Oranga Tamariki Act 1989, Section 214A Flashcards
Arrest of C or YP in breach of bail conditions
What is S. 214A of the Oranga Tamariki Act 1989?
Arrest of C or YP in breach of bail condition.
Under S. 214A, what power does a Constable have in relation to a C or YP?
A Constable may ARREST a C or YP without a warrant.
What conditions must a Constable reach in order to arrest without warrant of a C or YP under S. 214A?
(a) The C or YP has been released on bail; and
(b) The Constable BELIEVES, on REASONABLE GROUNDS, that -
- the C or YP has breached a condition of that bail; and
- the C or YP has on 2 or more previous occasions breached a condition of that bail (whether or not the same condition).
Under Law Note Excerpt - October 2013 edition of the Ten-One, what must a Constable do when an arrest of a C or YP is done under S. 214A?
Authority to arrest under this provision must always be obtained from a Youth Aid Sergeant in the first instance, or in their absence, a supervising Sergeant (or above) or a Qualified Youth Aid Officer.
Under Law Note Excerpt - October 2013 edition of the Ten-One, what compliance is required under S. 214A?
To ensure compliance with S. 214A, breaches of bail conditions before 4 September 2013 will not be counted.
Under Law Note Excerpt - October 2013 edition of the Ten-One, what must Police ensure when arresting a C or YP under S. 214A?
Due to the need to ensure that Police can accurately account for the number of all bail breaches by youth defendants (under 17 years old), recording practices will have to be robust.
Under Law Note Excerpt - October 2013 edition of the Ten-One, what is required when creating 6D files for C and YP breaching their conditions and subsequently arrested?
The minimum recording standard of creating a 6D file for all initial breaches, in line with the National Recording Standards, should be adopted, in order for a previous breach of bail to count towards the standard for arrest.
Under Law Note Excerpt - October 2013 edition of the Ten-One, on what GROUNDS can a Constable place the C or YP in the custody of the Chief Executive?
A Constable who arrests a C or YP under 214A and BELIEVES ON REASONABLE GROUNDS that they are likely to continue to breach any condition of bail, MUST place the C or YP in the CUSTODY of the Chief Executive in accordance with Section 235 of this Act.
