Students and the police

My son Max was suspected of having marijuana at school. He was detained in a room by the principal until the police arrived. Was this legal?

Yes. Schools are entitled to detain a student suspected of having committed a criminal offence until the police arrive. They should be given something to work on during this time and have access to toilets and food at meal times.

Max is only 15, but the police searched him. Could they do this?

Yes, provided Max consented to the search, or the police had reasonable grounds to believe he had the drugs (or a weapon), or the police had a search warrant, or Max had been arrested.

The Children, Young Persons and Their Families Act (CYPFA) defines "children" as those under 14 years of age. "Young people" are those who are 14, 15 or 16 years of age (unless they are or have been married). Children and young people have their rights protected by CYPFA, irrespective of whether they are at school or at home.

When police are called to a school, their ability to search a child or young person is clearly defined by this Act.

The police also interviewed him. Was this legal?

Yes. CYPFA also sets out conditions under which police can interview a child or young person. Max had the right to have an adult support person with him during the interview, as well as a lawyer. The enforcement officer must explain this right to Max.

The police didn't tell us they had searched Max. Should they have?

Yes. The police are obliged to tell the parents or guardian if they have interviewed a child or young person.

Max's friend Naomi, who is 17, was also searched and questioned. Do the same rules apply?

No. People aged 17 years and above are seen as adults and are the refore not covered by CYPFA. However, they still have rights under the Bill of Rights Act. Before they can be interviewed the police must tell them they are not obliged to say anything, but anything they do say may be given in evidence. They must also be told they have the right to consult a lawyer immediately and in private.

Does the school have an obligation to inform the parents?

It is a matter of school policy. However, the Education Act requires schools to keep parents informed about their son or daughter's progress. Something this serious would likely be included, irrespective of the student's age.

Surveillance cameras

My daughter Imogen's school has just installed five new video surveillance cameras. The kids feel their privacy has been invaded.

Some schools use cameras to help them identify students involved in serious breaches of school rules, such as assaults, theft and vandalism. A previous Privacy commissioner, Bruce Slane, issued guidelines for this.

These guidelines say the cameras can record only a specified "suspicious area," must not record people's voices, and (in most cases) must have signs advertising their presence. They must not be "unduly invasive" - for example directed into an area where students get changed.