CYPF Act - Youth Justice Flashcards
What are the age definitions for a Child and a Young Person?
A Child:
A boy or girl under the age of 14 years.
A Young Person:
A boy or girl of or over the age of 14 years but under 17 years (doesn’t include any person who is or has been married).
What are the ages for criminal responsibility?
Child 10 years +:
murder or manslaughter
Child 12-13 years: An offence (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or at least 14 years.
Child 12-13 years, previous offence:
If a previous offender of above, and the offence is one (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years.
What is section 8 of CYPF Act - Youth Justice?
Police responsibilities to parents when dealing with child or young person matters.
If a police officer takes any action of makes any decision
that significantly affects that child or young person
the officer shall inform as soon as practicable of
the officer’s actions and the reasons for them
to any: parent, guardian or person having the care of that child or young person
the information can be given orally and, where practicable, should be in writing.
What is section 218 of CYPF Act - Youth Justice?
Requirement that children and young persons have certain rights and information explained to them in a manner and in a language that is appropriate to their age and level of understanding.
What is section 215 of CYPF Act - Youth Justice?
Outlines when a child or young person must be informed of their rights before being questioned by an enforcement officer.
What is section 214 of CYPF Act - Youth Justice?
Powers of arrest without a warrant. No arrest of C/YP unless the officer is satisfied on reasonable grounds that it is necessary to arrest to:
Ensure the C/YP appearance in court.
Prevent further offences.
Prevent loss/destruction of evidence.
Prevent interferences with witnesses.
Exception:
If the arrest is for a Cat 4 offence
and the arrest is required in the public interest,
or the arrest is necessary to carry out breath/blood alcohol provisions of the Land Transport Act 1998.
Reporting:
You MUST report to the arrest to the Commissioner within three days.
What is section 214A of CYPF Act - Youth Justice?
May arrest a C/YP without warrant if:
The C/YP has been released on bail; and
The constable believes on reasonable grounds that -
They have breached a bail condition
The have on two or more previous occasions breached bail
What is the admissibility rule for CYP (S221-226)?
No statement made by a C/YP is admissible - UNLESS -
Rights / caution explained - AND -
C/YP allowed to consult with solicitor and/or nominated person (NP) if they wish to - AND -
Statement made in presence of:
Lawyer and/or
Person nominated by C/YP
Can Police officers be a nominated person for a C/YP?
If the parent of the C/YP is an enforcement officer, then they are allowed to be a nominated person.
The act prevents Police asking other enforcement officers to be a nominated person.
How should you refer to a C/YP for charge documents?
Refer to the C/YP by their first name, not as ‘Defendant’
