NZ Single Parents Trust

What do you do when the police coming knocking at your door?
This article is to give you some knowledge about the police and your rights when you come into contact with them.

The one thing that you are obliged to do (if asked) is to identify yourself. You must give your full name, address, phone number and possibly photo I.D.
If you are questioned, detained or arrested by Police, your legal rights are:

1. You have the right to consult and instruct a lawyer, in private and without delay
2. You have the right to refrain from making a statement
3. You have the right to ask why you are being questioned, detained, or arrested.

Police.govt.nz

Remember

1. Before you answer any Police questions about an offence they suspect you of, always talk to a lawyer.
2. Ask to see the list of PDLA lawyers.
3. Phone a lawyer from the list for advice.

If you’re under 17, and the Police want to question you about an offence they suspect you’ve committed, they must first explain that you have:

1. the right to talk to a lawyer, and
2. the right to see a “nominated adult” – either a parent or other adult of your choice

You have the right to talk privately with the lawyer and with the nominated adult.
The Police must also contact your parents or caregivers to tell them that you’re being questioned or have been arrested.
Youth Law
The Police Detention Legal Assistance scheme

Be aware that this other adult they talk about is a ‘Justice of the Peace’ and not a legal specialist. The best thing you can tell yourself and your children is this:

1. Give your name, address and phone number
2. Stay silent until you have you (the parent) or a lawyer present (not another adult)

Then you should contact a lawyer of your choosing. Barristers are higher than lawyers and it would be advised to get a lawyer or barrister that is highly recommended.
I have heard of a story where a lawyer was on a drink driving charge and was acquitted because he wanted his lawyer which was not on the PDLA list and the police had refused to give him a phone book telling him he had to choose from the list.
Too many times I hear of people telling others, “Just be honest, the police are fair, justice is fair.” This is not true. The law is the law and if you have broken the law, you will be arrested. It is up to you to prove your innocence in a court of law. You MUST start your case from the very first words that come from your mouth.
After all, when read your rights from the police, they say, “You have the right to remain silent, anything you say will be held against you in a court of law.”

If you are arrested, you will either be given bail (right then and there) and be allowed to go home or made to spend the night in a police cell. If you do not get bail (right there and then) because of the scale of the crime, safety of the community or because of other circumstances like (parole violation, re-offending, breach of bail) you will be kept in the police cells until the next working day (mon-fri) where a judge will decide whether you are allowed home on bail, with or without a sum of money paid as collateral or you have to be remanded to a prison until your get a hearing. (court case)

Who can apply for criminal legal aid?

Criminal legal aid is available to anyone who has been charged with a criminal offence.

It’s also available for people appearing before the New Zealand Parole Board.

You don’t have to be a New Zealand citizen or be living here permanently

Legal aid is not a free service. It is given to people when they can prove their expenses are larger than their income. It is easily given to beneficiaries. But, legal aid is given under the circumstance that you may have to pay it back in the future if your circumstances change. This however, rarely happens.

Other useful information.

If you want to make a complaint about police
police.govt.nz

Useful information on disputes with neighbours, disputes tribunal, rental tribunal and rights
Citizen’s advice bureau

A site that gives you information about you rights
www.netlaw.co.nz

This entry was posted on Saturday, August 5th, 2006 at 6:43 pm and is filed under Legal Information, News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.