Oranga Tamariki Act 1989

Youth justice - Arrest of child or young person without warrant

214A: Arrest of child or young person in breach of bail condition

You could also call this:

"Police can arrest you without a warrant if you break your bail rules more than once."

Illustration for Oranga Tamariki Act 1989

If you are a child or young person and you have been released on bail, a constable can arrest you without a warrant. This can happen if the constable thinks you have broken a condition of your bail, and you have broken a condition of your bail at least two times before. The constable must have good reasons to think you have broken a condition of your bail. If you appear in court and the court looks at your bail, any breaches of bail conditions that happened before you went to court cannot be used to arrest you again under this rule.

If you are arrested without a warrant under section 35 of the Bail Act 2000 and in line with section 214 of this Act, then this rule does not apply to you.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5594702.


Previous

214: Arrest of child or young person without warrant, or

"When can the police arrest a child or young person without a warrant?"


Next

214B: Arrest of person aged 17 years released on bail by District Court or High Court, or

"Arrest of a 17-year-old on bail: Police can arrest you without a warrant if you break bail rules."

Part 4Youth justice
Arrest of child or young person without warrant

214AArrest of child or young person in breach of bail condition

  1. A constable may arrest a child or young person without a warrant if—

  2. the child or young person has been released on bail; and
    1. the constable believes, on reasonable grounds, that—
      1. the child or young person is in breach of, or has recently breached, a condition of that bail; and
        1. the child or young person has on 2 or more previous occasions breached a condition of that bail (whether or not the same condition).
        2. If a child or young person appears before a court and the court considers the child’s or young person’s bail, no breach of a bail condition that occurred before the appearance may be used to support a subsequent arrest under this section.

        3. This section does not apply if a child or young person is arrested without warrant under section 35 of the Bail Act 2000 in accordance with section 214 of this Act.

        Notes
        • Section 214A: inserted, on , by section 41(3) of the Bail Amendment Act 2013 (2013 No 66).
        • Section 214A(1)(b)(i): replaced, on , by section 32(1) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
        • Section 214A(2): inserted, on , by section 32(2) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
        • Section 214A(3): inserted, on , by section 32(2) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).