Youth Flashcards Preview

Police Probationary assessment > Youth > Flashcards

Flashcards in Youth Deck (7)
Loading flashcards...
1

Section 214

OTA 1989

Powers of Arrest for CYP - WEEP

− prevent interference with witnesses.

− ensure the child or young person’s appearance at court

− prevent loss/destruction of evidence

− prevent further offences

Exceptions

If the arrest is for a category 4 or category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years
and the arrest is required in the public interest,
or the arrest is necessary to carry out breath/blood-alcohol provisions of the Land Transport Act 1998.
Reporting

You must report the arrest to the Commissioner of Police within three days.

2

Section 42

OTA 1989

Search without warrant

Any Constable who believes on reasonable grounds

that is is CRITICALLY NECESSARY to protect a child or young person from injury or death

may without warrant ENTER and SEARCH (by force if necessary)

dwellinghouse, building, aircraft, ship, carriage, vehiclepremises or place

REMOVE or DETAIN (by force if necessary) the child or young person

PLACE the child or young person in the custody of the OT

3

Section 48

OTA 1989

Child or Young Person Found Unaccompanied

Where a child or young person is

FOUND UNACCOMPANIED

• by a parent

• guardian

• other person who usually cares for them

in a situation in which their

PHYSICAL OR MENTAL HEALTH IS BEING, OR LIKELY TO BE, IMPAIRED

a constable may (using reasonable force)

TAKE

the child or young person

with their consent

DELIVER

them into the custody of parent- guardian-other person

if no consent is given or caregivers are unwilling to take them

PLACE

the child or young person in the custody of the OT.

4

Section 215

When to explain rights

Oranga Tamariki Act 1989

When there are reasonable grounds to suspect the child or young person has committed an offence, (Section 215).
Before asking the child or young person questions intended to obtain an admission of an offence, (Section 215).
When, during questioning, the officer forms reasonable grounds to suspect the child or young person has committed an offence, (Section 215).
When, during questioning, the officer has decided to charge the child or young person, (Section 216).
On arresting the child or young person, (Section 217).
Where a child or young person being questioned in relation to their involvement in any offence, makes any inquiry relating to the explanation of rights. The police officer must explain any of those matters as may be appropriate to the inquiry, (Section 215A).
No explanation need be given if the same explanation has been given in the last hour, (Section 219).

5

Section 222

OTA 1989

Nominated Person

These include:

A parent or guardian of the child or young person;

An adult member of the family, whänau, or family group of the child or young person; or

Any other adult selected by the child or young person.



Note:
If the parent of the child or young person is an enforcement officer, then they are allowed to be a nominated person.

The Act prevents Police asking other enforcement officers to be a nominated person.
“Adult” (except for a parent or guardian) means a person who has attained the age of 20 years.

6

Section 229

OTA 1989

Notification of Parents

Whenever you arrest a child or young person or take them to the police station for questioning, you must notify the parents and other persons nominated by the child or young person.

7

Section 221

OTA 1989

221 Admissibility of statements made by children and young persons
(1)
This section applies to—
(a)
every child or young person who is being questioned by an enforcement officer in relation to the commission or possible commission of an offence by that child or young person:
(b)
every child or young person—
(i)
who has been arrested pursuant to section 214; or
(ii)
whom any enforcement officer has decided to charge with the commission of an offence; or
(iii)
who has been detained in the custody of an enforcement officer following arrest pursuant to section 214.
(2)
Subject to sections 223 to 225 and sections 233 and 244, no oral or written statement made or given to any enforcement officer by a child or young person to whom this section applies is admissible in evidence in any proceedings against that child or young person for an offence unless—
(a)
before the statement was made or given, the enforcement officer has explained in a manner and in language that is appropriate to the age and level of understanding of the child or young person,—
(i)
except where subsection (1)(b)(i) or (iii) applies, the matters specified in paragraphs (a) and (b) of section 215(1); and
(ii)
the matters specified in paragraphs (c) to (f) of section 215(1); and
(b)
where the child or young person wishes to consult with a barrister or solicitor and any person nominated by that child or young person in accordance with section 222, or either of those persons, before making or giving the statement, the child or young person consults with those persons or, as the case requires, that person; and
(c)
the child or young person makes or gives the statement in the presence of 1 or more of the following persons:
(i)
a barrister or solicitor:
(ii)
any person nominated by the child or young person in accordance with section 222:
(iii)
where the child or young person refuses or fails to nominate any person in accordance with section 222,—
(A)
any person referred to in paragraph (a) or paragraph (b) of section 222(1); or
(B)
any other adult (not being an enforcement officer).