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

Police v AJH (24 August 2006, YC, Masterton, CRI-2006-235-44) Judge Walsh

Name: Police v AJH
Unreported:
File number: 2006-235-44
Court: Youth Court
Location: Masterton
Date: 24 August 2006
Judge: Walsh DCJ
Charge: Behaving in disorderly manner likely to cause violence; theft, possession of offensive weapon, assault with intent to injure
CYPFA: s214
Key title: Arrest without warrant
Case Summary: Police called to a fight; a Police officer searched AJH under s202B CA after explaining her rights under the BORA; blood on AJH’s T-shirt; AJH said this was from eczema. AJH denied having possession of a knife. Another Police officer then arrived and, as he had information that AJH was in possession of a knife, arrested AJH, used handcuffs. Whether arrest lawful. First Police officer said AJH had agreed to accompany her to the police station but had not told the other police officer this. A third police officer then gave AJH her “children’s rights”; AJH later told the officer there was a knife down her top. AJH nominated her Grandmother to be present at the interview.

Held: no ground for the arrest under s214(1)(a) CYPF Act. Although AJH in possession of a knife two Police officers confirmed AJH had been co-operative and answered questions; AJH did not resist when her handbag was searched. First Police officer quite right not to conduct personal search of AJH in busy street.

Decision: Arrest unlawful and Informations dismissed.