Part 1
Amendments to principal Act
Clause 4 states the Part's purpose. Its purpose is to amend the principal Act to—
enable proceedings to be commenced under the Summary Proceedings Act 1957 against—
a child aged 12 or 13 years who is alleged to have committed an offence (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for at least 14 years; or
a child aged 12 or 13 years who is alleged to have committed an offence (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years and who has previously committed an offence (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for at least 10 years; and
require to be brought before a Youth Court to be dealt with in accordance with the principal Act, and provide certain protections for, a child of that kind against whom proceedings under the Summary Proceedings Act 1957 have been commenced for an offence of that kind; and
strengthen and expand the orders available to a Youth Court sentencing or otherwise dealing with a child or young person against whom a charge is proved, including by ensuring that measures for dealing with offending address the causes underlying the offending.
Clause 5 amends section 208, which states principles guiding the exercise of powers under provisions including Part 4 (Youth Justice). The amendment inserts new paragraph (ff), which states a new, additional guiding principle. The new guiding principle is that any measures for dealing with offending by a child or young person should so far as it is practicable to do so address the causes underlying the child's or young person's offending.
Clause 6 re-enacts and extends section 255, which requires a youth justice co-ordinator to ensure that relevant information and advice are made available to family group conference. The amendment ensures that the information and advice to be made available include information and advice relating to the health and education needs of every child or young person in respect of whom the conference is convened.
Clause 7 amends section 258. Section 258 states functions of a youth justice family group conference convened under section 247. The amendment inserts a new paragraph (ba). New paragraph (ba) applies if the conference is convened under section 247(b) or (d) in relation to an offence alleged to have been committed by a child. It requires the conference to consider,—
if the conference is convened under section 247(b), whether the public interest requires that criminal proceedings should be instituted against the child in accordance with new section 272(1)(b) or (c) or, if the conference is convened under section 247(d), whether the public interest requires that criminal proceedings instituted against the child should be continued in accordance with Part 4; and
whether the child is in need of care or protection because he or she has committed an offence or offences the number, nature, or magnitude of which is such as to give serious concern for his or her wellbeing, and, if so, whether the public interest requires that instead of criminal proceedings being instituted or continued that the matter should be dealt with under Part 2, whether by way of an application for a declaration under section 67 on that ground made in respect of that child, or in some other way.
Clause 8 inserts new section 259A, which requires a family group conference convened under Part 4, in complying with new section 208(ff) (inserted by clause 5), to consider—
whether the young person should be required to attend all or any of the following:
whether a parent or guardian or other person having the care of the young person should be required to attend a parenting education programme.
Clause 9 amends section 261 to remove the need for the prior agreement of a care and protection co-ordinator in order for a family group conference convened under Part 4 to make decisions, recommendations, or plans relating to the care or protection of the child or young person in respect of whom the conference is convened. The amendment also requires the conference to have received advice and information on care or protection matters under new section 255(1) (substituted by clause 6) before it makes any such decisions, recommendations, or plans.
Clause 10 amends section 272 to expand the jurisdiction of Youth Courts and children's liability to be prosecuted for criminal offences. New subsections (1) to (2A) are substituted and the heading amended. Currently, children aged from 10 to 13 years may, under section 272(2), be prosecuted for murder or manslaughter, and this liability to prosecution continues under new subsection (1)(a). However, new subsection (1)(b) and (c) also make children aged 12 or 13 years liable to prosecution and criminal proceedings in respect of the following serious criminal offences:
offences (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for at least 14 years; and
offences (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years if the child is a previous offender under new subsection (1A) or (1B).
A child is a previous offender under new subsection (1A) if—
the child has been declared by a Family Court under section 67 to be in need of care or protection on the ground that the child has committed 1 or more earlier offences (the earlier offences) the number, nature, or magnitude of which is such as to give serious concern for the wellbeing of the child; and
for 1 or more of the earlier offences the maximum penalty available is or includes imprisonment for at least 10 years.
