But they are also there to protect you when those around you break the law – they might think you are a witness to an offence or that you need help.

Generally, your rights in relation to the Police depend on your age. If you are under 17, you are covered by the Youth Justice part of the Children Young Persons, and their Families Act 1989. If you are 17 or older you are considered to be an adult. There are many exceptions!

So what do you want to know about?
What should you do if a Police officer stops you or questions you?
When can I be stopped by the Police?
If the Police want to search my bag, do I have a say?
What about searching my house?
If I get stopped on suspicion of drinking and driving, what happens?
What are my rights in relation to the Police?
When do the Police have to tell me my rights?
Do I have special rights because of my age?
Can I complain about how I was treated by the Police?
What is Diversion?
What does a “warning” mean?
What does a “caution” mean?
If I’m arrested and I’m under 17, what happens?
What is the difference between a Youth Court and an adult court?
I haven’t been arrested, but the Police want to take my fingerprints
– am I under suspicion?
Can the Police take me home for any reason?
How do I find a lawyer?

What should you do if a Police officer stops you or questions you?
Firstly, make sure the person is a Police officer, especially if they are in plain clothes – they must show you proof of their identity.

Secondly, be very careful that what you say or write down for the Police is exactly what you mean. Don’t lie. State clearly what you have to say and leave it at that. It doesn’t pay to argue with a Police officer. If you are suspected of committing a crime you are entitled to say nothing about the matter until you’ve spoken to a lawyer.

If a friend is arrested or spoken to by the Police, it’s usually best to get help from a lawyer or from your friend’s family. Do not interfere yourself.

When can I be stopped by the Police?
The Police can stop you if they think:

If the Police want to search my bag, do I have a say?
The Police can search you, your bag or your car if:

If you don’t agree to a search, then say so – silence is taken as agreeing. If you are female, usually only a female Police officer can search you.

What about searching my house?
The Police can search your house if you agree, or they have a search warrant, or they have a reasonable ground to believe there are drugs, weapons or explosives there.

If I get stopped on suspicion of drinking and driving, what happens?
The Police can ask you to take a breath-screening test. If you refuse, or you fail the breath-screening test, they can require you to return to a Police station for an evidential breath test and/or blood test. If you refuse to go to the station you can be arrested. You have the right to talk to a lawyer before you take an evidential breath and/or blood test.

What are my rights in relation to the Police?

When do the Police have to tell me my rights?
A police officer is obliged to inform you of your rights:

Do I have special rights because of my age?
If you’re under 17, the Police have fewer powers to arrest and question you.

Once you’re 10 you can be charged with murder or manslaughter. Once you’re 14 you can be charged with other offences.

The law says you’re a child up to and including the age of 13. If you break the law you’ll be dealt with by Police diversion, a family group conference or the Family Court.

From 14 to 16 the law says you are a young person. If you break the law you’ll be dealt with by Police diversion, a Family Group Conference or the Youth Court.

The aim is to help young people learn from their mistakes and to develop in a more responsible and socially acceptable way.

You’re entitled to have a lawyer or another adult present when the Police are taking a statement from you.

The Police must explain your rights in a way you understand. If you’re not sure what anything means, please ask the Police officer or check with your lawyer or another adult.

Can I complain about how I was treated by the Police?
If you feel harassed or think you were improperly searched by the Police, you should act quickly. Talk to your lawyer and if you were injured by the Police, see a doctor and get photographs of your injuries.

You can also complain to the senior Police officer at the station, or the Police Complaints Authority (PO Box 5025, Wellington, freephone 0800 503 728).

Don’t argue with the Police at the time. Write down the name and/or badge number of the officer involved, together with a description of what happened, including the time and place. If the complaint is serious, get your lawyer to help you write this statement as it could be important later.

What is Diversion?
Diversion is designed to keep first time offenders out of the Court and to:

You might receive a warning or a caution from the Police, or a Youth Aid officer might visit your house and speak to you and your family.

What does a “warning” mean?
A warning means you have come to the attention of the Police but no action will be taken against you that time. But if the same thing happens again you could be dealt with differently – details are kept on internal Police records. The Police may write to your parents to inform them.

What does a “caution” mean?
A caution is a more formal warning and you’ll have to go to the Police station with your parents. This will also be noted on internal Police records and if you re-offend you could be dealt with more seriously.

If I’m arrested and I’m under 17, what happens?
There are only a few situations when a child or young person can be arrested:

If you’re arrested, you must give your name, address and date and place of birth. You must give your fingerprints and allow a photo of yourself to be taken. In some cases, the Police may take blood samples for the purpose of DNA analysis.

You have the right to consult and instruct a lawyer without delay in private and without cost using the duty roster (a list of lawyers available 24 hours a day). There should be a list of lawyers available at the Police station. If you don’t have a lawyer, ask for the list and pick one.

Police rules state that normally a friend or relative named by you is to be told by the Police that you’ve been arrested.

If you’re being questioned by the Police or have been arrested you can have a support person with you. It has to be an adult, and if you refuse to name someone, or the person you choose isn’t suitable, the Police can choose another adult (who isn’t a Police officer). That person then makes sure you understand what is happening and that you aren’t being disadvantaged.

You should ask to be released on bail. You don’t have an automatic right to be bailed by the Police, but in many cases bail will be given. You’ll then have to appear in court on the day mentioned on the summons form.

If you don’t see a lawyer before you’re taken to court, make sure you see the duty solicitor at court – this is a free legal service.

What is the difference between a Youth Court and an adult court?
The Youth Court is only for young people aged 14 - 17 years. It is more informal than adult courts and hearings are private and can not be reported in the media. Youth Court judges are chosen for their experience and understanding of young people and the law. Judges will take the young person's welfare and circumstances into account and when they are sentencing will try to focus on family decisions and community based measures rather than harsh, adult-like punishments.

Young people who commit serious offences such as murder, burglary, rape or serious assault, or those who repeatedly offend, may be transferred from the Youth Court to an adult court where their case will be heard.

The adult court can impose different sentences (punishments) from the Youth Court, such as: corrective training, periodic detention, prison sentences, and supervision by a probation officer (which can include drug and alcohol counseling or anger management).

I haven’t been arrested, but the Police want to take my fingerprints – am I under suspicion?
The Police might want to take your fingerprints as part of the routine investigation of a crime. This doesn’t necessarily mean you are under suspicion. The Police might want to rule out the fingerprints of innocent people where the fingerprints were found (e.g., if your house is broken into, the Police might want fingerprints of all the people living there and regular visitors to help them work out if any of the fingerprints belong to the burgler).

It is your decision whether you give your prints and if you do, the Police should destroy those prints after they’ve finished checking them.

Can the Police take me home for any reason?
If you’re under 17 and not with your parents or guardians and the Police think you are at risk, they can pick you up and return you home (or into the care of a social worker if you don’t want to go home) under the Children, Young Persons and Their Families Act 1989. This Act applies at any time of the day and you don’t have to be in a public place for it to be enforced. They could be concerned about either your physical or mental health.

Under the law, the Police can’t make you go home, or take you there, whatever the time is, unless they feel you are seriously at risk.

If you’re over 17 and drunk or out of it, the Police can take you home. If you can’t or won’t tell the Police where you live, they can take you to a detox centre or temporary shelter. If none can take you, the Police can hold you for up to 12 hours until you’re capable of looking after yourself.

How do I find a lawyer?

For more information: