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Oranga Tamariki Act 1989

Youth justice - Warnings and formal Police cautions

212: Notice of warning or caution

You could also call this:

"Getting a warning or caution: what you need to know"

Illustration for Oranga Tamariki Act 1989

If you give a warning or a formal Police caution to a child or young person, you must give them a written notice as soon as possible. This notice tells them what offence they did and that they got a warning or caution for it. You also have to give this notice to their parent, guardian, or the person taking care of them.

You have to write the notice in a way that the child or young person can understand, as well as their parent, guardian, or caregiver, if possible. This notice is important because it explains what happened and what the warning or caution is for, according to the rules in section 210 and section 211.

When you get this notice, it will say what you did wrong and that you got a warning or caution for it, so you know what to expect.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152198.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal law
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211: Formal Police caution, or

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

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213: Evidence of warnings and formal Police cautions and of offences to which they relate not admissible in criminal proceedings, or

"Warnings or police cautions can't be used against you in court unless you agree."

Part 4Youth justice
Warnings and formal Police cautions

212Notice of warning or caution

  1. Every person who gives a warning pursuant to section 210, or a formal Police caution pursuant to section 211, to any child or young person shall, as soon as practicable after giving that warning or caution, give written notice specifying the offence in respect of which the warning or caution is given, and recording the fact that a warning or caution has been given in respect of that offence, to the child or young person and a parent or guardian or other person having the care of the child or young person.

  2. Where practicable, every such notice shall be given in language that can be understood by the child or young person and the parent or guardian or other person having the care of the child or young person.