A child is a previous offender under new subsection (1B) if—
the child has been considered by a family group conference convened under Part 4 to be in need of care or protection on the ground that the child has committed 1 or more earlier offences (the earlier offences) the number, nature, or magnitude of which is such as to give serious concern for the wellbeing of the child; and
the child at that family group conference admitted, after having exercised his or her rights to legal advice and representation, that he or she committed each of the earlier offences; and
for 1 or more of the earlier offences the maximum penalty available is or includes imprisonment for at least 10 years.
New subsections (1) to (1B) do not affect the care or protection provisions (in Part 2) that apply to a child of or over the age of 10 years and under 14 years and who is in need or care or protection on the ground (specified in section 14(1)(e)) that the child has committed an offence or offences the number, nature, or magnitude of which is such as to give serious concern for the child's wellbeing. Care or protection procedures will therefore continue to apply to child offending, and a choice of jurisdiction will be available to an informant. That choice will be guided by the principle (stated in section 208(a)) “that, unless the public interest requires otherwise, criminal proceedings should not be instituted against a child or young person if there is an alternative means of dealing with the matter”.
New subsection (2) re-enacts, without substantive change, section 272(2). Section 272(2) specifies the procedure to be followed if a child aged 10 to 13 years is charged with murder or manslaughter (offences that are triable only in the High Court: see section 28A(1), and Part A of Part 2 of Schedule 1A, of the District Courts Act 1947). That procedure is that the preliminary hearing of the charge takes place before a Youth Court, and the provisions of the principal Act (other than sections 275 and 276, which would otherwise enable the child to elect to be dealt with by a Youth Court) apply accordingly as if that child were a young person.
New subsection (2A) specifies the procedure to be followed if a child aged 12 or 13 years is prosecuted (proceedings under the Summary Proceedings Act 1957 are commenced against the child) for a serious criminal offence of the kind specified in new subsection (1)(b) or (c). The procedure is that—
the child must be brought before a Youth Court to be dealt with in accordance with the provisions of the principal Act; and
the principal Act, and regulations under it, apply accordingly as if that child were a young person but subject to the modifications in new section 272A (inserted by clause 11).
Thus new sections 283(ja), 283(jb), 283(jc) and 296D, and all other provisions of and regulations under the principal Act, will (as modified by new section 272A) apply to the child as if he or she were a young person.
Serious criminal offences of the kind specified in new section 272(1)(b) or (c) will sometimes be purely indictable offences—that is, offences that (if an adult is charged with them) may be tried (in the High Court, or in a District Court in accordance with section 28A(1) of the District Courts Act 1947) only on indictment. If an offence is proceeded with on indictment, the defendant cannot elect to have the offence tried summarily (in other words, it will almost always be tried by a jury, rather than a Judge alone).
If a young person is charged with a purely indictable offence, section 274(1)(a) and (2)(a) require the preliminary hearing under Part 5 of the Summary Proceedings Act 1957 to take place in a Youth Court which, for that purpose, has the powers of a District Court, and is ordinarily presided over by a Youth Court Judge. (When the new committal proceedings provisions in the Summary Proceedings Amendment Act (No 2) 2008 come into force (on a date yet to be appointed), the committal proceedings (including the standard committal, or committal hearing (if required) will also take place in a Youth Court which, for that purpose, is to have the powers of a District Court, and is ordinarily to be presided over by a Youth Court Judge or, in the case of a standard committal, by a Registrar.) Section 274(2)(b) also applies the attendance and publication provisions in sections 329 and 438 (instead of section 138 of the Criminal Justice Act 1985).
However, if a child aged 12 or 13 is charged with an offence in new section 272(1)(b) or (c), and that offence is a purely indictable offence, section 274 will apply subject to the modification in new section 272A(a) inserted by clause 11. That modification requires a Youth Court (with no preliminary hearing or committal proceedings) to hear and determine the information unless—
the child under new section 272A(a)(i) elects trial by jury in accordance with section 66 of the Summary Proceedings Act 1957 (which applies for the purposes of that subparagraph with all necessary modifications), in which case section 274(2)(a) and (b) apply; or
the Court under new section 272A(a)(ii) discharges the information under section 282 (which for the purposes of that subparagraph applies to the information as if it were an information charging the child with an indictable offence (other than a purely indictable offence)).
