Oranga Tamariki Act 1989
Children’s and Young People’s Well-being Act 1989

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238 Custody of child or young person pending hearing

(1)

Where a child or young person (who for the purpose of paragraph (f) is limited to a young person who is aged 17 years) appears before the Youth Court, the court shall—

(a)

release the child or young person; or

(b)

release the child or young person on bail; or

(c)

order that the child or young person be delivered into the custody of the parents or guardians or other persons having the care of the child or young person or any person approved by the chief executive for the purpose; or

(d)

subject to section 239(1), order that the child or young person be detained in the custody of the chief executive, an iwi social service, or a cultural social service; or

(e)

subject to section 239(2), order that the young person (but cannot under this paragraph order that the child) be detained in Police custody; or

(f)

subject to section 239(2A), order that the young person (aged 17 years) be detained in a youth unit of a prison.

(1A)

[Expired]

(1B)

[Expired]

(1C)

[Expired]

(2)

If a child or young person appears before the Youth Court charged with the commission of an offence that the Commissioner of Police determines under section 29A of the Victims’ Rights Act 2002 to be a specified offence, then,—

(a)

before the court makes an order under subsection (1), the prosecutor must—

(i)

make all reasonable efforts to ascertain the views (if any) each victim has about which of the types of order that may be made under subsection (1) is the most appropriate to be made by the court; and

(ii)

inform the court of those views; and

(b)

after the court has made an order under subsection (1), the Commissioner of Police must inform each victim (whether or not the victim’s views have been ascertained under paragraph (a)) of—

(i)

the order made by the court; and

(ii)

in the case of any order made under subsection (1)(b), any conditions of bail imposed by the court that—

(A)

relate to the safety and security of the victim or 1 or more members of the victim’s immediate family, or of both; or

(B)

require the child or young person not to associate with, or not to contact, the victim or 1 or more members of the victim’s immediate family, or both.

(3)

Nothing in subsection (2) prevents the court from making an order under subsection (1), even though the court has not been informed of the views of any victim.

(4)

The court must not refuse bail to a child or young person merely because the court considers that the child or young person is in need of care or protection (as defined in section 14).

(5)

In this section,—

immediate family has the meaning given in section 4 of the Victims’ Rights Act 2002

specified offence has the meaning given in section 29 of the Victims’ Rights Act 2002.

Compare: 1974 No 72 s 43(6); 1982 No 135 s 10

Section 238(1): amended, on 1 July 2019, by section 103(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 238(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 238(1)(c): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 238(1)(d): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 238(1)(d): amended, on 8 January 1995, by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 238(1)(e): replaced, on 1 July 2019, by section 103(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 238(1)(f): inserted, on 1 July 2019, by section 103(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 238(1A): expired, on 1 July 2004, by section 239A.

Section 238(1B): expired, on 1 July 2004, by section 239A.

Section 238(1C): expired, on 1 July 2004, by section 239A.

Section 238(2): replaced, on 6 December 2014, by section 6 of the Children, Young Persons, and Their Families Amendment Act 2014 (2014 No 36).

Section 238(3): inserted, on 6 December 2014, by section 6 of the Children, Young Persons, and Their Families Amendment Act 2014 (2014 No 36).

Section 238(4): inserted, on 6 December 2014, by section 6 of the Children, Young Persons, and Their Families Amendment Act 2014 (2014 No 36).

Section 238(5): inserted, on 6 December 2014, by section 6 of the Children, Young Persons, and Their Families Amendment Act 2014 (2014 No 36).