CYPFA -Youth Justice Flashcards
What is the definition of a young person?
A boy or girl of or over the age of 14 years but under 17 years; but does not include any person who is or has been married
What is the definition of a child?
A boy or girl under the age of 14 years.
Under section 272 of the Children, Young persons and their families Act 1989 what are the ages of criminal responsibility?
Under 10 = no criminal responsibility.
10+ years = responsibile for murder or manslaughter.
12-13 years = responsible for offences where max penalty is life impisonment or at least 14 years.
12-13 years (previous offence) = imprisonment for at least 10 years but less than 14 years.
What is section 8 under Children, Young persons and their families Act 1989?
Police must inform parents (as soon as practicable) when dealing with a child or young person if any decision significantly affects a child or young person. For example a $100 speeding ticket would significantly affect a 16 year old.
What is Section 9 of the Children, Young persons and their families Act 1989?
Suitable language
Details people’s right to receive information in a language they understand.
What is Section 215 of the Children, Young persons and their families Act 1989?
Outlines when a child or young person must be informed of rights.
What is Section 218 of Children, Young persons and their families Act 1989?
Rights and information must be explained to children and young persons in a manner and in a language that is appropriate to their age and level of understanding.
What is section 214 of the Children, Young persons and their families Act 1989?
Powers of arrest
No arrest of children and young persons unless the officer is satisfied on reasonanable grounds that it is necessary to arrest to:
WEEP
W - Prevent interference from witnesses.
E - Ensure the child or young person’s appearance in court.
E - Prevent loss/destruction of evidence.
P - Prevent further offences.
What are exceptions to section 214 of Children, Young persons and their families Act 1989?
Powers of arrest exceptions:
If the arrest is for a category 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.
Under Children, Young persons and their families act 1989 who must you report an arrest to and within how many days?
You must report the arrest to the Commissioner of Police within three days.
What are the admissibility rules of a statement under Children, Young persons and their families act 1989?
A child or young must have:
- Rights/Caution explained
- Must be allowed to consult with solicitor and/or nominated person if they wish to
- Statement made in presence of lawyer and/or person nominated by child or young person
Under section 222 of Children, Young persons and their families Act 1989 when can police object a nominated person?
- If they are likely to prevent the course of justice.
- If they cannot be located.
- If the person would not be available within a resonable period of time.
- If they are an enforcement officer.
- If the nominated person is under the age of 20.
What is section 219 of the children, young persons and their families act 1989?
Police are not required to repeat the explanation of a child’s or young person’s rights to them if the same Rights/caution have been explained to them less than an hour before.