If the child elects trial by jury under new section 272A(a)(i), section 274(2)(a) and (b) apply, and the preliminary hearing (or committal proceedings) under Part 5 of the Summary Proceedings Act 1957 will thus take place in a Youth Court. The modifications in new section 272A(b) to sections 275(1) and 276(1) will also apply. Those modifications operate if a Youth Court is of the opinion that the evidence is sufficient to put the child on trial for the offence (or, after the commencement of the new committal proceedings provisions in the Summary Proceedings Amendment Act (No 2) 2008, proposes to, or is to, commit the child for trial for the offence). Those modifications also operate if, before or during or after all the evidence has been given, the child indicates that the child desires to plead guilty to the offence. They will require (rather than permit) the Youth Court to give the child an opportunity—
to forgo the right to trial by jury and elect to have the information heard and determined in a Youth Court by a Youth Court Judge, under section 275(1); or (as the case requires)
to forgo the right to trial by jury and elect to be dealt with in a Youth Court by a Youth Court Judge, under section 276(1).
In some cases, however, a serious criminal offence of the kind specified in new section 272(1)(b) or (c) may be an indictable offence (other than a purely indictable offence). Indictable offences triable and tried summarily are (if an adult is charged with them) tried in a District Court by a Judge or lower level judicial officer, unless they are punishable by more than 3 months' imprisonment and the accused elects trial by jury under section 66 of the Summary Proceedings Act 1957.
If a young person is charged with an indictable offence (other than a purely indictable offence), then the young person must be proceeded against summarily, and section 273 requires a Youth Court to hear and determine the information unless—
the offence is punishable by imprisonment for a term exceeding 3 months and the young person elects trial by jury under section 66 of the Summary Proceedings Act 1957; or
the Court discharges the information under section 282.
If a child aged 12 or 13 is charged with a serious criminal offence of the kind specified in new section 272(1)(b) or (c), and that offence is an indictable offence (other than a purely indictable offence), then the child must also be proceeded against summarily, and the procedure required by section 273 will apply as if the child were a young person.
New section 272A(c) makes a third modification that applies if a child aged 12 or 13 is charged with a serious criminal offence of the kind specified in new section 272(1)(b) or (c), and the charge is heard and determined by a Youth Court. The modification requires a reference in the principal Act or regulations under it to the charge against the child being proved before a Youth Court to be treated as including a requirement that the Youth Court is satisfied that the child knew either—
These rules are sometimes called doli (in)capax—that is, (in)capable of deceit or mischief, or of knowing right from wrong. They determine whether the child is (in)capable mentally of committing the offence. They prevent the child being found to have committed the offence unless it is proved that he or she knew that the conduct constituting the offence was wrong or unlawful. They are similar to the rules that apply,—
under section 198, to a Family Court determining an application for a declaration under section 67 that a child is in need of care and protection on the ground (specified in section 14(1)(e)) that the child has committed an offence or offences the number, nature, or magnitude of which is such as to give serious concern for the wellbeing of the child; and
under section 22 of the Crimes Act 1961 (which re-enacted and expanded section 41 of the Crimes Act 1908, which itself re-enacted section 22 of the Criminal Code Act 1893), to a court convicting a person of an offence by reason of an act done or omitted by the person when of the age of 10 but under the age of 14 years.
Clause 12 amends section 274(2)(a), which specifies the procedure to be followed by a Youth Court if a young person is charged with a purely indictable offence or elects trial by jury under section 66 of the Summary Proceedings Act 1957. The amendment ensures that Part 5A of the Summary Proceedings Act 1957 (which contains special provisions relating to preliminary hearings in cases involving sexual violation) applies to the preliminary hearing in the Youth Court. Clause 43 makes a related consequential amendment to Part 1 of Schedule 3 of the Summary Proceedings Amendment Act (No 2) 2008.
