CPK - CFYS

Question 1

Explain Section 39 a place of safety warrant?

Answer 1

• Issued by judge
• cases of ill treatment, neglect, harm and abuse.
• Can enter, search and use force to remove child

Question 2

Explain section 42 Search without a warrant

Answer 2

• Child suffers injury or death
• Critically necessary to protect
• Enter, search, use force to remove child
• place in CFYS

MUST show ID, state power, report to commissioner within 3 days

Question 3

Section 48 - Unaccompanied child or young person

Answer 3

• Unaccompanied where physical or mental health to be impaired
• with consent take home or CFYS

Young person 14 yrs plus but under 18 yrs

Question 4

Section 208- Youth justice principles what are 4 primary considerations?

Answer 4

• Wellbeing/best interest of child
• Public interest
• Victim interest
• Accountability of child

Question 5

Section 214 - reasons you may arrest a 1J without warrant

Answer 5

• Ensure appearance in court
• Prevent further offending
• Prevent loss or destruction of evidence
• Prevent interference witnesses

MUST report to commissioner within 3 days

Question 6

Under section 214A when can a 1J be arrested for breach of bail?

Answer 6

• Breached bail and has breached on two or more previous times
• Authority to K9 from Youth aid Sgt first instance or supervising Sgt or above or qualified youth aid officer

Question 7

Explain Section 215 in relation to questioning a child?

Answer 7

• Child must be informed of rights before questioning

Question 8

Explain what you must do at the request of the child about their rights?

Answer 8

• At the request of the child under section 215A you must explain their rights

Question 9

Explain S216 about a child who is charged with an offence?

Answer 9

• You must explain the rights to a child who has been charged with an offence.

Question 10

If a child is arrested what must you explain?

Answer 10

• S217 explain their rights

Question 11

How must the child be given their rights?

Answer 11

• S218 in a manner and language appropriate to age and level of understanding

Question 12

Under S221 what would make a statement by a child admissible?

Answer 12

• Right explained
• Consulted with lawyer and or nominated person beforehand
• Made in presence of lawyer and or nominated person

Question 13

Under S222 who can be a nominated person and what can Police do?

Answer 13

• Parent or guardian, adult family member or any other adult.
• Police can refuse if likely to pervert course of justice.
• OC can nominate if fails or refuses to nominate.

Question 14

Under S223 when do the requirements of S221 make statement admissible?

Answer 14

• Statement is made spontaneously before OC had reasonable chance to give rights

Question 15

S229 What is the parent or guardian to be informed of ASAP?

Answer 15

• Child at station for questioning or arrested
• Can be visited
• Can consulted with them in private
• If nominated person not parent or guardian inform them also

Question 16

Do EBA provision under the LTA apply to a youth?

Answer 16

• S223 Yes they do

Question 17

Under S234 what must Police do with a child or YP following arrest?

Answer 17

• Release on bail
• deliver to parent or guardian
• deliver to iwi or cultural social service on agreement with child
• deliver to any person or organisation approved by CYFS or Police

Question 18

Under S235 when may a child be placed in custody of OT and how soon must this happen?

Answer 18

• RGTB that S214 will occur again or
• Breached bail and will continued to breach
• Must place in custody of chief executive no later than 24 hrs after arrest
• Must give details of ID, circumstances of arrest, date of court

Question 19

Under S236 a child can be held in Police custody for more than 24 hrs when?

Answer 19

• Chief Executive, Snr Sgt or above are satisfied that
• YP will abscond or be violent
• Suitable locations for detention not available
• Joint cert issued to detain for more than 24hrs

Question 20

If a joint cert has been issued to detain a YP for more than 24 hrs must Police do within 5 days?

Answer 20

• Report to commissioner about duration of detention or why the cert was issued include copy of this cert