Youth Justice Flashcards
Section 214
214(1)(a) Criteria for arrest of child/young person:
- ensure their appearance in Court.
- prevent further offending.
- prevent interference with witnesses or evidence.
214(1)(b) where the CYP may be proceeded against by way of summons but proceeding that way would not achieve that purpose.
Notify Commissioner of Police within 3 days.
Section 215
CYP to be informed of rights prior to questioning.
- CYP may be arrested if grounds to arrest and fail to give name so that summons cannot be served.
- CYP is not required to accompany if requested to be questioned and if they do accompany they can withdraw at any time.
- The CYP is under no obligation to make a statement.
- The CYP can withdraw their consent and change their mind at any time if giving a statement.
- That any statement given can be used in evidence in Court.
- That they are entitled to speak with a lawyer and or nominated person and have that lawyer and or nominated person present when they make a statement.
Section 215A
Right to be explained to CYP on request.
- If requested to explain any parts of 215 then an officer must do so. Not required within 60 minutes of having last given it however.
Section 218
Explanations to be given in a manner and language appropriate to that CYP.
Section 222
S.222(1) The CYP may nominate any of the following:
- parent/guardian
- adult member of family/whanau
- any other adult
- if they refuse, an adult nominated by us as long as not a police officer.
S.222(2) unless RGTB:
- The nominated person may pervert the course of Justice.
- can’t be found (given reasonable time and effort)
Doli Incapax
Is a common law presumption of innocence in children. Under 10s cannot be held legally responsible for their actions. 10-13 are not criminally liable unless they knew their act or omission was wrong or contrary to law.
Three criteria to be met to prove CYP offence:
- actus reus
- mens rea
- doli incapax - did the child know the act or offence was wrong?
