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8 Cards in this Set
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Section 272(1): Ages of criminal responsibility |
Child under 10yrs - No criminal liability Child 10yrs plus - Murder/manslaughter Child 12 & 13yrs (no previous offence) - Any offence with a penalty of at least 14yrs Child 12 & 13yrs (previous offence or declared in need of care/protection) - Any offence with a penalty of at least 10yrs but less than 14yrs 14 - 17 Fully liable 18 Adult charges |
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Section 214: Oranga Tamariki Act 1989 |
NO ARREST OF CHILDREN & YOUNG PERSONS.. UNLESS the officer is satisfied on reasonable grounds that it is necessary to arrest to: - Prevent interference with witnesses (W) - Prevent loss/destruction of evidence (E) - Ensure child/young persons appearance in court (E) - Prevent further offences (P) AND - Proceeding by way of summons would not achieve that purpose |
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Exceptions to Section 214: Oranga Tamariki Act 1989 |
Arrest is category 3 or 4 offence AND the arrest is required in the public interest OR the arrest is necessary to carry out breath/blood alcohol provisions of the Land Transport Act 1998 |
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Circumstances in which Caution Rights must be given to CYP? |
Section 215 - Before questioning, when there are reasonable grounds to suspect CYP has committed and offence or before asking questions to obtain an admission for an offence Section 215(a) - When you are questioning a CYP in relation to their involvement in an offence and they ask about their rights Section 216 - When you have decided to charge a CYP after questioning them they must be informed of their rights Section 217 - When you have arrested a CYP they must be informed of their rights Section 219 - If rights have been given to CYP in the last hour, it doesn’t need to be given again |
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Who can be a nominated person? |
- A parent/guardian of CYP - Adult member of the family, whanau or family group of CYP - Any other adult |
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Admissibility of statements rules for CYP? |
No statement made by a CYP is admissible UNLESS Caution Rights explained AND CYP allowed to consult with a lawyer or nominated person or both AND Statement made in presence of lawyer or nominated person |
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Category 3 & 4 offences |
Category 3 - Imprisonment for two years or more, with the right to elect trial by jury Category 4 - Serious offences (murder/man slaughter) punishable by life imprisonment or 2 years or more imprisonment |
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Reporting requirements - Arresting a CYP? |
You must submit a report to the Commissioner of Police within 3 days and state justification as to why it was necessary to arrest CYP without warrant |
