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Sgt CPK > CYP&F > Flashcards

CYP&F Flashcards

1
Q

Section 39 - Place of Safety Warrants

A

Any DC Judge (or issuing officer), on app in writing, satisfied RGs for suspecting a CYP is suffering / likely to suffer:
IT
N
D
A
H
may issue a W
auth const or CE
to search for the CYP

**CE may be a social worker or other authorised person

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2
Q

Who can apply for a Safety warrant (Section 39)

A

Constable or the CE

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3
Q

Section 39 - any person executing a SW may?

A

(a) Enter and search, by force if necessary any:
DWG
BLD
AC
Ship
Carriage
Vehicle
Premises or Place

(b) believes, RGs, that the CYP has suffered / likely to suffer
IT
SN
A
SD
SH
(i) Remove or detain, BF if ness, CYP and place CYP in custody of CE;
or
(ii) Where the CYP is in a hospital,
direct the Medical Superintendent to keep CYP in that hospital.

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4
Q

CYP
Section 42 – Search without warrant

A

Any const
who B on RGs
it is critically nec to protect a cyp
from injury or death
may, wout/w

(a) E&S
by force if nec,
any dwg, bldg, aircraft, ship, carriage, mv, premises or place:

(b) Remove or detain, by force if nec,
& place the cyp in custody of CE.

Must produce evidence of ID
Disclose the powers being exercised

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5
Q

CYP - if exercising a search without warrant do you need to notify the Commissioner?

A

Yes
Within 3 days after the day on which the power is exercised, forward a written report of the exercise, power & circumstances

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6
Q

Section 48 – Unaccompanied children and young persons

A

Where a CYP is found unaccompanied
a consts may using force as may reasonably be necc
take the CYP
with the CYP’s consent to their parents/guardian
IF
the CYP does not want to be returned
or
No parent/guardian is willing to have them
Place the CYP in the custody of the CE

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7
Q

Is placement of a CYP in the custody of the CE sufficient authority for the detention of the CYP?

A

Yes

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8
Q

How long can a CYP stay in the custody of the CE?

A

The CYP agrees to return to their carer
The carer is willing to have the CYP home
An app is made to the court for a care & protection order (for the purpose of determining whether the CYP is to be held in custody
The expiry of 5 days after the day on which the CYP was placed in custody

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9
Q

Under section 48 CYP what is the age of Young Person?

A

Over the age of 14 but under the age of 18

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10
Q

Youth Justice - Section 208 (Principles)

A

unless the public interest requires otherwise, criminal proceedings should not be instituted against a CYP if there is alternative means of dealing with the matter

criminal proceedings should not be instituted against CYP in order to provide any assistance or services needed to advance the well-being of the CYP, or their family, whanau, hapu, or family group:

any measures for dealing with offending by CYP should be designed
(i) To strengthen the family, whanau, hapu, iwi, and family group; and
(ii) To foster the ability of families, whanau, hapu, iwi, and family groups to develop their own means of dealing with offending by CYP:

a CYP who commits/alleged to have committed an offence should be kept in the community, so far as is practicable & consonant to ensure the safety of the public:

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11
Q

Youth Justice - is a CYP age a mitigating factor in determining:
Whether or not to impose sanctions in respect of offending by a child or young person or
The nature of any such sanctions?

A

Yes

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12
Q

Youth Justice - what type of sanctions should be imposed on a CYP who commits an offence?

A

Take the form most likely to maintain and promote the development of the CYP within [their] family, whanau, hapu, and family group; and

Take the least restrictive form that is appropriate in the circumstances

that any measures for dealing with offending by a CYP should so far as it is practicable to do so address the causes underlying their offending

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13
Q

Should the victims views be taken into account when looking at CYP offending and punishment?

A

Yes - encouraging the victims to participate in the process

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14
Q

Does the vulnerability of CYP entitle a CYP to special protection during any investigation relating to the commission or possible commission of an offence by that CYP?

A

Yes

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15
Q

Section 214 – What grounds can you arrest of CYP without warrant

A

It is necc to arrest the CYP for the purpose of –
(i) Ensuring the appearance before the Court; or
(ii) Preventing them from committing further offences; or
Preventing the loss or destruction of evidence or
preventing interference with any witness

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16
Q

When can a constable arrest a CYP?

A

The constable has reasonable cause to suspect
that a CYP has committed a category 4 or 3 offence (max penalty is or includes imprisonment for life or for at least 14 years, and

(b) The const believes, on RGs, that the arrest is required in the public interest

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17
Q

If you arrest a CYP what do you need to do? reports etc

A

if you arrest a cyp w/out w
within 3 days of the arrest, furnish a written report –
(a) to the Commissioner of Police:
(c) if the enforcement officer is an officer/employee of the Public Service, to the CE of the Department they work:
(d) if the enforcement officer is an officer of a local authority, to the chief executive where they work.

18
Q

What information should be noted on the report to the Commissioner after arresting a CYP without warrant?

A

State the reason why the child or young person was arrested without warrant

19
Q

Section 214A – Can you arrest a cyp who is in breach of bail condition?

A

Yes
A constable may arrest a cyp w/out a warrant if —

(a) they have been released on bail; and
(b) const believes, on RGs, that —
(i) the cyp is in breach of, or has recently breached, a condition of that bail; and
(ii) the cyp has on 2 or more previous occasions breached a condition of that bail (whether or not the same condition).

