Children & Young Persons

Question 1

Section 214

Answer 1

A child or YP shall not be arrested unless

Witnesses/victim interference
Ensure appearance at court
Evidence loss or destruction
Prevent further offending

+2

• Imprisonable for at least 14 years
• in the public interest

Question 2

Section 215

Answer 2

Informed of their rights before being questioned.

Explained to CYP on request

Question 3

When rights need to be explained

Answer 3

1. When person under arreest
2. When Police have reasonable grounds to suspect them of having committed an offence
3. Before asking any questions of the person that are intended to obtain an admission of an offence
4. When during the course of the questioning a person an officer forms the view that there are grounds to suspect the person having committed offence
5. When person makes an inquiry of their rights.

Question 4

Section 216

Answer 4

Must be informed as soon as decide to charge

Question 5

Section 217

Answer 5

Rights to be explained to CYP who is arrested

Question 6

Section 218

Answer 6

Rights to be given in a manner and language appropriate to the age and level of understanding of the CYP

Question 7

Section 221

Answer 7

No statement of CYP is admissible if:

• rights have not been given prior to statement
• CYP consult with solicitor and/or nominated person
• statement made in the presence of one or more acceptable witnesses

Question 8

Section 222

Answer 8

Person who may be nominated for the purposes:

• parent/guardian
• adult member of family, whanau, family group
• another adult selected by CYP
• if CYP does not nominate, then JP

Question 9

Unsuitable nominated people

Answer 9

• think likely to attempt to pervert the course of justice
• cannot with reasonable diligence be located or unavailable in suitable time.

MUST allow child to pick nominated person.