Children/Young Persons Notes

Question 1

Can a child aged between 0-9 be charged with an offence?

Answer 1

No

Question 2

Can a child aged between 10 - 11 be charged with an offence

Answer 2

No, except for Manslaughter or Murder

Question 3

When a Child / Young Person has been arrested, how long do you have to enter the youth notification?

Answer 3

3 days

Question 4

Section 214, Oranga Tamariki Act of 1989

Answer 4

That an officer shall not arrest a CYP unless it is necessary to: - prevent interference with witnesses - ensure appearance at court - prevent evidence from being CADDd - prevent further offending OR That Police RGTS that a 14+ offence (cat 3/4) has been committed AND that it is in the public interest.

Question 5

Section 215, Oranga Tamariki Act of 1989

Answer 5

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

Question 6

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

Answer 6

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

Question 7

What is section 215?

Answer 7

Informing juvinile offenders of their rights

Question 8

215A - What is it?

Answer 8

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

Question 9

List five situations when YBOR need to be explained

Answer 9

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

Question 10

When do YBOR not need to be explained?

Answer 10

• EBA
• 342 Immigration Act
• Given within the previous hour

Question 11

What is section 218 about?

Answer 11

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

Question 12

Who can be a nominated person under 222?

Answer 12

• 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 13

Can you refuse a NP that a CYP has nominated?

Answer 13

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

Question 14

Doli Incapax

Answer 14

Common law presumption that:

Children under a certain age are incapable of evil.

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