Children & Young Persons

Question 1

S214 OT Act 1989

Answer 1

Grounds necessary to arrest a child or young person;

• ensure appearance before court, or
• prevent further offending, or
• prevent interference with witnesses or exhibits

OR

• Cat 4 offence, or cat 3 offence with 14 yrs or more imprisonment AND
• cannot proceed by way of summons, or
• In the public interest

Question 2

S215 OT Act 1989

Answer 2

Child or young person to be informed of their rights before questioned by police.

• when under arrest
• police have RGTS the cyp has committed an offence
• before asking any questions that are intended to obtain an admission
• during questioning the officer forms the view there are RGTS them of having committed an offence
• when they query all, or any part, of their rights, only the rights they have queries need to be explained or given.

S215A - rights to be explained to the child or young person on request Except;

• being held under EBA or
• being held under Immigration provisions or
• have given them their rights within the last hour (be reasonable)

Question 3

S218 OT Act 1989

Answer 3

Explanations are to be given to the child or young person in a manner and language appropriate to age and level of understanding

The onus is on Police to ensure the cyp understands their rights.

Question 4

S222 OT Act 1989

Answer 4

Persons who may be nominated for the purposes of section 221(2)(b) or (c) (admissibility of cyp statement)

• parent or guardian
• adult member of whanau
• other nominated adult by cyp
• other nominated adult by us (must not be an enforcement officer)

When can police reject a nominated person.

• police believe they may pervert the course of justice (eg party to the offence)
• cannot be found with reasonable time and effort (changes depending on level of offending, shoplifting v murder)

Always note your reasons for excluding a person

Question 5

What is Doli Incapax

Answer 5

For child offenders, three things must be proven to ensure culpability;

1. Mens Rea
2. Actus Reus
3. At the time of the offending, knowledge of wrong or that the act/ omission was contrary to law (Doli Incapax)

Doli Incapax is an ancient common law presumption that children under a particular age are “incapable of evil” and should therefore not be culpable for criminal acts or omissions.