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Child Criminals

  • The police are authorised to arrest, interrogate and detain child criminals in the same manner as adult criminals
  • Youth will be considered an individual under the age of 16 years [Alternatives: youth be 10 to 16 years of age, or 10 to 17]
  • It shall be set in law that an acting police officer has the right to detain and arrest youth (children). The police are authorized to arrest, interrogate and detain youth criminals in a manner apropriate to their age - with a child advocate present at all times, special provisions for the youth's safety may be taken, such as housing the youth criminal in a separate holding cell from adult criminals, and preventing any undue harm to the youth.
[Alternative: It shall be set in law that an acting police officer has the right to detain and arrest youth (children) who are no younger than 10 years of age. The police, within the boundries of New Zealand law, have the right to question only when the youths legal guardian present or if the youth requests or permission is sought and granted by the youth's legal guardian, a lawyer may be present either at the states expense or by private means]
Comment
What exactly is the definition of an "acting police officer"? One who is currently on duty? Clearly identified? A citizen acting within an officer's capacity? A deputised citizen?
  • The police shall also, within the boundaries of New Zealand law, have the right to question with another police officer present or with the youths legal guarding present or if the youth requests or permission is sought and granted by the youth's legal guardian, a lawyer may be present either at the states expense or by private means.

Alternative views

• I don't think children should be detained in the same way as adult offenders at all. Age is otherwise a relevant mitigating factor in trial rather than in arrest and interrogation.
• Youth who commit crimes or are suspected of having commited a crime should be dealt with as an adult offender/suspect would. They do an adult crime they get treated as an adult this includes detaining, restraining and sentencing.
• Children aged 10-16 can be pretty savvy, and should be liable for conviction, sentence, imprisonment and retraining. However, a "borstal" type prison would likely serve them better than an adult prison.
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Page last modified on 02 October 2007 at 13:49 PM

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