Children And Young Persons

Question 1

The relevant act

Answer 1

Oranga Tamariki Act 1989

Question 2

Section 214

Answer 2

Criteria for arresting juvenile offenders.

W - Prevent interference with witnesses.
E - Ensure appearance at court.
E - Prevent loss of evidence/exhibits.
P - Prevent further offending.

Question 3

When is section 214 principle waived

Answer 3

Cat 4 or cat 3 offence for which max penalty is life or 14 years and child must be arrested in public interest.

Question 4

Section 215

Answer 4

Section 215, child or young person to be informed of their rights before being questioned by an enforcement officer.

Question 5

Section 215A

Answer 5

Rights to be explained to child or young person on request.

Question 6

When rights need to be explained.

Answer 6

Under arrest.
Police have RGTS they have committed an offence.
Before asking questions to obtain an admission.
During the course of questioning, forms the view of RGTS they have committed an offence.
When they query the rights.

Question 7

Section 218

Answer 7

Explanations to be given in a manner and language appropriate to age and level of understanding or child or young person.

Question 8

Section 222

Answer 8

Persons who may be nominated as a nominated person.

Parent/guardian.
Adult member of the family.
Other adult nominated (20 years or over).
Other adult nominated by Police (20 years or over).

Question 9

When may you refuse the nominated person.

Answer 9

Can’t be found or they will pervert the course of justice.

Question 10

Doli Incapax

Answer 10

Doli incapax states children are incapable of evil.

A child under 10 years cannot be held legally responsible for their actions.
Children 10 years to 13 years cannot be criminally responsible unless they knew their act or omission was wrong and contrary to law.