4944752
Description
Flashcards by James Forgie, updated more than 1 year ago
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Created by James Forgie
about 8 years ago
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| Question | Answer |
| Section 40 Warrant | Warrant to remove child or YP Judge or Issuing Officer may issue warrant to search for child or YP where there are reasonable grounds to believe the child or YP is- a) Suffering or likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation or serious harm; or b) So seriously disturbed as to be likely- i) To act in a manner harmful to the child or YP or any other person; or ii) To cause serious damage to property |
| Section 42 Without Warrant | Any Constable who believes on R.G. that it is critically necessary to protect a child or YP from injury or death may, without warrant- a) Enter & Search (force if necess) b) Remove or detain (force if necess) & place in custody of the chief exec |
| Section 214 Arrest | Arrest of Child or YP without warrant 1) Shall not arrest C/YP unless satisfied on RG: a) necessary to arrest for purpose of- i) Ensuring appearance in court; or ii) Preventing further offences; or iii) Preventing loss of evidence / interference with witnesses; and b) that proceeding by summons would not achieve this 2) Nothing in (1) prevents Constable arresting a CYP on charge where- a) R C S CYP has committed Cat 4 or Cat 3 14Yrs plus offence b) The constable B R G arrest in the public interest 3) Must submit report to Commissioner within 3 days |
| Section 215 Bill of Rights | CYP to be informed before questioning by officer 1) Before questioning if RGS committed an offence, explain to CYP: a) may be arrested if refuses to give his/her name & address; & b) not obliged to accompany to any place for purpose of being questioned, if consents can withdraw consent; & c) under no obligation to make or give statement; & d) if consents to make statement can withdraw at any time; & e) that any stmt made may be used in any proceedings; & f) CYP entitled to consult with & make stmt in presence of lawyer or nominated person |
| Section 218 | Explanations to be given in manner and language appropriate to age and level of understanding of CYP |
| Section 222(1) Nominated Persons | A CYP may nominate: a) parent or guardian b) adult member of family, whanau or family group c) any other adult d) if CYP refuses or fails to nominate -any adult (not an officer) nominated by an officer |
| Section 222(2) When may refuse that nominated person | Where an officer BRG that any person nominated by a CYP: a) if permitted to consult with the CYP would attempt or would be likely to attempt to pervert the course of justice; or b) cannot with reasonable diligence be located, or will not be available within a period of time that is reasonable in the circumstances: that officer may refuse to allow the CYP to consult with that person. |
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