Oranga Tamariki Act Flashcards
(11 cards)
s214 - requirements before arrest
Satisfied on reasonable grounds:
necessary to arrest that CYP without warrant for purpose of
(i) ensuring appearance of CYP before court
(ii) preventing CYP from committing further offences
(iii) preventing loss or destruction of evidence relating to offence RCS committed by CYP; or preventing interference with witness
and
summons would not achieve that purpose
Unless RCS cat 3 or 4 offence committed 14yrs + or life imprisonment
And required in public interest
Requirements once arrest CYP under s214
Written report to commissioner of Police
(3)
*YOUTH
and advise local youth aid officer
Case law - arrest s214
Police v H
The prosecutor must prove beyond reasonable doubt that the requirements of s214(1)(a) & (b) have been satisfied and that if there is a failure to satisfy, then the charging document filed is invalid and the youth court has no jurisdiction
s215
CYP to be informed of rights before being questioned
(1) Before questioning CYP where RGTS of committed offence, or before asking any CYP an question intended to gain an admission, explain
(a) that if you have power to arrest the CYP without warrant, that they may be arrested, if by refusing to gie their name and address, they cannot be served with summons
(b) That the CYP is not obliged to accompany the officer to any place for the purpose of being questioned, and if they consent to doing so, they may withdraw that consent at any time
(c) That they are under no obligation to make a statement
(d) That if they consent to make a statement, the CYP may withdraw that consent
(e) That the statement made may be used as evidence in any proceedings
(f) That the CYP is entitled to consult with, and make statement in the presence of, a barrister, solicitor and any nominated person
(a) & (b) don’t apply when under arrest
(3) During questioning if officer forms believe RGTS CYP of committing an offence, shall give their rights before continuing questioning
s215A
Rights to be explained on request
(a) Any officer in questioning CYP in relation to their involvement in the commission of any offence; and
(b) That CYP makes an enquiry to any matters in paras a-f of 215(1)
must explain to CYP those matters as are appropriate to that case
When must rights be explained to a CYP
- when they’re under arrest
- when RGTS of having committed an offence
- before asking any questions intended to gain an admission
- when, during questioning, officer forms view of RGTS CYP of having committed offence
- when the CYP makes any enquiry about all or part of their rights
When rights don’t need to be explained
- EBA
- Immigration Act
- been given rights within the last hour
s218
Explanations to be given in appropriate language
Every explanation required to be given to a child or young person pursuant to section 215, 215A, 216 or 217 shall be given in a manner and in language appropriate to the age and level of understanding of the CYP
s222
Nominated persons
(1) A CYP may nominate one of the following persons
- parent or guardian
- adult member of family
- any other adult
- if refuses or fails to nominate, any adult (not officer) nominated for the purpose by an officer
(2) Officer RGTB that any nominated person may
- if permitted to consult with CYP, would attempt, or be likely to attempt, to pervert the course of justice
- cannot be located or not available within a reasonable timeframe
May refuse to allow the CYP to consult with that person
(3) Can then identify another nominated person and consult with them
(4) Nominated person should take reasonable steps to ensure CYP understands the matters and support during questioning and giving statement
Adult should be over 20.
Doli incapax - definition
Common law presumption that children are incapable of evil
Child under 10yo cannot be held legally responsible for their actions
Child aged 10 - 13 cannot be liable unless they knew their act or omission was wrong or contrary to law
Three aspects of the offence that the prosecution must prove to ensure culpabiliy
- mens rea
- actus reus
- at the time of the offending, knowledge of wrong or that the act/omission was contrary to law
