Out and about at night

Has this happened to you?Are curfews legally enforceable?Can the Police take me home if I don't want to go?What can I do if the Police try to take me to the station because of a curfew?What if the Police officer questions me?Can the Police arrest me?Can the Police search me?SUMMARYYou can:



Has this happened to you?

Its about 11 pm at night and you've been out with your friends to see a movie. You meet a Police officer who tells you that there's been a bit of trouble in your town and the locals are getting sick of it. With the support of local community groups the Police decide to stop young people being in the streets after dark or after a particular hour. This is sometimes called a curfew. You're pretty annoyed with this and wonder what can be done about it.

If so, then this information sheet is for you.

Are curfews legally enforceable?

The Police are quite within their rights to warn you of the dangers of being out in the streets after dark or to contact your parents expressing concern about you.

If you are seriously at risk they could contact Child, Youth and Family Services (CYFS) (if you are under 17) and a Social Worker could call a family group conference to discuss whether you are in need of care or protection.

Can the Police take me home if I don't want to go?

If you are under 17 years of age and you are in a public place and not accompanied by a parent or other adult caregiver the Police can take you home if your physical or mental health is at risk or is likely to be at risk (e.g. you are drunk, out of it on drugs, or at risk of being abused or hurt).

Even then the Police cannot take you home if you do not wish to go home - if you don't want to go home they must take you over to a CYPFS home.

What can I do if the Police try to take me to the station because of a curfew?

Unless you have been arrested you don't have to go with the police to the station. Remember, don't be smart or use threats or violence. Keep calm, and just tell the Police officer that you don't want to go to the Police station.

What if the Police officer questions me?

If you're under 17 years of age and the Police officer is questioning you in connection with an offence then before the Police officer questions you in connection with an offence s/he has to tell you that:

• You may be arrested if you don't give your name and address.
• You don't have to go anywhere with the Police for the purpose of being questioned but if you decide to go with the Police you can change your mind at any time.
• You don't have to make or give a statement but if you decide to anyway that you can change your mind at any time.
• If you make a statement the Police may use it in evidence.
• You're entitled to consult a lawyer.
• You can have your lawyer, parent or other supportive adult present when you make a statement.

You also must be told of these rights IF YOU ASK.

If the Police don't explain your rights then the court should not let them use any statement you make against you in court.

If you are 17 or over tell the Police your name and address. If you are arrested or detained by the Police you are entitled:

• To be told why you are being arrested or detained.
• To see a lawyer and to be told of this right.
• To be released if the arrest or detention is not lawful.
• To be treated with respect and dignity.
• To be told that you don't have to answer any questions or make a statement.

If the Police don't comply with the above then any evidence they get as a result may be held by the court to be inadmissible.
Also see the information on Young People & the Police.

Can the Police arrest me?

The Police can only arrest you if:

Under 17

• They think you have broken the law and you need to be arrested to get you to court, stop you from committing more offences, destroying evidence or interfering with a witness; or
• They think you have committed a serious crime (eg rape or murder) and you need to be arrested to protect society; or
• They have a warrant for your arrest; or
• You don't tell the Police your correct name, and address when asked to.

Over 17

• They think you have committed an offence that is punishable by prison; or
• You are committing an offence; or
• They have a warrant for your arrest.
• You don't tell the Police your correct name and address when asked to. If you are arrested then, unless it’s obvious, the Police officer has to tell you why you are being arrested.

Can the Police search me?
If you have been arrested and are to be locked up in Police custody then the Police can search you but only at the Police station or other place or in a vehicle which is at the time being used for Police purposes. If the Police have taken you into custody for breaking a curfew they can't search you because the curfew itself is not legal.
If you are not arrested and the Police do not have reasonable grounds to believe you are carrying drugs, a knife, an offensive weapon, explosives, a disabling substance or firearm (or stolen goods if you are on a wharf or railway station) and they do not have a search warrant the Police can't search you without your agreement.
The Police can search your car if they have reasonable grounds to think it contains stolen property.

SUMMARY

Remember:

• Curfews are not legally enforceable.
• The Police can't arrest you or take you home or to a Social Worker/CYPFS home just for breaking a curfew.
• The Police can't search you without your consent unless they arrest you or have a warrant or have reason to think that you have drugs, a knife, an offensive weapon, explosives, a disabling substance or a firearm (or stolen goods only if you are on a wharf or railway station) on you.
• If you're under 17 years of age the Police have to explain your rights to you before questioning you in connection with an offence. They must also explain your rights at any time if you ask.
• You don't have to go anywhere with the Police unless you are arrested.
• You don't have to answer any questions apart from giving the Police your name, date of birth and address.
• You have a right to consult a lawyer and, if you're under 17 years of age, a family member or other supportive adult.

Its all very well knowing my rights but what can I do if the Police decide to pick me up for being at risk when I'm not, or, for breaking a curfew?

You can:

(1) Make a complaint to the Police Complaints Authority.

The Police Complaints Authority is an independent body, which deals with complaints about the Police. It decides whether the Police acted unlawfully and can make recommendations. You can contact the Police Complaints Authority yourself, or see us or another lawyer to help you make the complaint.

The address of the Police Complaints Authority is:

POLICE COMPLAINTS AUTHORITY
7th floor, Local Government Building
112-118 Lambton Quay
WELLINGTON
Free phone 0800-503-728
Ph: (04) 499-2050
Fax: (04) 499-2053

(2) Sue the Police for wrongful arrest and/or wrongful imprisonment.

If you were searched then you can also sue for assault. If you decide to sue then you will need to see a lawyer. If you win you'll be entitled to damages (i.e. money) from the Police.

You may be able to get legal aid for your lawyer’s fees.

You should speak to YouthLaw, your local Community Law Centre or a private lawyer about this.