OT

Question 1

Definition of Child

Answer 1

Under 14 years old

Question 2

Definition of young person

Answer 2

Under 18 but over 14 years

Question 3

Paramount principal

Answer 3

Well-being and best interests of CYP are first & paramount

Question 4

Police work with OT to investigate

Answer 4

Any alleged child abuse

Question 5

Section 39

Answer 5

Warrant needed to enter

Question 6

Section 42

Answer 6

Search without warrant, it is critically necessary to protect CYP from injury or death

Question 7

Section 48

Answer 7

CYP found unaccompanied

Question 8

Section 10B

Answer 8

CYP left unaccompanied

Question 9

What is to be reported to the Commissioner of children R.E.S

Answer 9

• Reason
• Evidence
• Solution

Question 10

Criminal responsibility

Answer 10

• 10 years+ - murder or manslaughter
• 12-13 - 14 years
• 12-13 - been convicted of or declared in need of care and protection after committing an offence for which the max penalty is 14 or more years and now commits an offence for which the penalty is at least 10 years but less than 14 years

Question 11

Who must be informed

Answer 11

Parents/guardians/caregivers under section 8

Question 12

Section 214

Answer 12

• If offence carries a max penalty of life imprisonment of at least 14 years and it is in the public interest
• breath/blood provisions of LTA

Question 13

Section 215

Answer 13

Caution rights to CYP must be explained in a manner appropriate to their age and level of understanding

Question 14

Who can be a nominated person

Answer 14

Parent/guardian, adult member of the family or other adult selected by the CYP

Question 15

Rules of admissibility statement made by CYP

Answer 15

No statement is admissible UNLESS the rights/caution is first explained AND CYP allowed to consult with lawyer or nominated person or both AND statement made in presence of lawyer or nominated person

Question 16

Reporting to commissioner of police

Answer 16

Within 3 days

Question 17

Category 3

Answer 17

Imprisonment for two years or more with the right to elect trial by jury

Question 18

Category 4

Answer 18

Very serious offences, punishable by life imprisonment or by 2 years or more imprisonment

Question 19

Spontaneous statement

Answer 19

Oral statements made spontaneously by a CYP can be admissible

Question 20

Section 214 circumstances in which you CAN arrest CYP

Answer 20

• Ensure the child or young person appears in court
• Prevent further offences
• Prevent loss/destruction of evidence
• Prevent interference with witnesses

Question 21

Section 40

Answer 21

Warrant to remove CYP

Question 22

If removing a CYP when must OT be informed

Answer 22

Immediately

Question 23

Exceptions to section 214 powers of arrest

Answer 23

• The arrest is for a category 4 or 3 offence
• The arrest is required in the public interest

Question 24

Court jurisdiction for age 14-17 at time of offending but now 18

Answer 24

Youth court

Question 25

Court jurisdiction for age 14-17 at time of offending but now 19+

Answer 25

District court