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Can I have someone with me when I am questioned?
Principals/Senior Staff Members
There is no law saying that the principal or a senior staff member must make sure you have a supportive person there (such as a parent, whanau member or adult friend) when you are questioned about something serious. The principal may want to talk to you to find out if something serious has happened, which they would have to tell your parents about.
Under the Education Act, the principal has to tell your parents if there are any problems that are affecting your schooling. The principal must also tell your parents if you are suspended or stood-down.
If you are being questioned by the principal about something, and you wish to have your parents or other supportive adult present, you can ask the principal to contact them for you. It is particularly important to do this if you are feeling upset or uncomfortable. The school has a duty to provide a safe emotional environment for you. Therefore if you ask the principal if your parents can be there because you are feeling unsafe, it is probably in the principal’s interests to contact them.
Police/Youth Aid Officer
If you are aged 16 years or below, the Police must inform you of your right to have an independent adult of your choice present during any questioning to follow. This is the duty of the Police, or any other ‘enforcement officer‘ (which can include truancy officers) under the Children, Young Persons and their Families Act.
If an independent adult of your choice is not available, then the Police must arrange for an adult to be present from their list of independent nominated persons (INPs). An INP will usually be a Justice of the Peace (JP). A JP is a person who is important in the community.
They must be there to support you when the police officer is questioning you, help you understand what’s happening and stop the officer from acting unfairly. This means that the support person must be active in telling the police officer that he or she has crossed the line of asking you to “help with their enquiries”.
The support person also needs to stop the police interview and advise you of your rights if they think that you may have committed a crime. This is so that you are aware that anything that you tell the police may be used as evidence against you if you are charged with an offence.
If you are aged 17 years or over then the Police do not have to give you the opportunity to contact your parents or another supportive adult when questioning you at school. However, if you are arrested and taken to the station, the Police must give you the opportunity to telephone someone (such as your parents or a lawyer) when you are there. You can ask to call a free lawyer off the “Bill of Rights” list.
There is no law saying that the principal or a senior staff member must make sure you have a supportive person there (such as a parent, whanau member or adult friend) when you are questioned about something serious. The principal may want to talk to you to find out if something serious has happened, which they would have to tell your parents about.
Under the Education Act, the principal has to tell your parents if there are any problems that are affecting your schooling. The principal must also tell your parents if you are suspended or stood-down.
If you are being questioned by the principal about something, and you wish to have your parents or other supportive adult present, you can ask the principal to contact them for you. It is particularly important to do this if you are feeling upset or uncomfortable. The school has a duty to provide a safe emotional environment for you. Therefore if you ask the principal if your parents can be there because you are feeling unsafe, it is probably in the principal’s interests to contact them.
Police/Youth Aid Officer
If you are aged 16 years or below, the Police must inform you of your right to have an independent adult of your choice present during any questioning to follow. This is the duty of the Police, or any other ‘enforcement officer‘ (which can include truancy officers) under the Children, Young Persons and their Families Act.
If an independent adult of your choice is not available, then the Police must arrange for an adult to be present from their list of independent nominated persons (INPs). An INP will usually be a Justice of the Peace (JP). A JP is a person who is important in the community.
They must be there to support you when the police officer is questioning you, help you understand what’s happening and stop the officer from acting unfairly. This means that the support person must be active in telling the police officer that he or she has crossed the line of asking you to “help with their enquiries”.
The support person also needs to stop the police interview and advise you of your rights if they think that you may have committed a crime. This is so that you are aware that anything that you tell the police may be used as evidence against you if you are charged with an offence.
If you are aged 17 years or over then the Police do not have to give you the opportunity to contact your parents or another supportive adult when questioning you at school. However, if you are arrested and taken to the station, the Police must give you the opportunity to telephone someone (such as your parents or a lawyer) when you are there. You can ask to call a free lawyer off the “Bill of Rights” list.
YouthLaw |
Latest page update: made by YouthLaw
, Mar 30 2010, 5:38 PM EDT
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Keyword tags:
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support person
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