Clause 13 inserts new section 280A. New section 280A applies to proceedings under Part 4 in respect of a child aged 12 or 13 years who is charged with an offence of the kind specified in new section 272(1)(b) or (c) (substituted by clause 10) if, at any stage of the proceedings before an order is made under section 282 or new section 283, it appears to the Court that—
the child may be in need of care or protection on the ground specified in section 14(1)(e) (which relates to child offending); and
the making of an application for a declaration under section 67 on that ground in respect of the child and the offence would serve the public interest better than the continuation of the proceedings under Part 4.
New section 280A empowers the Court to refer the matter to the informant in the proceedings to consider whether the making of an application for a declaration under section 67 on that ground in respect of the child and the offence would serve the public interest better than the continuation of the proceedings under Part 4. If the matter is so referred, the Part 4 proceedings must be adjourned. If proceedings in respect of an information are adjourned, the information may be discharged at any time under section 282 and, if not discharged earlier, it is deemed to be discharged if, and when, an application for a declaration under section 67 on that ground in respect of the child and the offence first comes before a Family Court Judge.
Clause 14 amends section 281(2), which prevents the Court from exercising specified powers or substituting an order for various specified cancelled orders unless a family group conference has first been convened. The amendment updates references in the light of new section 296B substituted by clause 21.
Clause 15 replaces section 283 (which sets out the hierarchy of responses open to the Court if a charge against a young person is proved) with a new section. New section 283 largely re-enacts the existing section; but—
groups the responses in levels of equal restrictiveness, the groups ranging from least restrictive to most restrictive (see the related new section 289 substituted by clause 20); and
adds references to the following new responses:
parenting education programme orders under new section 283(ja):
mentoring programme orders under new section 283(jb):
alcohol or drug rehabilitation programme orders under new section 283(jc):
amends section 283(o) (see new section 283(o)) so that the Court may, subject to certain restrictions, enter a conviction in respect of, and transfer to a District Court for sentence or decision, both—
a young person of or over the age of 15 years (as at present); and also
a young person who is of over the age of 14 years and against whom the charge proved is a charge in respect of a purely indictable offence.
Clause 16 adds to section 284(1) new factors to which the Court must have regard in deciding whether to make an order under new section 283 in respect of a young person against whom a charge is proved. The new factors are the causes underlying the young person's offending, and the measures available for addressing those causes, so far as it is practicable to do so.
Clause 17 replaces section 285(6) with an amended subsection. The amendment is consequential on new section 283(o) (substituted by clause 15). New section 285(6) re-enacts section 285(6) but also extends it so that it empowers the Court, if specified conditions are met, to make an order under new section 283(o) (an order that a conviction be entered and that the young person be brought before a District Court for sentence or decision) in respect of both—
a young person of or over the age of 15 years (as at present); and also
a young person who is of or over the age of 14 years and against whom the charge proved is a charge in respect of a purely indictable offence.
Clause 18 amends section 286. The amendment prevents the Court from making an intensive supervision order under new section 296D (substituted by clause 21) placing a young person under the supervision of a person (other than the chief executive) or of an organisation without first having the agreement of that person or organisation to supervise that young person pursuant to the order.
Clause 19 inserts new section 286A, which applies to an order under new section 283(ja), (jb), or (jc) requiring attendance at a parenting education, mentoring, or alcohol or drug rehabilitation programme. If the programme to be specified in the order is to be provided otherwise than by the chief executive, the order may be made only if the provider of the programme has first agreed to provide the programme to the person to be required by the order to attend it. The order may also be made subject to any conditions the Court thinks fit and specifies in it.
Clause 20 replaces sections 288 to 290 with 3 new sections.
New section 288 extends existing section 288, which prevents an order under new section 283 in respect of the parent or guardian of a young person from being made unless the parent or guardian has been informed by the Court of the proposal to make the order and has been given an opportunity to make representations to the Court. New section 288 also applies to an order made under new section 283 in respect of a person who is not a parent or guardian of a young person, but is any other person having the care of the young person.
Sections 289 and 290 restrict the making of supervision with activity orders under section 283(m), supervision with residence orders under section 283(n), and orders (that a conviction be entered and that the young person be brought before a District Court for sentence or decision) under section 283(o).
