Extra OT For Exam Flashcards
(8 cards)
Criminal responsibility for CYP?
Set at 10yrs old. 10-11yrs old can only be charged with murder/manslaughter.
Children aged 10-14 have extra protection
Section 214A - OT - arrest of CYP in breach of bail conditions
If a CYP has breached bale on more than two occasion they can be arrested.
Section 9 - OT - Understanding
A CYP should receive info in a language they understand
Section 215 - OT - CYP must be informed of rights
Before questioning, when a CYP asks about their rights, after arrest.
Section 8 - OT - Parents to be informed
When dealing with a CYP best practice to always inform the parents.
Section 229 - OT - Notification to parents
If I bring a CYP to the station for interviewing, as soon as practice I must tell their nominated person and caregiver they can visit them.
The nominated person can visit, have rights explained and speak with them in private
Section 221 - Statement Admissibility
Rights must have been read, and been allowed to speak with lawyer/nominated person before making a statement.
Exception: Unless statement is made spontaneously before Police were able to read the rights.
Section 222 - OT - Who can be a nominated person?
Over 20
Can be family member.
If the CYP refuses I can nominate someone for them.
Nominated person must not be an offender, and must be able to get there in reasonable time. And be contactable.