(2) If a cyp appears before court and the court considers the cyps bail, no breach of bail condition that occurred before the appearance may be used to support a subsequent arrest under this section.

20
Q

Who should you obtain authority from before arresting a CYP

A

Youth Aid Sergeant in the first instance, or in their absence, a supervising Sergeant (or above) or a qualified Youth Aid Officer.

21
Q

Section 215 – How should a child or young person to be informed of rights before being questioned?

A

Before questioning any cyp whom there are RGs to suspect
of having committed an offence,
or before asking any cyp any question intended to obtain an admission,
explain to that cyp –

22
Q

Section 215 - If you have the power to arrest and the CYP does not provide their details, can they be arrested?

A

Yes

23
Q

Is a cyp obliged to accompany an enforcement officer to any place for the purpose of being questioned?

A

No

If they consent, they can withdraw their consent at any time!

24
Q

Is a CYP obligated to make or give any statement?

A

No.

However if they consent to making a statement, they can withdraw that consent at any time.

25
Q

Who can a cyp consult with before making/giving a statement?

A

a barrister or solicitor and any person nominated by the cyp

26
Q

How are the rights given to a cyp?

A

In a manner and language they understand - appropriate to their age & level of understanding.

27
Q

When should the rights be given to a cyp?

A

Arrested
Charged with an offence
If a cyp asks about their rights

28
Q

Section 219 - If a cyp is asking for an explanation to be repeated, how does a constable handle this

A

if the same explanation has been given to the cyp not earlier than 1 hour before then you are not required to give a further explanation

29
Q

Is a oral or written statement made or given to any enforcement officer by a cyp admissible in evidence

A

Before the statement was made/given, Police explained in a manner and in language appropriate to the age/level of understanding of the cyp,–

Where cyp wishes to consult with a barrister/ solicitor and person nominated before making/giving statement,

The cyp makes/gives the statement in the presence of one of the following persons:
(i) A barrister or solicitor:
(ii) Any person nominated by the child or young person in accordance with section
or
Any other adult

30
Q

Section 222 – who may be nominated for a cyp

A
  • A parent or guardian :
  • An adult member of the family, whanau
  • Any other adult selected by the cyp
  • If the cyp refuses or fails to nominate a person, any adult (not being an enforcement officer) nominated for the purpose by an enforcement officer.
31
Q

Can an enforcement officer refuse to allow a person nominated by a cyp?

A

Yes, if they believe the person will try to pervert the course of justice
or
cannot be reasonably or diligently located

32
Q

What is the duty of a nominated person for a cyp?

A

To take reasonable steps to ensure that the cyp understands the matters explained to them and

To support the cyp –
(i) Before & during any questioning; and
(ii) If the cyp agrees to make or give a statement, support them during the making or giving of the statement.

33
Q

Section 229
When should parents /guardians or other persons be informed that a cyp is at an station for questioning or is arrested?

A

As soon as practicable. Inform them that the cyp may be visited at the station, even though the cyp may not want their parents told

34
Q

When parents/guardians etc arrive at the station, when can they see their cyp?

A

As soon as practicable after that person arrives

Have explained to that person in language that can be understood, the matters of what has occurred
Is entitled to consult with the cyp in private

35
Q

Who can be a nominated person?

A

A parent or guardian
An adult member of the family,
Any other adult selected by the cyp

If the cyp refuses/fails to nominate any person, then any adult nominated by an enforcement officer.

36
Q

After arresting an CYP, what happens to the CYP?

A

Release the cyp; or

Where the cyp may be released on bail, release them or

Deliver the cyp into the custody of—
(i) Any parent or guardian or
(ii) With the agreement of the cyp, any iwi social service or cultural social service or organisation approved by the CE or a constable

37
Q

Section 235 – can a cyp who has been arrested be placed in custody of chief executive?

A

Yes,
if the constable believes, on RGs,
that
* they will not appear before the court
* may commit further offences
* loss or destruction of evidence
* interfere with witnesses
* is likely to breach conditions of bail

must place the cyp in the custody of the CE,
must do so as soon as practicable and not later than 24 hours after the arrest

38
Q

when a cyp has been placed in the custody of the chief executive what information will be added on the prescribed forms?

A

The identity of the cyp;
and
The circumstances of the arrest
and
The date and time of the intended appearance of the cyp before the Court

39
Q

What level is responsible for signing the joint certificate for detaining a cyp in Police custody for a period exceeding 24 hours and until appearance before the Court.

A

Senior Sgt or above

40
Q

How long do you have to issue the joint certificate to the Police Commissioner

A

within 5 days after the day on which the certificate is issued,
by the delegate to the chief executive and by the constable

41
Q

What information is provided to the Commissioner of Police (joint certificate)

A

A copy of the certificate; and
A written report stating—
(i) The circumstances and
(ii) The duration for which the young person has been detained, or is likely to be detained, in Police custody.

42
Q

At what age do cyp witnesses promise to tell the truth verses swear an oath or affirmation?

A

Under 12yr old witnesses promise to tell the truth
12yrs and over swear an oath or affirmation

Sgt CPK (24 decks)

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