CYP - Sections & Definitions

Question 1

Section 214, OT Act 1989

Answer 1

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

(WEEP)

Question 2

Section 215, OT Act 1989

Answer 2

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

Question 3

Section 215(1)(a), OT Act 1981

Answer 3

Before questioning a CYP you must explain to them:

(a) They may be arrested if - refuse details and you want to summons
(b) Don’t have to accompany - and can withdraw consent if they do
(c) Don’t have to give statement
(d) If give statement they can withdraw consent
(e) Statement can be used as evidence AND
(f) Can consult with NP/lawyer/both
(2) a and b don’t apply if CYP K9d
(3) If they admit they did it - read them YBOR again.

Question 4

When a young person has been arrested, how many days do you have to do the *YOUTH notification?

Answer 4

3 days

Question 5

The principle to avoid arrest is waived in what circumstances?

Answer 5

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

Question 6

Name two other situations where 214 legislation doesn’t apply

Answer 6

1. EBA

2. Section 342 of the Immigration Act

Question 7

Section 215A, OT Act 1981

Answer 7

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

Question 8

When do the CYP need to be explained their BOR?

Answer 8

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

Question 9

When do you NOT need to explain the BOR to the CYP?

Answer 9

1. EBA
2. 342 Immigration Act
3. Given within the previous hour

Question 10

Section 218, OT Act 1981

Answer 10

That you need to explain BOR to the CYP in a manner they understand

8 = understand

Question 11

Section 222, OT Act 1981

Answer 11

Who can be a nominated person for the CYP.

222 = I choose you

Question 12

Who can be a nominated person under Section 222, OT Act 1981?

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

When can you refuse a nominated person 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

• Under 10 - cannot be legally held responsible as they are ‘incapable of evil’.
• 10-13 - cannot be legally held responsible UNLESS they knew their act or omission was wrong or contrary to the law

Question 15

How can a prosecutor establish that a child had the requisite knowledge to know what they were doing was wrong? (Doli incapax)

Answer 15

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

Question 16

Who could give expert evidence to show that the child knew that what they were doing was wrong?

Answer 16

A psychologist