The existing restrictions on the making of orders of those kinds are replaced by new section 289. It follows in certain respects section 8(g) of the Sentencing Act 2002, and requires a Court making a response or a permitted combination of responses under new section 283—
to assess the restrictiveness of that outcome in accordance with the hierarchy set out in new section 283; and
not to impose that outcome unless satisfied that a less restrictive outcome would, in the circumstances and having regard to the principles in section 208 and factors in section 284, be clearly inadequate.
New section 290 re-enacts the requirement, currently in section 290(3), that a Judge record in writing his or her reasons for making a supervision with residence or transfer order.
Clause 21 repeals section 296 and substitutes new headings and new sections 296 to 296I.
New section 296 replaces and extends section 296, which relates to expiry of orders. New section 296(2) ensures specified orders made after the commencement of new section 296 do not expire prematurely, and so are fully effective. Currently, under section 296, specified orders expire 6 months after the young person concerned attains the age of 17 years. Premature expiry of orders is exacerbated by the fact that, under section 2(2), the age of a young person for the purposes of proceedings under the principal Act is not the person's actual age but is fixed as at the date of the offence. A young person may therefore already be aged 17 years when a Youth Court makes one of the specified orders. Under new section 296(2), a specified order made after the commencement of new section 296 will, if it does not expire sooner, expire when the young person in respect of whom the order is made attains the age of 18 years.
New sections 296A to 296C relate to failure to comply with, and variation and cancellation of, specified orders. They replace sections 299 to 301, 309, and 310 (which are consequentially repealed by clauses 24 and 27) with one standard provision on breach of orders, and another on their variation and cancellation.
New section 296A specifies the orders to which new sections 296B and 296C apply.
New section 296B, which follows in certain respects section 309, relates to responses the Court may make to failures to comply. New section 296B(3)(c) specifies the circumstances in which the Court may make an intensive supervision order under new section 296D (namely if the young person has failed to comply with a condition that is subject to a judicial monitoring direction under new section 308A). New section 296B(4) also refers to the Court's power, on or after making or varying under new section 296B(3)(a) or (b) a supervision or supervision with activity order in respect of a young person, to direct under new section 308A(1)(a) that the young person's compliance with 1 or more specified conditions of the order is to be monitored judicially.
New section 296C, which follows in certain respects section 310, relates to cancellation and variation.
New sections 296D to 296I relate to intensive supervision orders.
New section 296D empowers the Court to make an intensive supervision order in response to a young person's non-compliance with a judicially monitored condition of a supervision order or supervision with activity order. An intensive supervision order places the young person under the supervision of the chief executive or such person or organisation as may be specified in the order for a period specified in the order and of not more than 12 months.
New section 296E, which follows closely section 304, applies if a young person is placed under the chief executive's supervision under new section 296D. It requires the chief executive to appoint a social worker to supervise the young person on the chief executive's behalf.
New section 296F relates to conditions of an intensive supervision order. An intensive supervision order is subject not only to conditions under section 305 (except paragraph (b)), a reporting condition, and to additional conditions under section 306 the Court imposes, but also to any additional conditions (imposing a curfew, with or without electronic monitoring of compliance with that curfew) the Court imposes under new section 296G.
New section 296G empowers the Court, on or after making an intensive supervision order, to impose, and make the order also subject to, a condition (a curfew condition) that the young person must, for a duration no longer than the duration of the order (the curfew duration), comply with a curfew requiring the young person to remain, for 1 or more specified periods of each day (the daily curfew period), at a specified address (the curfew address). It also empowers the Court, on or after imposing, and making the order also subject to, a curfew condition, to make the order also subject to a condition that the young person must for a specified period not exceeding 6 months submit to electronic monitoring of his or her compliance with the curfew condition. However, an electronic monitoring condition may be imposed only if the Court is satisfied that other conditions of the order are likely to be insufficient to secure the young person's compliance with the order. A Judge imposing an electronic monitoring condition must also record in writing his or her reasons for doing so. New section 296G follows in certain respects sections 69B and 69E of the Sentencing Act 2002.
