief executive.

Question 21

What is Section 214 (4)

Answer 21

Every report furnished under s 3 in respect of arrest child/young person should state rason why child/young person was arrested.

Question 22

What is Section 214A

Answer 22

(a) Child/young person released on bail

b) Child/young person has 2 or more previous breached conditions on that bail (whether or not same condition

Question 23

Law Note Oct 2013 (Ten One)

Answer 23

New Power of Arrest under S 214A, Constable may arrest child/young person if believes on reasonable grounds that child/young person has breached bail and has previously breached bail on two previous occasions.

Authority must be obtained by YAS Sgt, Supervising Sgt or Qualified YAS Officer.

Question 24

What is Section 215 (1)

Answer 24

Subject to 233 & 244 of act. Child/young person suspected of committing an offence or before asking a child/young person questions obtain an admission of an offence explain the following -

(a) Subject to subsection (2) of this section, Circumstances such officer has powers to arrest child/young person without warrant may be arrested if refuses to give name, address child young/person cannot be served a summons.
(b) Subject to sub (2), child/young person is not obliged to accompany officer to any place for questioning and if child/young person consents they can withdraw at any time.
(c) Child/young person under no obligation to make statement.
(d) If child/young person gives statement that consent can be withdrawn at any time.
(e) That any statement may be given in evidence in any proceedings.
(f) Child/young person is entitled to consult and make any statement in presence of barrister, solicitor and any person nominated.

Question 25

What is Section 215 (2)

Answer 25

(2) Nothing in paragraph (a) (b) of subsection (1) applies where child/young person is under arrest.

Question 26

What is Section 215 (3)

Answer 26

(3) Without limiting subsection (1) when questioning child/young person officer has formed a view that reasonable grounds to suspect child/young person committed an offence officer shall before continuing questioning give explanation by subsection 1

Question 27

What is Section 215A (a) (b)

Answer 27

Subject to S 233 & 244 of Act, Rights to be explained to child/young person on request, enforcement officer shall explain to child/young person matters as circumstances to particular case are appropriate to enquiry made.