National proposes removing right to silence in child murder cases

If re-elected, the National Party intends to make it a Crimes Act offence for adults to withhold information from police when a child under 12 is murdered. The proposed law would apply in exceptional circumstances where it is unequivocal that one or more adults were present at the time of the death or in the lead-up to it.

The offence would carry a maximum prison sentence of 10 years. National's Justice spokesperson Paul Goldsmith stated the policy aims to prevent people from abusing the right to silence to ensure horrific crimes do not go unpunished.

Goldsmith said the change would force perpetrators and accomplices into a position where they eventually call each other out. He noted that the right to remain silent is a fundamental principle but should not be absolute when a child has lost their life.

The party plans to work with legal experts to draft the exception if they return to government. This proposal comes eight days before advance voting begins for the November 7 election.

How it developed

• Sun 18 Oct, 10:31amThe report notes that the Bill of Rights Act 1990 currently allows individuals to refrain from speaking to police and mentions the 2006 deaths of Chris and Cru Kahui as a relevant historical context.

Where reports differ

• Reports vary on whether the age limit for the child is 'under 12' or '12 and under'

Compiled from reports by Stuff, The Post, 1News, NZ Herald, RNZ and Otago Daily Times.