Stay silent over a child’s death? Face 10 years’ jail - National

National’s justice spokesperson Paul Goldsmith announced the policy this morning.

People who stay silent about the killing of a child could face up to 10 years in prison under a new offence National says it will create if re-elected.

National’s justice spokesperson Paul Goldsmith announced the policy this morning.

He said the proposed policy would "carry a maximum sentence of 10 years in prison.

"It will apply when a child under 12 dies, and at the time of death, or leading up to the death, it is unequivocal that one or more adults were present," Goldsmith said.

The changes would make it an offence under the Crimes Act.

The National MP said, "it is a basic expectation that people speak up and provide police with the information they need when investigating the death of a child.

"Too many children in New Zealand die at the hands of, or with the knowledge of, people who should be protecting them. The right to silence should not be abused to the extent that these horrific crimes go unpunished.

"This will place perpetrators, and their accomplices, into a corner where they will eventually call each other out, because if they don’t, they will all face the consequences."

Goldsmith said the policy was aimed at cases where police knew who had been in the house but could not get anyone to talk.

The offence would apply where it was clear one or more adults had been present at the time of the death or in the lead-up to it.

“New Zealanders will remember numerous high-profile examples throughout our history where children have been brutally murdered, and police have been unable to identify the attacker because people have chosen not to share critical information with them.”

He acknowledged the right to silence was a long-standing legal protection, but said it should have limits.

“The right to remain silent is a fundamental principle, however, it should not be absolute when a child has lost their life and, for example, there are only three people in the house, but no one is talking.”

National said it would work with legal experts to draft an exception to the general right to silence that would apply only in exceptional circumstances involving the death of a child.

Goldsmith said he expected the threat of prosecution to break the silence within households.

The announcement comes eight days before advance voting opens ahead of the November 7 election. Labour was also expected to make an announcement later today.

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