Day 5: Oranga Tamariki

Question 1

Arrest of a child/YP without warrant:

Answer 1

Section 214

WEEP

• Prevent interference with WITNESSES
• ENSURE appearance before court
• PREVENT loss or destruction of evidential
  material
• PREVENT further offending
• Category 4 offence
• Category 3 offence where penalty is 14
  years or moreAND
• Public Interest

Question 2

Section 215:

Answer 2

Child or YP must be informed of their rights before questioning

RGTS of committing an offence or before asking any question intended to obtain an admission.

Not obliged to accompany (unless arrested), give statement, may withdraw at any point, may be used in evidence, consult lawyer/NP

Question 3

Section 218:

Answer 3

Explanation to be given in manner and language appropriate to age and understanding of child/YP

Question 4

Section 222:

Answer 4

Persons who may be nominated

Parent or guardian
another adult
nominated persons list

Question 5

Doli Incapax:

Answer 5

An ancient common law presumption that children under a particular age are incapable of evil

Under 10
Between 10 - 13 unless they knew their act was wrong

Question 6

Section 216:

Answer 6

Enforcement officer to explain rights to child/YP who is being charged with an offence

Question 7

Section 217:

Answer 7

Rights to be explained to child/YP who is arrested.

Question 8

Section 219:

Answer 8

Explanations not required if child or YP already informed of rights

Within 1 hour.