CM05 - YOUTH JUSTICE

Question 1

Who must be informed of any police action that affects a CYP? SECTION 229

Answer 1

Parents/Guardians/Caregivers have right to be informed of any action/decision

Question 2

SECTION 214 OTA

Answer 2

No arrest of CYP UNLESS WEEP;

Witness interference
Ensure appearance before court
Exhibits prevent loss/destruction
Prevent further offending

• AND proceeding by way of summons would not work

Question 3

SECTION 214 EXCEPTIONS

Answer 3

1. IF arrest is for cat 4 or 3 offence for which max penalty is 14+years AND arrest is required in public interest
   OR arrest is necessary to carry out EBA provisions under LTA

Question 4

SECTION 215 OTA

Answer 4

CAUTION RIGHTS

• before questioning
• When CYP asks
• When charging
• When arresting

Question 5

Nominated person

Answer 5

• A parent or guardian of the child or young person;
• An adult member of the family, whänau, or family group of the child or young person; or
• Any other adult selected by the child or young person.
20+

Question 6

Admissibility of statements made by CYP

Answer 6

Caution Rights > Consult Lawyer or Nom Person > Statement made in front of Lawyer or Nom Person

(Police may disallow nominated person in certain circumstances).

Otherwise statement made by a child or young person is admissible

Question 7

Reporting requirements when arresting CYP

Answer 7

MUST report to Commissioner within 3 days

Question 8

Category 3 and 4 offences

Answer 8

Category 3 – imprisonment for two years or more, with the right to elect trial by jury

Category 4 – very serious offences listed in a schedule (e.g. murder or manslaughter), punishable by life imprisonment or by 2 years or more imprisonment.

Question 9

Age for ciminal responsibility

Answer 9

• < 10 nil
• 10-11 murder/manslaughter know right/wrong
• 12-13 murder/manslaughter know right/wrong
• 14 plus previous offences
• 14-17 fully liable (youth court)
• 18 adult