New section 296H, which follows in certain respects section 69F of the Sentencing Act 2002,—
states the purpose of an electronic monitoring condition under new section 296G(6); and
controls how information about a young person and that is obtained through electronic monitoring may be used; and
requires any information obtained by electronic monitoring outside the curfew duration to be destroyed as soon as practicable; and
enables the chief executive's electronic monitoring functions or powers under the principal Act to be delegated with the agreement of the Commissioner of Police to that Commissioner (but does not limit or affect the chief executive's ability under the State Sector Act 1988 to delegate them to chief executives of departments of State or State sector employees).
New section 296I provides for review by the Court of an intensive supervision order not later than 3 months after the date on which the order is made, and at least once every 3 months after that date, but before the order expires.
Clause 22 inserts new headings and new sections 297A and 297B relating to parenting education programme orders and alcohol or drug rehabilitation programme orders.
New section 297A relates to a parenting education programme order under new section 283(ja) (substituted by clause 15). Subsections (1) and (2) require a written statement of the terms of the order to be supplied to the person in respect of whom the order is made. If the order is made in respect of a young person, the statement must be supplied in accordance with new section 340 (substituted by clause 36). Subsections (3) to (5) indicate how the Court may respond to a failure to comply with the order. The Court may under subsection (4) direct a care and protection co-ordinator to convene a family group conference under Part 2 for the purpose of considering matters relating to the care or protection of every child or young person affected by the order (other than any young person in respect of whom the order was made). The co-ordinator must comply with, and Part 2 applies to a conference convened in accordance with, a direction under subsection (4).
New section 297B relates to alcohol or drug rehabilitation programme orders under new section 283(jc) (substituted by clause 15). It makes clear the nature of the alcohol or drug rehabilitation programmes, and who may consent to any medical, psychiatric, or psychological examination or treatment that may form part of those programmes. It also provides for related custody orders. If satisfied that a programme that a young person is required by an order under new section 283(jc) to attend is unable to be provided to the young person while he or she lives with the parents or guardians or other persons having the care of the young person, the Court may, to enable that programme to be provided to the young person, make an order placing the young person in the custody of the chief executive, an iwi social service, a cultural social service, or the director of a child and family support service.
Clause 23 amends section 298. Currently, an order requiring a young person to undertake community work may be made by the Court only with the young person's consent. The amendment removes this requirement.
Clause 24 repeals consequentially sections 299 to 301. See the analysis above of new sections 296A to 296C substituted by clause 21.
Clause 25 replaces section 307, which relates to a supervision with activity order, with a new section. The new section—
does not contain the present requirement for the child or young person's consent to the making of the order:
increases from 3 to 6 months the order's maximum possible duration:
increases from 3 to 6 months the maximum possible duration of the supervision order under new section 283(k) that may accompany and follow the order:
does not re-enact section 307(3) (requiring an order under section 307(1) and any accompanying and following supervision order under section 283(k) to place the young person under the supervision of the same person or organisation):
contains 4 new subsections (subsections (3) to (6)) that empower the Court, if a programme or activity that a young person is required by a condition of an order under new section 307(1) to take part in or undertake is unable to be provided to the young person while he or she lives with the parents or guardians or other persons having the care of the young person, to make a custody order to enable that programme or activity to be provided to the young person.
Clause 26 inserts new sections 308A to 308C, which relate to judicial monitoring of a young person's compliance with conditions of a supervision order or supervision with activity order.
New section 308A empowers the Court to direct that a young person's compliance with 1 or more specified conditions of a supervision or supervision with activity order made in respect of a young person is to be monitored judicially at the times specified in the direction (or at any other replacement monitoring times the Court specifies) if—
the order is one made or varied by the Court after declaring under new section 296B(3) that the young person has without reasonable excuse failed to comply satisfactorily with a term, condition, or other requirement of a supervision or supervision with activity order made in respect of the young person; or
the order is one made by the Court under new section 283 after a charge against the young person in respect of an offence is proved before the Court and the young person has previously been the subject of an order under new section 283 made in respect of another offence and that previous order is, or is an order more restrictive than, a supervision order under new section 283(k).
