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17 Cards in this Set
- Front
- Back
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What is section 39 of the OT Act? |
If you become aware a CYP has suffered or is likely to suffer serious ill treatment or harm but it is NOT CRITICALLY NECESSARY to act you should make a referal to youth aid. However you also can enter and detain the child under this act. |
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What is section 42 of OT Act 1989? |
Search and entry without warant if you BELIEVE that immediate action is needed to protect CYP from injury or death is CRITICALLY NECESSARY you may enter, search and remove/detain CYP and place them into custody of OT. |
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What is section 48 of the OT ACT 1989? |
If a CYP is found unaccompanied in a situation where there physical, or mental health could be impared you may use reasonable force to take the CYP without consent and deliver them back to their guardian. Unless unsuitable then take them to OT. |
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What is the summary offences act 1981 section 10B |
A parent/guardian that leaves a child under 14 without making provisions for supervision and care. |
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What is a child 10-12 criminally responsible for? |
-murder/ manslaughter -if they knew it was wrong |
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What is a child 12-13 criminally responsible for? |
-murder/manslaugher -if they believe it was wrong -if they have previous convictions with life or 14yrs then they can be convicted of anything with 10yr + |
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What is a child 14-17 criminally responsible for? |
They have complete criminal responsibility |
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What are the 4 considerations that should be made under section 4a (2) |
Wellbeing and best interest of the child, public interest (inc public saftey), interests of the victim, the accountability of the CYP for their behaviour |
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Powers of arrest under section 214? |
W- prevent interference of witnesses E- prevent loss/damage to exibits E- ensure appearance in court P- prevent reoffending |
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What are the exceptions to conditions of section 214? |
If the offence is a cat 3/4 offence or is inclusive of a life imprisonment or 14yrs and arrest is required in public interest. Or if arrest is necessary to carry out an EBA. |
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How long after arresting a youth must a report be submitted to the commissioner? |
3 days |
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What can be a nominated person? |
A parent or guardian An adult member of the family Any other adult selected by CYP |
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How old is a person technically classed as an adult? |
20 yrs or older unless they are the legal parent or guardian |
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What does section 8 dictate? |
Parents/guardians and caregivers mist be informed of any actuon or decision made under the OT ACT that significantly affects the CYP. |
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What does section 9 dictate? |
The CYP must be delivered information in a language they can understand |
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What is required for a CYP statement to be admissable? |
They must have had the caution rights, be allowed to consult with a lawyer and/or nominated person, the statement must also be in the presence of a nominated person/ lawyer |
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What is the acception to a statement being admissable? |
If the CYP makes a spontaneous statement. Oral statement made before police have reasonable opportunity to comply with requirements |
