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New Zealand Police v KF [2017] NZYC 130

Published 28 March 2017

Issue of identification — indecent assault — issues regarding communication of young person's rights — known youth advocate to be contacted by police. The judgment related to identification and whether the young person had been sufficiently identified by witnesses as the person who had committed two indecent assaults. The the assaults were found to be proven. The Judge noted a very important issue regarding the communication of a young person's rights in a police interview. Particularly that: the "and/or" wording (used to tell the young person they could have their lawyer and/or a nominated person present) is likely to be confusing to a young person; and the young person's known youth advocate should have been contacted by police. A challenge to admissibility would have succeeded if anything in the interview had been supportive of the Police case. Judgment Date: 16 February 2017. * * * Note: Names have been changed to comply with legal requirements * * *

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