Who can not be a Nominated Person?
JULET or PUNCA
J - pervert the course if justice. U - under 20 L - located (cannot be located) E - Enforcement Officer T - time (unavailable for an unreasonable amount of time.
P- pervert the course of justice U- under 20 N- not available in reasonable time C- cannot be located A- any enforcement officer
Child or young person in need of care & protection.
A - abuse
U - guardians unwilling / unable to control.
D - differences between guardian & CYP - effecting well being.
O - offending by a child aged between 10-14 is offending to such an extent there is concern for their well being.
When can you arrest under S 214?
W - prevent interference with Witnesses.
E - prevent destruction of evidence.
E - ensure appaer acne at court.
P - prevent further offences.
Under S 215, when do you need to give a CYP their rights?
S - suspect child of committing offence.
A - asks about rights / enquires.
D - during questioning - officer forms reasonable grounds.
B - before interviewing.
A - arresting CYP
D - decide to charge
Under S 272, what are the ages of criminal responsibility?
Under 10 = no criminal responsibility.
10 + years = responsible for murder/manslaughter.
12-13 years = responsible for offences where max. Penalty is 14 yrs / life impriosonment.
12-13 years (PREVIOUS OFFENCE) = responsible for offences max penalty is 10 yrs BUT less than 14 yrs imprisonment.
14 + yrs = full responsibility.
(Just in time)
Warrant to enter / search any place - using force.
Believe CYP has suffered / likely to suffer.
REMOVE + DETAIN (force)
Place in CYP custody.
(In the poo)
Believe on reasonable grounds.
Critically necessary to protect CYP from INJURY / DEATH.
Enter & search by force.
Remove & detain - place in CYP custody.
(Out too late)
Where CYP is found by police, unaccompanied (by parent or guardian)
Situation where physical/mental health is/likely to be impaired.
A member of police (use force) to take CYP back to parent/guardian.
CONSENT OF CYP TO BE TAKEN HAS TO BE OBTAINED.
If no consent / parent etc not willing to take them, placed in CYP custody.
Children left unaccompanied.
Applied in circumstances where children are left home alone / waiting outside bars / in cars etc.
Depends on length of time / conditions.
Under what section and conditions can you arrest a CYP for breach of bail?
Arrest without warrant if
- the CYP is released on bail AND
- officer has reasonable grounds to believe the CYP is on bail and breached bail on 2 or more previous occasions.