New section 308B sets out the effect of a judicial monitoring direction under new section 308A.
New section 308C provides for written progress reports on the young person's compliance with conditions that are the subject of a judicial monitoring direction. It follows in certain respects section 80ZJ of the Sentencing Act 2002. The progress reports are to be prepared by a social worker and furnished to the Court before the young person's compliance with those conditions is monitored judicially for the first time, and also later at specified intervals if the Court directs.
Clause 27 repeals consequentially sections 309 and 310. See the analysis above of new sections 296A to 296C substituted by clause 21.
Clause 28 substitutes new section 311, which relates to a supervision with residence order. The amendment—
increases the required duration of the order from 3 months to a period of not less than 3 months and not more than 6 months; and
ensures the order may be made subject to the condition that the young person undertake any specified programme or activity; and
increases the required duration of the supervision order under new section 283(k) that must accompany and follow the order from a period not exceeding 6 months to a period of not less than 6 months and not more than 12 months; and
ensures that the accompanying and following supervision order may be made subject to all or any of the following conditions (which, if imposed by the Court, apply in addition to the conditions required by section 305 and to any conditions the Court imposes under section 306):
that the young person attend and remain at a specified centre approved by the department, for any weekday, evening, and weekend hours each week, and for any number of months, the Court thinks fit, and take part in any activity required by the person in charge of the centre:
that the young person undertake any specified programme or activity:
that the young person reside at an address specified by the Court.
Clause 29 substitutes new section 314, which relates to release of a young person from custody before the expiry of a supervision with residence order. Section 314 currently requires the chief executive, if satisfied that criteria are met, to release a young person who has been in that custody for 2 months. New section 314, by contrast, requires the Court, if satisfied that criteria are met, to release a young person who has been in that custody for at least two-thirds of the period of that order as fixed under new section 311(1). The release criteria under section 314 are that, while in custody during that 2-month period, the young person has not committed any further offences or absconded. Under new section 314, by contrast, the release criteria are that, while in custody for two-thirds of the period of the order—
the young person has neither absconded nor committed any further offences; and
either the young person's behaviour and compliance with any obligations placed on the young person by the plan prepared under section 335 in respect of the order have been satisfactory or any misbehaviour and non-compliance of the young person have been minor; and
the young person has complied satisfactorily with any condition of the order that the young person undertake any specified programme or activity.
New section 314(2) requires the chief executive to prepare for, and furnish to, the Court a report addressing the matters specified in those release criteria.
Clause 30 inserts a new heading and new section 319A, which requires reviews to be conducted of the following orders made for periods of at least 8 months:
mentoring programme orders under new section 283(jb):
alcohol or drug rehabilitation programme orders under new section 283(jc):
supervision orders under new section 311(2) that accompany supervision with residence orders and place young persons under the supervision of the chief executive.
Clause 31 amends section 320, which requires reports to be made to the Court on the effectiveness of certain orders. The amendment adds references to, and requires reports to be made in respect of, the following new orders:
parenting education programme orders under new section 283(ja):
mentoring programme orders under new section 283(jb):
alcohol or drug rehabilitation programme orders under new section 283(jc):
intensive supervision orders under new section 296D.
Clause 32 amends section 334, which prevents the Court from making specified orders without first obtaining a report on the matter from a social worker. The amendment adds references to, and requires reports to be made in respect of, the following new orders:
parenting education programme orders under new section 283(ja):
mentoring programme orders under new section 283(jb):
alcohol or drug rehabilitation programme orders under new section 283(jc):
intensive supervision orders under new section 296D.
Clause 33 amends section 335, which requires reports under section 334 in relation to an order to be accompanied by a plan on how the order is to be implemented. The amendments are consequential on the amendments made to section 334 by clause 32.
Clause 34 amends section 338, which gives certain reports the privilege (protection from civil or criminal liability in respect of the report unless the person making a report was acting in bad faith or without reasonable care) specified in section 188. The amendment ensures that the reports to which section 338 applies include—
progress reports under new section 308C related to implementation of a judicial monitoring direction under new section 308A:
reports, for reviews of orders for periods of at least 8 months, under new section 319A.
