Youth Justice

Question 1

Ages of Criminal Responsibility for Offences

Answer 1

a) Child 10+ years : Murder or Manslaughter
b) Child 12&13 years : Offences for which the maximum penalty availible includes imprisonment for life or for at least 14 years.
c) Child 12-13 years : The child has either been convicted or declared in need of care and protection after committing an offence for which the maximum penalty is 14 or more years and now commits an offence for which the penalty is at least 10 years but less than 14.

Question 2

Who must be informed of Police Action that significantly affects a child or young person?

Answer 2

If Police takes any action
That significantly affects that child or young person
The officer should inform as soon as practicable
The officers actions and the reasons for them
To any Parent, Guardian or person having care of the child or young person
The information can be given orally and where practicable should be given in writing.

Question 3

Section 214 : Orange Tamariki Act

Answer 3

No arrest of children and young persons :

UNLESS the officer is satisfied on reasonable grounds that it is necessary to arrest to:

• ensure the CYP appears in court
• Prevent further offences
• Prevent Loss/ Destruction of evidence.
• Prevent interference with witnesses.
• And proceeding by way of summons would not work.

Question 4

Circumstances for BOR to be given to children and young people : Section 215 Oranga Tamariki Act.

Answer 4

• The CYP is not obliged to accompany the enforcement officer to any place for the purpose of being questioned, and that if the CYP consents to do so, the child or young person may withdraw that consent at any time.
• The CYP is under no obligation to make or give any statement.
• The CYP consents to make or give a statement, the child or young person may withdraw that consent at any time.
• Any statement made or given may be used in evidence in any proceedings
• The CYP 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.

Question 5

Caution rights given to Children and Young People.

Answer 5

I am speaking to you about

you may be arrested if you refuse to give me your name
or
you are not obliged to accompany me and if you consent you may withdraw consent at any time.

you have the right to remain silent (explain to me in your own words what this means to you)

you do not have to make any statement or answer any questions (explain to me in your own words what this means to you)

…. continued

Question 6

Nominated Person

Answer 6

The CYP may nominate any person to be present when they are being questioned or when a statement is being taken.
Suitable nominated people are:

• Parents or Guardians of the CYP.
• Adult member of the family / whanau of the CYP.
• Any other adult by the CYP.

Question 7

Admissibility of statements made by children and young people.

Answer 7

No statement made by a CYP is admissible 
UNLESS 
Rights/Caution explained 
AND 
CYP is allowed to consult with a lawyer or nominated person or both if they wish to
AND 
Statement made in presence of 
-Lawyer 
-Person nominated by CYP

Question 8

Reporting requirements when arresting a child or young person.

Answer 8

Warning/ Report with a view to Summons/Arrest

Files are to be completed for Youth Aid, Family Group Conference and

-POL258 (details offence, offender, who was informed and victim)

Question 9

Category 3 and 4 Offences

Answer 9

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 (Murder or manslaughter) punishable by life imprisonment or by two years or more.