Oranga Tamariki Act 1989, Section 234-236 Flashcards
Custody of C or YP
Under S. 234 of the OT Act 1989, what other sections are mentioned in relation to the arrest of a C or YP without warrant?
Sections 235, 236 and 244.
Under S. 234, what responsibilities SHALL a Constable complete when a C or YP is arrested without warrant?
(a) RELEASE the C or YP; or
(b) RELEASE the C or YP ON BAIL; or
(c) DELIVER the C or YP into the CUSTODY of -
(i) ANY P or G or other person having the care of the C or YP; or
(ii) With consent, any Iwi Social Service or Cultural Social Service; or
(iii) With consent, any other person or organization approved by the Chief Executive or a Constable
What is covered under S. 235 of the OT Act 1989?
Child or young person who is arrested may be placed in custody of chief executive.
Under S. 235(1) of the OT Act 1989, what are the Constable’s duties after arresting a C or YP without warrant?
(a) MUST place the C or YP in the CUSTODY of the Chief Executive and
(b) MUST do so as soon as practicable and not later than 24 hours after the arrest.
What conditions under sub-section (1A) of Section 235 of the OT Act 1989 applies when a C or YP is arrested without warrant?
(a) The Constable believes, on REASONABLE GROUNDS, that -
(i) the C or YP is not likely to appear before the Court; or
(ii) the C or YP may commit further offences; or
(iii) it is necessary to prevent -
(A) the loss or destruction of evidence or
an offence that the Constable has reasonable cause to suspect the C or YP of having committed; or
Interference with any witness or
(b) the C or YP has been arrested under S. 214A and is likely to continue to breach.
Under sub-section (2) of S. 235 of the OT Act 1989, what are the duties of a Constable after arresting a C or YP without warrant?
A C or YP shall be placed in the custody of the [Chief Executive] by -
(a) Delivering the C or YP to [the Chief Executive (acting through his or her delegate] and
(b) Presenting on the prescribed form details relating to:
(i) Identity of the C or YP; and
(ii) Circumstances of the arrest; and
(iii) Date and time of the intended appearance before the Court.
Sub-section (3) of S. 235 under the OT Act 1989 relates to what?
Placement of a C or YP in the CUSTODY of the Chief Executive under sub-section (1) shall be sufficient authority for the detention of the C or YP by
- [a delegate]
- in a residence under this Act or
- under the care of any suitable person approved by a [delegate]
Under sub-section (4) of S. 235 of the OT Act 1989, what SHOULDN’T a Constable do when arresting a C or YP without warrant?
No Constable shall exercise the power of arrest under sub-section (1) merely because the Constable believes that any C or YP is in need of Care or Protection.
What does Section 236 of the OT Act 1989 relate to?
Young person who is arrested may be detained in Police Custody.
Under S. 236 of the OT Act 1989, who can make the decision for a YP to remain detained in Police custody?
- The Chief Executive (acting through his or her delegate)
- A Senior Sergeant
- An Inspector
What grounds must be satisfied under sub-section (1)(a) and (b) on reasonable grounds to keep a YP detained in Police custody?
(a) A YP who has been arrested is likely to abscond or be violent; and
(b) That suitable facilities for the detention in safe custody of that YP are not available to the Chief Executive
Explain the purpose of a JOINT CERTIFICATE under sub-section 236(1)(b)?
The YP may on a joint certificate in the prescribed of [the delegate] and that Constable (Senior Sergeant or Inspector) be DETAINED in Police custody.
How long can a YP be detained in Police custody under sub-section (1)(b) of S. 236 of the OT Act 1989?
The YP can be detained in Police custody for a period exceeding 24 hours and until appearance before the Court.
Under sub-section (2) of S. 236 of the OT Act 1989, what is required once a joint certificate is issued?
There shall within 5 days after the day on which the certificate is issued, be furnished by [the delegate] to the Chief Executive and by the Constable (Senior Sergeant or Inspector) to the Commissioner of Police -
(a) a copy of the certificate
(b) a written report stating -
(i) the circumstances in which the certificate came to be issued; and
(ii) the duration of the period for which the YP has been detained in Police custody.
What does sub-section (3) of S. 236 of the OT Act 1989 state regarding ‘function’ under this section?
[(3) Any delegation by the Chief Executive of a FUNCTION or power under this section MUST be made to a Senior employee or Senior employees of the Department.]