Clause 35 amends section 339, which relates to access to reports and plans under Part 4, to add references to reports under new sections 308C and 319A.
Clause 36 substitutes new section 340, which requires a written statement of the terms of certain orders to be given to the young person. The new section re-enacts section 340, but also—
extends it to the new orders under new section 283(ja), (jb), and (jc) and under new section 296D; however, new section 340 applies to a parenting education programme order under new section 283(ja) only if that order is made in respect of a young person who is, or is soon to be, a parent or guardian or other person having the care of a child; and
requires the written statement to be given to the young person to include information relating to—
any additional curfew and electronic monitoring conditions under new section 296G of an intensive supervision order under new section 296D; and
any direction under new section 308A that the young person's compliance with any of the conditions of the order is to be monitored judicially; and
why an additional electronic monitoring condition under new section 296G has been imposed on an intensive supervision order under new section 296D; and
possible consequences of a failure to comply with the order.
Clause 37 amends section 351, which gives rights of appeal to a young person found by a Youth Court to have committed an offence. The amendment (which inserts a new subsection (1A)) makes it clear that the young person may, as of right, appeal against not only—
that finding and a Youth Court order based on that finding (the original order); but also
a Youth Court order varying, or made in substitution for, the original order.
Clause 38 amends section 352, which gives rights of appeal to a parent or guardian or other person having the care of a young person. The amendments ensure that the parent or guardian or other person may appeal against—
an order made under new section 297B(5) placing that young person in the custody of the chief executive, an iwi social service, a cultural social service, or the director of a child and family support service to enable the provision to that young person of a programme that that young person is required by an order under new section 283(jc) to attend:
an order made under new section 307(4) placing that young person in the custody of the chief executive, an iwi social service, a cultural social service, or the director of a child and family support service to enable the provision to that young person of a programme or activity that that young person is required by a condition of an order under new section 307(1) to take part in or undertake:
an intensive supervision order made under new section 296D in respect of that young person:
an order made under new section 283(ja) requiring that parent or guardian or other person having the care of that young person to attend a parenting education programme.
Clause 39 amends section 365, which empowers the chief executive to place in residences established under section 364 a child or young person who is in the care or custody or under the guardianship of the chief executive. The amendment requires the chief executive to consider all reasonably practicable less restrictive alternative placements that may be available and appropriate for the child before exercising that power in respect of a child—
who is aged 12 or 13 years; and
who is charged with an offence of the kind specified in new section 272(1)(b) or (c); and
in respect of whom there is in force a custody order made (pending determination of the charge) under section 238(1)(d) or a supervision with residence order made (after the charge is proved) under new section 283(n).
Clause 40 inserts new section 456A, which relates to the purpose and application of the amendments made by provisions of Part 1 of the Bill. Amendments made by a provision of Part 1 of the Bill apply only—
in respect of an offence committed or alleged to have been committed after the commencement of that provision; and
in accordance with new section 456A(3) in respect of an offence committed or alleged to have been committed before the commencement of that provision.
If the child or young person gives consent to its doing so, the Court may under new section 456A(3) make an order, or exercise or perform any other authority, power, or function, under an amendment made by a provision of Part 1 of the Bill in respect of an offence committed or alleged to have been committed before the commencement of that provision. New section 456A(3) will thus give the Court, with the free and informed consent of the child or young person, access to new orders or processes that are more appropriate to address the causes of, or less restrictive than, those that would otherwise apply to pre-commencement offending or alleged offending. A reference in new section 456A to an offence committed or alleged to have been committed includes a reference to each of the child's 1 or more earlier offences referred to in new section 272(1A)(a) or (1B)(a) (substituted by clause 10) if—
the offence is one of the kind specified in new section 272(1)(c) and is one committed or alleged to have been committed by a child aged 12 or 13 years; and
proceedings under the Summary Proceedings Act 1957 against the child for the offence have been or are to be commenced in accordance with new section 272(1)(c).