Your Rights Overview
POLICE QUESTIONING: Be calm and don’t get smart to the police. You have the right to remain silent - including written statements - other than giving your name, address, and if in an age-sensitive situation, your date of birth. You don’t have to go anywhere with police unless arrested. Not even a ‘just come over here so I can talk to you.’ You have the right to speak to a free lawyer on the Bill of Rights list. If you are under 17 you have the right to have a supportive adult with you at the station.
SEARCHES: Police can search you, your bag or car if (a) you let them, (b) they arrest you, (c) they have a search warrant, or (d) they have reasonable grounds to believe you have drugs on you (this could include smelling or seeing drugs or seeing you using drugs) and they invoke the Misuse of Drugs Act (MDA) section 18 subsection ii (property) or iii (person). They must tell you if they are using this search power. Silence is taken to be consent, so if you do not want to be searched, say “NO, I DO NOT CONSENT TO A SEARCH. WHAT IS YOUR LAWFUL AUTHORITY?” Ask their reason for thinking you were using or have drugs. If they invoke the MDA they must file a report with the Police Commissioner within 72 hours, and you have the right to obtain a copy of this report. You have the right to watch them search. You have the right to a witness. The police can search your home if (a) you consent, (b) they have a valid search warrant, or (c) they have reasonable grounds to believe there are drugs there and invoke the MDA. They can only search inside your mouth if you agree. You can only be searched internally (and only by a doctor) if the police have arrested you and they have reasonable grounds to believe you have drugs inside you. If you are female then only a female officer can search you. Police must let you know their name & badge number if they arrest you.
DRIVING: An officer can stop any car at any time to check for warrant, registration etc. You and your passengers have the right to remain silent, but must give your names, dates of birth, addresses and the registered owner of the car. The driver can be detained for up to 15 minutes to establish identity. An officer can search your can if (a) you agree, (b) they have reasonable grounds to believe there are drugs in the car and invoke the MDA, (c) they have a search warrant, (d) they arrest you and you’re with your vehicle at the time, or (d) under the Crimes Act police can now search any car and its occupants for stolen property.
AT SCHOOL: A teacher can search your bag only if you agree. Teachers can’t search whole classes without the consent of each student. Teacher’s can’t use physical force to search students or their bags. Police can search students for drugs at school only if you agree to it, they have a search warrant, they arrest you, or they have reasonable grounds to believe you have drugs on you. If you are questioned about a serious discipline matter, you have the right to not say anything and can’t be forced to make a statement. You also have the right to ask for someone to support you - this could be a parent or other family member, dean, teacher, guidance counsellor, youth advocate or any other person you trust. For more help and information, contact Youthlaw Project on 09 309-6967
www.youthlaw.co.nz
AT THE STATION: If you are arrested, you must go with them. Ask for your lawyer or another from the Bill of Rights list. Don’t be videoed, don’t make deals, don’t nark. You must give your name, address, date and place of birth, and occupation - nothing else. You have the right to NOT make a statement, and the police must inform you of this. You have the right to know the nature and cause of the charge, at the time of arrest. You have the right to consult a lawyer.
IN COURT: You have the right to see all evidence they have against you before your trial - ask for ‘full disclosure’ of ALL the evidence they have. Make them work for a conviction, don’t hand it to them. What you do in court depends on whether you are a Dumb Lamb, a Stubborn Mule, or a Roaring Lion!
The Dumb Lamb meekly offers their throat to the butcher’s knife, mindlessly going where directed and doing like the police say and pleads “guilty” to get it over and done with. It’s you that’s getting done, while the police get a nice easy conviction.
The Stubborn Mule resists every step of the way, making the police and court work for a conviction. First appearance: enter “no plea” and seek legal advice. Second Appearance: “No plea” again. Say you refuse to recognise the charge, because you don’t think you’ve committed a crime. Third Appearance: this is your chance to tell the judge exactly why you think the law stinks, in the politest possible way. The penalty for the Mule is not going to be more than for the Lamb, and often will be less, but you cost the system heaps and kept your self-respect.
The ROARING LION is proud, and staunch with it. The Lion goes through the court process in the same way as the Mule, but takes non-cooperation that stage further. They tell the judge that they will not pay a fine, or do PD. If the court is determined to punish them, it will have to send them to jail, putting strain on an already full up prison system. The more we clog up their system, the less it will be able to cope.
COMPLAINTS: Write down everything that happens, and get any witnesses to do the same. Take photos of any injuries. You can make a formal complaint to the Police Complaints Authority, PO Box 5025 Wellington, Freephone 0800 503 728. Further information: www.police.govt.nz
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