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Oranga Tamariki Act 1989

Youth justice - Warnings and formal Police cautions

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you get a warning or a formal Police caution for something you did, that warning or caution cannot be used against you in court. When you are in court for something you did, the police cannot tell the court about the warning or caution you got, unless you want them to. The police also cannot use what you did to get the warning or caution as evidence against you if you are in court for something else, as stated in section 210 or section 211.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152199.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 4Youth justice
Warnings and formal Police cautions

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

  1. Where, in respect of any offence alleged or admitted or proved to have been committed by a child or young person, a warning or formal Police caution is given to that child or young person pursuant to section 210 or section 211,—

  2. no information relating to that warning or that caution shall be disclosed, other than on behalf of the defence, in any criminal proceedings against that child or young person:
    1. no evidence of that offence shall be admissible, on behalf of the prosecution, in any criminal proceedings against that child or young person for any other offence.