CYFS Flashcards
Oranga Tamariki Act 1989:
Under Care and Protection, the age has been redefined and changed to what for the definition of a Young Person?
Aka - what is now a “young person”?
A person of OR over the age of 14 years, but under the age of 18 years
Oranga Tamariki Act 1989:
In what new ways does the NEW Care and Protection age affect the Police?
- When we identify young people in harmful environments (ie: Section 48) … which now includes 17ys olds
- undertaking child protection investigations
Oranga Tamariki Act 1989:
Outline Section 48 … Unaccompanied Minors
When C or YP found unaccompanied, where physical or mental health is impaired, Constable may use force reasonably necessary, take C or YP AND;
(a) with CYP consent, deliver CYP to parent/guardian OR
(b) if CYP does not want to go to parent/guardian … or no parent willing or able to look after CYP … place in OT care
Placement continues until CYP agrees to return to parent etc … OR Application under section 67 … OR where CYP is in need of C and P - the expiry 5 days after CYP was placed in custody OR 3 days in any other case (whichever first occurs - ie: Sect. 42)
Oranga Tamariki Act 1989:
Youth Justice Section 208, what are the principles of the act that must guide your consideration and decisions …
(a) unless public interest, criminal proceedings not to be instituted if alternative means available
(b) criminal proceedings not to be instituted solely to provide services
(c) any measures be designed to strengthen family or foster ability to develop their own means
(d) CYP offender kept in community where practicable, weighed with public safety
(e) age is mitigating factor: whether to impose sanctions AND nature of sanctions
(f) Sanctions: take form likely maintain and promote development AND take least restrictive form in circumstances
(fa) Measures address causes underlying offending
(g) consideration given to victims AND proper regard for their interests and impact on them
(h) vulnerability of CYP entitles special protection during investigation
Oranga Tamariki Act 1989:
Outline Section 214 (1) (a) and (b) -
Arrest of CYP without warrant
And - how long to submit report to Commissioner?
SHALL not arrest without warrant unless on RG:
(a) necessary to a arrest with/w to:
- ensure appearance before court
- prevent further offences
- prevent loss / destruction of evidence or prevent interference with witnesses
AND
(b) where can be summonsed, that summonsing would not achieve that purpose
3 days to submit report including circumstances and reason
Oranga Tamariki Act 1989:
Outline Section 214 (subsection 2) (a) and (b)
(Hint * Serious offending)…
Nothing in subsection one prevents police from arresting CYP where;
- Constable has RC to suspect CYP has committed a category 3 or 4 offence, minimum penalty 14 years + AND
- Constable believes on RG that arrest required in public interest
Oranga Tamariki Act 1989:
Outline Section “214A” BOB
May arrest without warrant if:
(a) CYP has been released on bail AND;
(b) Constable believes on RG that;
- CYP has breached the condition of that bail AND
- CYP has on two or more previous occasions breached a condition of that bail (Whether or not the same condition)
Authority must be obtained from Youth Aid Sgt in first instance … or Supervising Sgt + … or Qualified Youth Aid Officer
Oranga Tamariki Act 1989:
Outline Section 234 - Custody of CYP following arrest
What constable does with YP after arrest…
(Release)
Where CYP arrested Constable SHALL
- Release the CYP; OR
- Where CYP may be bailed (Sect. 21, Bail Act - Police Bail) release them; OR
- Deliver CYP into custody of;
- any parent/guardian OR
- with agreement CYP, any Iwi or Cultural Social Service
- with agreement CYP, any other person approved by OT or Police
Oranga Tamariki Act 1989:
Outline Section 235(1) (a) to (e) - CYP arrested may be placed in “custody of Chief Executive”
(Unable to just be released under 234)
A Constable, In relation to any CYP arrested;
- must place CYP in custody of OT; AND
- must do “AS SOON AS PRACTICABLE”, AND not later than 24 hrs after arrest
Applies when, Constable believes RG:
- not likely to appear; OR
- commit further offences; OR
- loss/destruction evidence or interference witnesses; OR
- CYP arrested 214(A) and likely to continue BOB.
Oranga Tamariki Act 1989:
Outline Section 235(2) - CYP arrested may be placed in custody of Chief Executive (prescribed form) by doing what?
CYP shall be placed in OT by;
- delivering CYP to OT or delegate AND
Prescribed form;
- ID of CYP; AND
- Circumstances of arrest; AND
- Date/Time of intended appearance for Court
NOTE: No Constable to place CYP in OT care because belief CYP in need of C and P
Oranga Tamariki Act 1989:
Outline Section 236 (1) (a) and (b) - when a CYP arrested may be detained in “Police custody” and not released
Where OT (CE or Snr SW) and S/Sgt +, satisfied on RG;
- that YP who’s arrested likely abscond or be violent AND
- suitable facilities for detention not available
YP may, on signed joint certificate, be detained in Police custody for more then 24 hrs AND until appearance before Court
Oranga Tamariki Act 1989:
Outline Section 236 (2) (a) to (b) - CYP detained in Police custody
If joint certificate signed, how many days to furnish Copy of Certificate and what should the Written report state
If joint certificate signed, 5 days for OT and Police to furnish;
- Copy of Certificate
- Written report stating:
- Circumstances AND
- Duration YP detained, or likely to be detained in Police Custody
Oranga Tamariki Act 1989:
Outline Section 238 (1) (a) to (e) - Custody of CYP pending hearing (following first appearance) the court must what…
Where CYP appears in Youth Court, Court shall;
(a) Release CYP; OR
(b) Release on Bail; OR
(c) Order CYP delivered into custody of parent/guardian/care giver approved by OT;
(d) Order CYP be detained in custody of OT, Iwi SS, or Cultural SS;
(e) Order YP (NOT child), be detained in Police Custody
Oranga Tamariki Act 1989:
Outline Section 238 (2) (a) to (b) - Custody of CYP pending hearing “Specified Offence” (Sect. 29A, VR Act 2002)
Before court makes a decision … What must the prosecutor do?
If YP charged with Specified Offence;
(a) - before Youth Court makes order under 238(1), Prosecutor must;
- make reasonable effort to ascertain view victim(s) … (about Release/Bail/Custody etc); AND
- inform Court of those views; AND
(b) After Court makes order, Police must inform victim(s)
- of order made; AND
- any bail conditions relating to victims safety; OR
- Non Association or non contact
NOTE: 238(4) - Court must not refuse Bail merely because Court considers CYP in need of C and P
Oranga Tamariki Act 1989:
Outline what was held in Police v D,
Section 48 Detention - Youth found unlawfully on private property drunk, gave his details, later assaulted Police in custody in secure area, power of detention?
Purpose of sec 48 is Care & Protection
48 should have been used for returning CYP to appropriate person.
Should not have taken into secure area (cells) and by doing this police detained beyond lawful authority.
Failed to establish if youth wanted to go home.
No need to question youth.
