Oranga Tamariki

Question 1

Explain s214

Answer 1

Arrest of CYP without warrant.
(WEEP)
- To avoid interference with witnesses.
- Ensure appearance in Court.
- Prevent loss or destruction of evidence.
- Prevent further offending.

Question 2

Explain s215

Answer 2

CYP to be informed of rights before questioned by enforcement officer

Question 3

Explain s215

Answer 3

(Relates to witnesses not offenders)
CYP to be informed of rights before questioned by enforcement officer when:
- warned of arrest if they refuse to give name & address.
- CYP is not obliged to accompany enforcement officer for purposes of being questioned.
- CYP under no obligation to make/give a statement.
- if CYP does make a statement that consent can be withdrawn at any time.
- CYP statement can be used in evidence in any proceedings.
- CYP can consult a lawyer or nominated person before making statement AND have them present during the statement.

Question 4

s218

Answer 4

Explanations to be given in manner and language appropriate to age and level of understanding of CYP

Question 5

s222

Answer 5

Persons who may be nominated for the purposes CYP making/giving statements.
- Parent/guardian
- Adult member of the family
- Any other adult selected by CYP

Can refuse nominated person if you suspect they are likely to pervert the course of justice.

Have the right to refuse CYP to speak with that person.

Can also refuse a nominated person after reasonable effort has been made to locate that person and failing to do so.

What’s reasonable in the circumstances e.g. the more serious the offence the more effort & allowances you might make.

Question 6

What is Doli Incapax

Answer 6

Children under a particular age are incapable of evil. Therefore should not be culpable for any criminal acts or omissions.

A child under 10 years cannot be held legally responsible for their actions.

A child aged 10-13 years cannot be held criminally liable UNLESS they knew their act or omission was wrong or contrary to law.