Oranga Tamariki Act 1989

Youth justice - Warnings and formal Police cautions

211: Formal Police caution

You could also call this:

"A formal Police caution is a warning from a senior Police officer when you do something wrong."

Illustration for Oranga Tamariki Act 1989

If you commit an offence, a family group conference might recommend that you get a formal Police caution. A constable can give you this caution. The caution is usually given at a Police station. A constable who is a sergeant or higher, or the most senior constable available, gives the caution.

The caution is given when a parent, guardian, or another person taking care of you is present. Alternatively, it can be given when an adult you nominate is present. A constable gives the caution, and it is part of the Oranga Tamariki Act 1989.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152197.


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Part 4Youth justice
Warnings and formal Police cautions

211Formal Police caution

  1. Where, in respect of any offence admitted or proved to have been committed by a child or young person, a family group conference recommends that a formal Police caution be given to the child or young person, a constable may caution the child or young person.

  2. The following provisions shall apply in respect of a formal Police caution given to a child or young person:

  3. where practicable, the caution shall be given at a Police station:
    1. the caution shall be given by a constable who is of or above the level of position of sergeant, or if no such constable is available, by the most senior constable available:
      1. the caution shall be given in the presence of—
        1. a parent or guardian or other person having the care of the child or young person; or
          1. an adult person nominated by the child or young person.
          Notes
          • Section 211(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 211(2)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 211(2)(b): amended, on , by section 130(1) of the Policing Act 2008 (2008 No 72).