Youth Court Decisions How to Use Full list of key titles CYPFA section Date

Police v TC (11 April 2000) YC, Masterton, CRN 3138 & 3139, Ongley DCJ

Name: Police v TC
Unreported
File number: CRN 3138 & 3139
Date: 11 April 2000
Court: Youth Court
Location: Masteron
Judge: Ongley DCJ
CYPFA: s214; s221
Charge: Resisting Arrest; Burglary, Theft
Key Title: Arrest without warrant; Nominated person; Reasonable compliance; Admissibility of statements

Summary: TC (15) charged with resisting arrest. Police suspected TC of involvement in burglary, theft and interfering with vehicles. Search warrant executed but no evidence found. Three days later Police officer informed TC, at TC’s front gate, that he wished to speak to him in relation to burglaries and asked if TC would accompany him to the Police Station; TC responded that he would find his own way there; TC’s father intervened and a scuffle ensued; officer used OC spray on TC; TC not informed of s215 CYPFA rights; TC fell and escaped but was later arrested.

Whether grounds existed for TC’s arrest. TC had not committed any purely indictable offence justifying arrest under s214(2) CYPFA; Police not aware of any further offending by TC. Court found no grounds for arrest without warrant. The fact that TC was unwilling to accompany the officer to the Police station and actively resisted such a course did not add to the substance of grounds for arrest. In the absence of any evidence that the young person was attempting to avoid the Police there is no apparent reason why a warrant could not have been issued. Statements made re admissibility of confessional statements.

TC did not nominate a person for the purposes of s221(2)(b) CYPFA but police criticised for not locating his mother and for not giving the nominated person a chance to speak to TC privately; s221 probably not complied with (R v T [1996] NZFLR 961, 969).

Cases on reasonable compliance discussed. The Court noted that there was a serious question whether there was reasonable compliance within the spirit and object of the legislation.

Decision: The charge of resisting arrest failed and was dismissed.