Children & Young Persons

Question 1

What are the two scenarios in which Police are able to arrest a child or young person?

Answer 1

1 - s214 OT Act - if child/YP committed offence and WEEP satisfied
2 - If Police have RGTS the child/YP has committed cat 3 or 4 offence (penalty over 14 years) AND RGTB arrest required in public interest

Question 2

When is the principle to avoid arrest waived?

Answer 2

• Cat 3 or 4 offence 14+ year penalty and RGTB arrest is in public interest
• Breath/blood alcohol provisions in LTA 1998
• Section 342 (provision of false or misleading information) of the Immigration Act 2009

Question 3

Why is it important to ensure young people understand their rights?

Answer 3

• They are particularly vulnerable
• The officer questioning them may be seen as an authority figure and the young person may feel pressured to make statements that an adult would not make (e/g/ false confessions)

Question 4

Which section of the OT Act sets out the legal rights of children and young persons who are spoken to by police?

Answer 4

Section 215 - officers must give children/young persons their rights when there are RGTS they have committed an offence, or before asking them any question intended to obtain an admission

Question 5

Do you need to give a child/young person their rights again if they enquire about them during an interview?

Answer 5

Yes (s215A OT Act), unless they have already had them within the previous hour

Question 6

What does section 216 of the OT Act state?

Answer 6

You must inform a child/young person of their rights as soon as you decide to charge them with an offence

Question 7

Who may act as a nominated person for a child/young person under S222 OT Act?

Answer 7

Any adult nominated by the young person (except a police officer), unless police believe that the nominated person will attempt to pervert the course of justice.

Police can also object if it is impractical to contact the nominated person (e.g. if they live far away)

Question 8

What must the prosecution prove when prosecuting a child?

Answer 8

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

Question 9

Can a child (under the age of 14) be charged with a criminal offence in New Zealand?
What is the common law presumption underlying this?

Answer 9

Doli Incapax
Irrebuttable presumption that a child under 10 cannot be held criminally liable
Rebuttable presumption that a child 10-13 inclusive cannot be criminally liable unless they knew their act or omission was wrong or contrary to law