CYP

Question 1

Detail S48 (Unaccompanied C & YP)

Answer 1

When a child or young person is:

• Found Unaccompanied by a parent or guardian or other person who usually has care of the C or YP
• In a situation in which the C or YP’s Physical or Mental Health is being, or is likely to be impaired.
• A Constable may, using such force as reasonably necessary, take child or YP away

Question 2

Where can you take C or YP? - S48(1)(a) and (b)

Answer 2

With the consent, deliver to parent, guardian, or person usually caring for C or YP

OR

(i) If the C or YP does not consent OR (ii) no parent or guardian is willing or able to have C or YP, place the C or YP into custody of chief executive

Question 3

Subsequent to s48(1)(b), the sufficient authority for the placement of the C or YP in the custody of the cheif executive or in a resident under this act remains until…

Answer 3

s48(2)

(a) The C or YP agrees to be returning to Parent / Guardian / Person usually having care of the C or YP who is willing ot have the care of C or YP
(b) An application is made to the court for the care and protection of the C or YP is brought before the court to determine wehter the C or YP is held in custody pending the disposal of the application
(c) Where the circumstances of the the case indicate that the C or YP is, or may be in need care of care and protection, 5 days after the C or YP was placed in custody, OR in any other care, 3 days after that date, which ever occurs first

Question 4

What does the term YP mean? s48(3)

Answer 4

A person of or over the age of 14 but under the age of 18.

Question 5

S208(c) - Principles: What must the court or person exercising powers be guided by(9)

Answer 5

1. Unless in public interest - criminal proceedings should not be initiated if alternative means available.
2. Criminal proceedings should not be initiated solely to provide assistance or any services to help child.
3. measures designed to strengthen the family and to foster the ability of families to develop their own means of dealing with offending C or YP.
4. Keep offending child in community only if public is safe.
5. C or YP age mitigating factor in determining wether to impose sanctions and nature of sanction.
6. Any sactions imposed should be to maintain and promote the development of the C or YP within their family and take the least restrictive form.
7. Any measures for dealing with the offending address the underlying causes of the offending
8. Consideration for the victims views/interest for any measure for dealing with the offending and the impact of the offending on them.
9. The C or YP vulnerability entitles them to special protection

Question 6

S214 - K9 C or YP without warrant: Police shall NOT arrest C or YP unless satisfied on reasonable grounds that it is necessary to K9 w/o w for the purpose of what 5 things?

Answer 6

1. Ensure appearance to court
2. Prevent further offending
3. Prevent destruction of evidence
4. Prevent interference with witnesses

and

SUMMONS WOULD NOT ACHIEVE THAT PURPOSE

Question 7

S214(2) - K9 C or YP without warrant: Regardless of 214(1) A constable can arrest a C or YP on a charge of any offence when what two things apply?

Answer 7

• C or YP committed a Category 3 or 4 offences with maximum penalty at least 14 years imprisonment or life.
• The constable believes on reasonable grounds that the arrest in the ublic Interest.

Question 8

What is every officer required to furnish who K9 a C or YP wo/w?

Answer 8

s214(3)(a) - A written report within 3 days to the Commissioner of Police

Question 9

What should every report for Commisioner state that is furnished for the K9 of a C or YP?

Answer 9

s214(4) - The reason why the C or YP was arrested without warrant.

Question 10

S214A - K9 C or YP for BOB conditions: You may arrest a C or YP wo/w who is on bail if the officer believed on reasonable grounds 2 things what are they?

Answer 10

1. C or YP has breached a condition of that bail and
2. C or YP has on 2 or more previous occasions breached a condition of THAT bail (whether or not the same condition).

Question 11

Who approves the authority to K9 a C or YP for BOB ?

Answer 11

Youth Aid Sgt in first instance. If none available, Supervising Sgt or qualified Youth Aid Officer

Question 12

When C or YP K9 with or w/o w what 3 things can an officer do with the C or YP?

Answer 12

1. Release C or YP
2. If can bail under s21 Bail Act, Release C or YP on bail
3. Deliver to :
   - Parent, guardian, other person having the care of the C or YP
   - With agreement of th C or YP, to any Iwi or cultural Social Services,
   - With agreement of th C or YP, any other approved person

Question 13

C or YP who is K9 must be placed in custody of chief executive WHEN? (time)

Answer 13

s235(1)(a) - ASAP no later than 24 hours after arrest.

