Flashcards
Children, Young Persons & their Families Act 1989
Flashcards do conjunto (7)
- 1Section 40 WarrantWarrant 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 - 2Section 42 Without WarrantAny 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 - 3Section 214 ArrestArrest 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 - 4Section 215 Bill of RightsCYP 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 - 5Section 218Explanations to be given in manner and language appropriate to age and level of understanding of CYP
- 6Section 222(1) Nominated PersonsA 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 - 7Section 222(2) When may refuse that nominated personWhere 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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- Descrição
- Professional Detective Qualification Pre-Requisite Examination (Legislation -General) FlashCards sobre Children, Young Persons & their Families Act 1989, criado por James Forgie em 24-03-2016.
- Criado por
- James Forgie
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