OTA 1989 Flashcards

1
Q

What age is a young person for Youth Justice?

A

14-16 years old.

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2
Q

When can a 10 year old be criminally responsible?

A

Yes, for cat 3/4 offences.

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3
Q

Can a person under 10 years old be committed for an offense?

A

No, they cannot.

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4
Q

Is a person aged 14-17 criminally responsible?

A

Yes, but they will be trailed in youth court.

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5
Q

Where are your powers of Arrest for a CYP found?

A

Section 214 and 214A

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6
Q

When can you arrest a CYP?

A

If WEEP applies. (Witness interference, Evidence interference, Ensure court appearance or Public interest).
Or they have breached bail 2 or more times.

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7
Q

What must you do when you arrest a CYP?

A

Inform the commissioner within 3 days and state reason/necessity.

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8
Q

What do sections 215 - 219 relate to? OTA89

A

Bill of Rights for CYP.

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9
Q

What do you have to do when explaining the BoR to a CYP?

A

Explain it to them in the way they understand.

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10
Q

What are the requirements to making a CYP statement admissible in court?

A

CYP has had BoR explained to them in a way they understand
AND
Allowed to speak with a nominated person or lawyer
AND
The statement was made in the presence of the lawyer of NP.
OTA 1989, S.221

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11
Q

Who can’t be a nominated person CYP?

A

Anyone the police oppose or anyone working for the police.

Anyone under the age of 20.

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12
Q

What does S.224 state? OTA89

A

If you have reasonably complied with S.221 then the CYP statement can be admissible.

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13
Q

Can a spontaneous statement from a CYP be used in court?

A

Yes, due to S.223

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14
Q

If a CYP in custody, what must you do?

A

Hand the child over to OT within 24 hours. (S.235)
UNLESS
The CYP is violent or has a high chance or escaping. (S.236)

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15
Q

What age is a young person for Care and Protection?

A

14-17 years old.

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16
Q

What is the paramount principle of OTA?

A

The welfare and interests of the child or your person shall be the first and paramount consideration.

17
Q

What sections give the police powers to remove a CYP?

A

S.39 - Place of safety warrant.
S.40 - Warrant to remove child.
S.42 - Search without warrant.
S.48 - CYP found unaccompanied.

18
Q

When can you enter a home under S.42? OTA89

A

If RGTB it is CRITICALLY NECESSARY to protect the CYP from injury or death.

19
Q

What can you do under S.48? OTA89

A

Pick up an unaccompanied CYP in which their PHYSICAL OR MENTAL HEALTH is being, or likely to be IMPAIRED.

20
Q

What must you do if you pick up a CYP under S.48? OTA89

A

Take the CYP, with their consent, to their parent or legal guardian. If no consent given, place the them in the care of OT.

21
Q

What are 3 situations in which a CYP needs care and protection?

A

The CYP is likely to be:

  • Harmed (Sexually, emotionally or physically)
  • Ill treated
  • Abused or seriously deprived
22
Q

What is S.10B SOA89 about?

A

Dealing with the ill treatment or willful neglect of a child. A parent shouldn’t leave child under 14 years alone without making reasonable provision for them.