Question 14

What grounds would you need to place CYP in care of Chief Executive? (5)

Answer 14

(235(1A)

• not likely to appear at court
• may commit further offences
• to prevent loss of evidence
• to prevent interference with witnesses
• if arrested for BOB under 214A and likely to continue breaching

Question 15

If a C or YP has been K9 and is to be deliver to the care of a Social Worker what information must be given to the Social worker? (3)

Answer 15

• ID of C or YP
• Circumstances of K9
• Date and time of the court appearance.

Question 16

What are the grounds for YP who is arrested to be detained for longer than 24 hours in Police Custody?

Answer 16

236(1)

If a Snr Sgt or Inspector and Chief Executive are satisfied on reasonable grounds that the YP will:

• likely abscond or be violent

and

Safe facilities not available,

then Snr Sgt or Inspector and Chief Executive Issue a joint certifcate authorising detention in Police Custody period exceeding 24 hours and until appearance before Court.

Question 17

In respect of a Joint Certicate issued under s236, what must be provided to the Commissioner of Police?

Answer 17

s236(2)

A copy of the certifcate and a written report detailing the circumstances in which the certifcate came to be issued and the duration of the detainment or likely detainment of the YP must be provided to commissioner within 5 days after day the cert issues.

Question 18

Who does does s236 relate to and the age group involved?

Answer 18

Joint certificate allowing detention of young person in police custody over 24 hours if likely to abscond or be violent and no suitable facility available at OT.

a YP 14 - 18 yrs

Question 19

Police v D detention under s48. What was determined

Answer 19

Drunk youth removed from private property by Police s48. Gave G’Mothers address to an officer (not transporting officers). Youth assaults officer at station. s48 doesn’t permit taking CYP to station (although may be intermediary means) of delivering to social worker.

Question 20

Police v T-M Arrest guidelines s 214 & s 48

Answer 20

Known Youth offender wandering whangarei at night. Taken to station under s48 and interviewed about burglaries. Arrested 3 weeks later at home after 2nd statement. found: s 48 not for taking into custody under suspicion of committing crimes. later arrest not permissible (s214) unless ensuring appearance at court, preventing offences or tampering with witnesses/evidence or in public interest s208 criminal proceedings are not to be initiated unless no other means (proceedings must take least restrictive form)

Question 21

Police v T detention in Police custody

Answer 21

Shoplifter ran from police. Apprehended. Brought to court over 24 hrs later. Found initial arrest justified as was trying to escape. But should have been dealt with on same day. Overnight in cells was a breach. CYPs should not be held in custody unnecessarily

Question 22

Police v CG s214 & 236

Answer 22

girls arrested for Agg Rob. Didn’t have grounds to believe further offending, loss of evidence or interfering with witnesses (s214). One was separated (in cells) from her 4 mth baby (breast feeding). Detention over 24hrs requiring a joint certificate (s236) which wasn’t obtained. Should have been summonsed. Case dismissed

Question 23

Releasing the C or YP on bail: When will they have to appear at an initial court hearing?

Answer 23

Within 7 days. May need special sitting in smaller centres. (note: a YP cannot be released on a summons (S245).

Question 24

What must a C or YP bail condition have when considering suitable bail conditions?

B. When released on bail who needs to agree to the bail conditions and (1).

C. How to confirm their acceptance (2)

Answer 24

They must be clear and reasonable link to the C or YP current charges.

B. Needs to be agreed to by person into whose custody CYP being release.

C. The person into whose custody and CYP need to sign the bail bond

Question 25

What must you do if you wish to oppose bail of a C or YP aged 12 - 17?

Answer 25

Seek immediate guidance from Youth Aid officer

Question 26

S234 - Custody of C or YP following K9: Police are unable to deliver C or YP into the custody of parent or guardian who else is legally able to take C or YP?

Answer 26

With agreement of child, any: - Iwi Social Service or Cultural Social Service or - Any person or organisation approved by the Chief Executive.

Question 27

What does the 24 hrs after arrest to place the CYP into OT custody not allow (2)

Answer 27

1. Solely for purpose of making further enquiries 2. delay contacting OT in order to keep in Police custody for the maximum time period.

Question 28

What must the written report for the Commissioner pertaining to the joint certificate (s 236) contain

Answer 28

1. Circumstances in which certificate was issued 2. Duration for which the young person was or likely to be detained in Police custody

Question 29

Can a Child be detained in Police custody for longer than 24 hours?

Answer 29

No