CM05 - YOUTH JUSTICE

Question 1

What is the minimum age of responsibility of a previous offender for an offence which includes a penalty of 10+ years imprisonment?

Answer 1

12-13 years of age

Question 2

What is the minimum age of responsibility for an offence which includes a penalty of 14+ years imprisonment?

Answer 2

12-13 years of age

Question 3

What is the minimum age of responsibility for murder or manslaughter?

Answer 3

10 years of age

Question 4

Who must be informed of any police action that affects a CYP? SECTION 229

Answer 4

Parents/Guardians/Caregivers have right to be informed of any action/decision

Question 5

SECTION 214 OTA

Answer 5

No arrest of CYP
UNLESS WEEP;
Witness interference
Ensure appearance before court 
Exhibits prevent loss/destruction
Prevent further offending
- AND proceeding by way of summons would not work

Question 6

SECTION 214 EXCEPTIONS

Answer 6

1. IF arrest is for cat 4 or 3 offence for which max penalty is 14+years AND arrest is required in public interest
   OR arrest is necessary to carry out EBA provisions under LTA

Question 7

SECTION 215 OTA

Answer 7

CAUTION RIGHTS

• before questioning
• When CYP asks
• When charging
• When arresting

Question 8

Nominated person

Answer 8

• A parent or guardian of the child or young person;
• An adult member of the family, whänau, or family group of the child or young person; or
• Any other adult selected by the child or young person.
20+

Question 9

Admissibility of statements made by CYP

Answer 9

No statement made by a child or young person is admissible
UNLESS
Rights / Caution explained
AND
Cyp is allowed to consult with lawyer or nominated person or both if they wish to
AND
Statement made in presence of (one of the following):
− Lawyer
− person nominated by child or young person
(Police may disallow nominated person in certain circumstances).

Question 10

Reporting requirements when arresting CYP

Answer 10

MUST report to Commissioner within 3 days

Question 11

Category 3 and 4 offences

Answer 11

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 (e.g. murder or manslaughter), punishable by life imprisonment or by 2 years or more imprisonment.

Question 12

Age for ciminal responsibility

Answer 12

< 10 nil
10 - 11 murder/manslaughter know right/wrong
12 - 13 murder/manslaughter know right/wrong
14 plus previous offences
14-17 fully liable (youth court)
18 adult

Question 13

SECTION 214 WEEP

Answer 13

W
E
E
P
If you do not have 1 or more of these you should not be arresting