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Arrests, Detainment and Charges
Right to be told reasons for police actions Right to Silence Right to a Lawyer Right to be treated with humanity and respect Right not to be arbitrarily arrested or detained
If you are under 17 you have more rights
If the Police tell you that you are 'under arrest' or if they grab you or handcuff you then you have been arrested and you must go quietly even if you haven't done anything wrong. If you struggle, you can be charged with 'obstructing a constable' or 'resisting arrest'.
If you run away after you have been arrested you can be charged with 'escaping from lawful custody'. If you haven't done anything you will have a chance to prove it in court.
Running away or escaping after being arrested is a very serious offence and is probably going to get you a very big fine and into heaps more trouble.
Don’t run away. If you are arrested contact a lawyer as soon as you can so they can sort it out. (See “Lawyers for Young People”).
If you are 17 or over the police can arrest you without a warrant if they have good cause to suspect you have “breached the peace” (caused a disturbance) or committed an offence punishable by imprisonment.
If you are under 17 the police can arrest you if they have good cause to suspect you have breached the peace or committed an offence punishable by imprisonment and they are satisfied on reasonable grounds that arrest is necessary to:
Right to be told reasons for police actions
If you have been arrested, detained or charged the police must tell you why - if they don’t, ask.
[s 23(1)(a) New Zealand Bill of Rights Act 1990]
Right to Silence
You do not have to answer any questions or make any statement. It is best to talk to a lawyer before you talk to the police. Remember making a false statement is a serious offence.
[s 23(4) New Zealand Bill of Rights Act 1990]
Right to a Lawyer
If you have been arrested, detained, or charged you have the right to talk to a lawyer. If you have been arrested or detained and you don't have a lawyer you can call one who will give you free advice. Tell the police you want to speak to a free lawyer on the Bill of Rights list. If you have been charged you have the right to free legal assistance to get a lawyer if you need it and the “interests of justice” require it. This is called “legal aid”. You probably won’t get legal aid unless you are likely to go to prison.
[s 23(1)(b) New Zealand Bill of Rights Act 1990]
See “Lawyers for Young People”
Right to be treated with humanity and respect
The police must treat you with respect and as a person not as an object.
[s 23(5) New Zealand Bill of Rights Act 1990]
Right not to be arbitrarily arrested or detained
You have the right not to be arrested or detained without good reason. If you have been arrested or detained the police must tell you of your rights to a lawyer and your right to silence.
[s 22 New Zealand Bill of Rights Act 1990]
If you are under 17 you have more rights
You also have the same rights as when you are being questioned by the police (see the next page).
If you are under 17 you have more rights
If the Police tell you that you are 'under arrest' or if they grab you or handcuff you then you have been arrested and you must go quietly even if you haven't done anything wrong. If you struggle, you can be charged with 'obstructing a constable' or 'resisting arrest'.
If you run away after you have been arrested you can be charged with 'escaping from lawful custody'. If you haven't done anything you will have a chance to prove it in court.
Running away or escaping after being arrested is a very serious offence and is probably going to get you a very big fine and into heaps more trouble.
Don’t run away. If you are arrested contact a lawyer as soon as you can so they can sort it out. (See “Lawyers for Young People”).
If you are 17 or over the police can arrest you without a warrant if they have good cause to suspect you have “breached the peace” (caused a disturbance) or committed an offence punishable by imprisonment.
If you are under 17 the police can arrest you if they have good cause to suspect you have breached the peace or committed an offence punishable by imprisonment and they are satisfied on reasonable grounds that arrest is necessary to:
- stop you committing further offences; or
- get you to court; or
- stop you from interfering with a witness or evidence.
Right to be told reasons for police actions
If you have been arrested, detained or charged the police must tell you why - if they don’t, ask.
[s 23(1)(a) New Zealand Bill of Rights Act 1990]
Right to Silence
You do not have to answer any questions or make any statement. It is best to talk to a lawyer before you talk to the police. Remember making a false statement is a serious offence.
[s 23(4) New Zealand Bill of Rights Act 1990]
Right to a Lawyer
If you have been arrested, detained, or charged you have the right to talk to a lawyer. If you have been arrested or detained and you don't have a lawyer you can call one who will give you free advice. Tell the police you want to speak to a free lawyer on the Bill of Rights list. If you have been charged you have the right to free legal assistance to get a lawyer if you need it and the “interests of justice” require it. This is called “legal aid”. You probably won’t get legal aid unless you are likely to go to prison.
[s 23(1)(b) New Zealand Bill of Rights Act 1990]
See “Lawyers for Young People”
Right to be treated with humanity and respect
The police must treat you with respect and as a person not as an object.
[s 23(5) New Zealand Bill of Rights Act 1990]
Right not to be arbitrarily arrested or detained
You have the right not to be arrested or detained without good reason. If you have been arrested or detained the police must tell you of your rights to a lawyer and your right to silence.
[s 22 New Zealand Bill of Rights Act 1990]
If you are under 17 you have more rights
You also have the same rights as when you are being questioned by the police (see the next page).
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Latest page update: made by YouthLaw
, Aug 31 2009, 12:19 AM EDT
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