Children and young persons

Question 1

Section 214(1)

Answer 1

(1) That an officer shall not arrest a CYP unless it is necessary to:

W - a) prevent interference with witnesses
E - b) ensure appearance at court
E - c) prevent evidence from being CADDd
P - d) prevent further offending OR

Question 2

Section 214(2)

Answer 2

Nothing in subsection 1 prevents a member from arresting a CYP without warrant on a charge of any offence where:

That Police RGTS that a 14+ offence (cat 3/4) has been committed

AND that it is in the public interest.

Question 3

Section 215

Answer 3

CYP to be informed of rights before being questioned by an enforcement officer

Question 4

When a young person has been arrested, how many days do you have to do the *YOUTH?

Answer 4

3 days

Question 5

Under 214 (i-iii) what other consideration is there regarding whether you should arrest a CYP?

Answer 5

214(1) - That you can arrest only when proceeding by summons would not achieve the purposes listed in WEEP.

Question 6

The principle to avoid arrest is waived in what circumstances?

Answer 6

• A cat 3/4 offence (must be 14+ years) AND that it is in the public interest.

Question 7

Name two other situations where 214 legislation doesn’t apply

Answer 7

1. EBA
2. Section 342 of the Immigration Act

Question 8

What is section 215?

Answer 8

Informing juvinile offenders of their rights

Question 9

Section 215 - describe it

Answer 9

215(1)(a) Before questioning a CYP you must explain to them:

(a) They may be arrested if - refuse details and you want to summons
(b) Don’t have to accompany - and can withdraw consent if they do
(c) Don’t have to give statement
(d) If give statement they can withdraw consent
(e) Statement can be used as evidence AND
(f) Can consult with NP/lawyer/both
(2) a and b don’t apply if CYP K9d
(3) If they admit they did it - read them YBOR again.

Question 10

215A - What is it?

Answer 10

That if they ask for their rights you have to explain them again

Question 11

List five situations when YBOR need to be explained

Answer 11

1. Under arrest
2. RGTS offence
3. Before questioning them if you intend to obtain admissions
4. When during questioning you RGTS - offence
5. When they ask about any of 215 (however you only need to explain what they ask about. Not all the YBOR)

Question 12

When do YBOR not need to be explained?

Answer 12

1. EBA
2. 342 Immigration Act
3. Given within the previous hour

Question 13

What is section 218 about?

Answer 13

That you need to explain YBOR to them in a manner they understand

Question 14

What is outlined in Section 222?

Answer 14

Who can be a nominated person

Question 15

Who can be a nominated person under 222?

Answer 15

222(a) - Parent/Guardian of the CYP

222(b) - Adult member of their family/whanau

222(c) Other adult nominated by the CYP

222(d) If they fail to nominate then we can nominate

Question 16

When can you refuse a NP that a CYP has nominated?

Answer 16

• May pervert the course of justice.
• Cannot with reasonable diligence be found

Question 17

Doli Incapax

Answer 17

• Under 10 - cannot be legally held responsible
• 10-13 - cannot be legally held responsible UNLESS they knew their act or omission was wrong or contrary to the law

Question 18

How can a prosecutor establish that a child had the requisite knowledge to know what they were doing was wrong?

Answer 18

Mens Rea AND Actus Reus AND at the time of offending, knowledge of wrong or that the act/omission was contrary to law.

Question 19

Who could give expert evidence to show that the child knew that what they were doing was wrong?

Answer 19

A psychologist

Question 20

When do CYP rights need to be explained?

Answer 20

• When the person is under arrest
• When police have RGTS them of committing an offence
• Before asking any questions intending to obtain an admission
• When, during questioning, an enforcement officer forms the view that there are RGTS they committed the offence
  
  • When the person makes an enquiry of the officer about all/part of their rights.

Question 21

Section 216

Answer 21

CYP rights to be given when charging - as soon as the charging decision has been made.

Question 22

Section 217

Answer 22

Rights to be explained to a child or young person who is arrested

Question 23

Section 218

Answer 23

Rights to be given in a language and manner they understand

Question 24

What does an investigator need to do to confirm knowledge on the part of the accused relating to DOLI INCAPAX

Answer 24

• Actions of the child
• Type and seriousness of offence (the more serious the more likely they will accept they knew it was wrong)
• Statements made by the child
• Previous misconduct
• Lay persons (Youth aid officers, teachers, principals, sports coaches - may provide useful information)
• Medical specialists