CYP Flashcards
Section 214 (1) CYPFA 1989
(1) Subject to sections 233 and 244 of this Act, where, under any enactment, any enforcement officer has a power of arrest without warrant, that officer shall not arrest a child or young
person pursuant to that power unless that officer is satisfied, on reasonable grounds-
(a) That it is necessary to arrest that child or young person without warrant for the
purpose of —
(i) Ensuring the appearance of the child or young person before the Court
OR
(ii) Preventing that child or young person from committing further offences
OR
(iii) Preventing the loss or destruction of evidence relating to an offence
committed by the child or young person or an offence that the
enforcement officer has reasonable cause to suspect that child or young
person of having committed, or preventing interference with any
witness in respect of any such offence
AND
(b) Where the child or young person may be proceeded against by way of
summons, that proceeding by way of summons would not achieve that purpose.
Section 214 (2) CYPFA 1989
(2) Nothing in subsection (1) of this section prevents a member of the Police from arresting a
child or young person without warrant on a charge of any offence where—
(a) The member of the Police has reasonable cause to suspect that the child or
young person has committed a category 4 offence or category 3 offence for
which the maximum penalty available is or includes imprisonment for life
or for at least 14 years; and
(b) The member of the Police believes, on reasonable grounds, that the arrest of the
child or young person is required in the public interest.
Section 214 (3) CYPFA 1989
(3) Every enforcement officer who arrests a child or young person without warrant shall,
within 3 days of making the arrest, furnish a written report —
(a) Where that enforcement officer is a member of the Police, to the Commissioner
of Police.
(b) Where that enforcement officer is a traffic officer who is a non-sworn member
of the Police, to the Commissioner of Police.
(c) Where that enforcement officer is an officer or employee of the Public Service,
to the chief executive of the Department of which that person is an officer or
employee.
(d) Where that enforcement officer is an officer of a local authority, to the principal
administrative officer of that local authority.
Section 215 (1) CYPFA 1989
Child or young person to be informed of rights before questioned by
enforcement officer
(1) Subject to sections 233 and 244 of this Act, every enforcement officer shall, before
questioning any child or young person [whom there are reasonable grounds to suspect of
having committed an offence, or before asking any child or young person any question
intended to obtain an admission of an offence], explain to that child or young person—
(a) Subject to subsection (2) of this section, if the circumstances are such that the
enforcement officer would have power to arrest the child or young person
without warrant, that the child or young person may be arrested if, by refusing to
give his or her name and address to the enforcement officer, the child or young
person cannot be served with a summons; and
(b) Subject to subsection (2) of this section, that the child or young person is not
obliged to accompany the enforcement officer to any place for the purpose of
being questioned, and that if the child or young person consents to do so, that he
or she may withdraw that consent at any time AND
(c) That the child or young person is under no obligation to make or give any
statement AND
(d) That if the child or young person consents to make or give a statement, the child
or young person may withdraw that consent at any time AND
(e) That any statement made or given may be used in evidence in any proceedings
AND
(f) That the child or young person is entitled to consult with, and make or give any
statement in the presence of, a barrister or solicitor and any person nominated by
the child or young person in accordance with section 222 of this Act.
Section 215 (2) CYPFA 1989
Child or young person to be informed of rights before questioned by
enforcement officer
(2) Nothing in paragraph (a) or paragraph (b) of subsection (1) of this section applies where
the child or young person is under arrest.
Section 215 (3) CYPFA 1989
Child or young person to be informed of rights before questioned by
enforcement officer
(3) Without limiting subsection (1) of this section, where, during the course of questioning a
child or young person, an enforcement officer forms the view that there are reasonable
grounds to suspect the child or young person of having committed an offence, the
enforcement officer shall, before continuing the questioning, give the explanation required by
that subsection.
Section 215A
CYPFA 1989
Subject to sections 233 and 244 of this Act, where—
(a) Any enforcement officer is questioning any child or young person in relation to
that child’s or young person’s involvement in the commission of any offence or
suspected offence; and
(b) That child or young person makes any enquiry of that enforcement officer, being
an enquiry that relates (in whole or in part), or that may reasonably be taken as
relating (in whole or in part), to any of the matters set out in any of paragraphs
(a) to (f) of section 215(1) of this Act,—
that enforcement officer shall explain to that child or young person such of those matters as,
in the circumstances of the particular case, are appropriate to the enquiry that was made
Section 218
Section 218 of the Act requires that children and young persons have certain
rights and information explained to them in a manner and in a language that is
appropriate to their age and level of understanding.
Section 222 (1)
Persons who may be nominated for the purposes of section 221(2)(b) or (c)
(1) Subject to subsection (2) of this section, a child or young person may nominate one of the
following persons for the purposes of section 221(2)(b) or (c) of this Act:
(a) A parent or guardian of the child or young person:
(b) An adult member of the family, whanau, or family group of the child or young
person:
(c) Any other adult selected by the child or young person:
(d) If the child or young person refuses or fails to nominate any person referred to in
any of paragraphs (a) to (c) of this subsection, any adult (not being an
enforcement officer) nominated for the purpose by an enforcement officer.
Section 222 (2)
Persons who may be nominated for the purposes of section 221(2)(b) or (c)
(2) Where an enforcement officer believes, on reasonable grounds, that any person
nominated by a child or young person pursuant to subsection (1)(a) or (b) or (c) of this
section,—
(a) If permitted to consult with the child or young person pursuant to section
221(2)(b) of this Act, would attempt, or would be likely to attempt, to pervert the
course of justice; or
(b) Cannot with reasonable diligence be located, or will not be available within a
period of time that is reasonable in the circumstances, that enforcement officer
may refuse to allow the child or young person to consult with that person.
Section 222 (3)
Persons who may be nominated for the purposes of section 221(2)(b) or (c)
(3) Where, pursuant to subsection (2) of this section, a child or young person is not permitted
to consult with a person nominated by that child or young person pursuant to subsection (1)
of this section, that child or young person shall, subject to subsection (2) of this section, be
permitted to consult with any other person nominated by that child or young person pursuant
to subsection (1) of this section.
Section 222 (4)
Persons who may be nominated for the purposes of section 221(2)(b) or (c)
) It is the duty of any person nominated pursuant to subsection (1) of this section—
(a) To take reasonable steps to ensure that the child or young person understands the
matters explained to the child or young person under section 221(2)(a) of this
Act; and
(b) To support the child or young person—
(i) Before and during any questioning; and
(ii) If the child or young person agrees to make or give any statement, during
the making or giving of the statement.]
What is Doli Incapax?
Doli Incapax is an ancient common law presumption that children under a
particular age are “incapable of evil” and therefore should not be culpable for
any criminal acts or omissions.
What is Doli Incapax in New Zealand?
An irrebuttable presumption that a child under 10 years cannot be held
legally responsible for their actions – section 21 Crimes Act 1961.
A rebuttable presumption that a child aged 10 – 13 years inclusive cannot
be criminally liable unless they knew their act or omission was wrong or
contrary to law. This is found in both section 22 of the Crimes Act 1961
and sections 198 and 272A(1)(d) of the Children, Young Persons and
Their Families Act 1989.
