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

Police v WR (4 December 2002) YC, Rotorua, CRN 1204003769, Grace DCJ

Name: Police v WR
Unreported
File number: CRN 1204003769
Date: 4 December 2002
Court: Youth
Location: Rotorua
Judge: Grace
CYPFA: s48, s215, s221, s223
Charge: Arson
Key Title: Admissibility of statements; Nominated person; Custody – Police; Care and protection – Misuse of s48

Summary: Admissibility of two statements challenged; WR (14 at time of alleged offence) charged with wilfully setting fire to a building; $80,000 damage to Scout Hall with historic value; charge denied. WR had been found intoxicated at night; Police returned WR to relative’s house; half hour later WR found again near area where fire ablaze; taken into "protective custody" pursuant to s48 CYPFA; WR made the first of two admissions at night while intoxicated; no caution or warning was given; no opportunity for a lawyer; WR not advised that he could leave Police station. "Holding young people in cells overnight for detoxification does not meet the requirements of the legislation"; WR’s detention unlawful as provisions of section 48 not complied with; WR should have been released to relatives if he consented to that course or to a social worker; this was not done and therefore the first statement is not admissible. Some question whether aunt as nominated person given nominated person information. As to second statement made the following morning when WR interviewed by Police: WR detained for 11 hours at age 14; breach of CYPFA; not arrested yet in Police detention; not charged yet detained without caution. Even if s224 as to reasonable compliance applies, the issue exists as to WR being in detention for 11 hours.

Decision: First statement inadmissible. Even if second statement legally admissible this is a case where a Court should exercise its discretion and not admit the statement. Charge dismissed.