• “(i) the person intending to commence the proceedings or another person acting on that person's behalf; and”.

• “(2) If a child of or over the age of 10 years is charged with murder or manslaughter, the provisions of this Act (other than sections 236, 238(1)(e), 239(2), 242(2), 276, 277, and 365(1)), and of any regulations made under this Act, apply accordingly as if that child were a young person.”

• “(4) If a young person is charged with murder or manslaughter, section 275 applies.”

• “(b)  sections 276(1)(a) and 277 do not extend or apply to the child as if the child were a young person; and”.

“273 Manner of dealing with offences (other than murder or manslaughter)

• “(1) This section applies if a young person is charged with an offence other than murder or manslaughter.

  “(2) A Youth Court must hear and determine the charge unless—

  • “(a) the offence is a category 3 or 4 offence and the young person elects trial by jury; or

  • “(b) the court discharges the charge under section 282; or

  • “(c) the charge is removed out of the Youth Court under section 277.

  “(3) Subsection (2) is subject to section 272.

  “Compare: 1974 No 72 s 34(1)

“274 Young person may elect trial by jury in certain cases

• “(1) If a young person is charged with a category 3 or 4 offence, other than murder or manslaughter, the young person may elect to be tried by a jury for that offence.

  “(2) The young person's election must be made and dealt with under section 48 of the Criminal Procedure (Reform and Modernisation) Act 2010, which applies with all necessary modifications.

“275 Manner of dealing with offence of murder or manslaughter, or where jury trial to be held

• “(1) This section applies if a young person—

  • “(a) is charged with murder or manslaughter; or

  • “(b) is charged with a category 3 or 4 offence, other than murder or manslaughter, and elects to be tried by a jury; or

  • “(c) is to have a jury trial and be tried with a person with whom he or she is jointly charged, in accordance with section 277.

  “(2) All applicable pre-trial processes must take place before a Youth Court, up to and including—

  • “(a) in the case of a charge relating to a category 3 offence or category 4 offence (other than murder or manslaughter), transferring to the trial court after an adjournment for trial callover in accordance with section 55(3)(b) of the Criminal Procedure (Reform and Modernisation) Act 2010; and

  • “(b) in the case of a charge of murder or manslaughter, transferring the proceeding to the High Court in accordance with section 32A(2) of the Criminal Procedure (Reform and Modernisation) Act 2010.

  “(3) For the purposes of the pre-trial processes referred to in subsection (2),—

  • “(a) a Youth Court has all the powers of a District Court; and

  • “(b) the Youth Court must be presided over by a Youth Court Judge, or, in the absence of a Youth Court Judge, by a District Court Judge.

  “(3A) In this section, applicable pre-trial processes include all applicable processes under subparts 1 to 3A of Part 3 of the Criminal Procedure (Reform and Modernisation) Act 2010, any other provisions of that Act referred to in subsection (3B); and those processes apply with the necessary modifications.

  “(3B) For the purpose of subsection (3A), sections 58 to 60(1) and 60(2) to 63 and 122 of that Act (which relate to sentence indications) apply despite Schedule 1 of this Act.

  “(4) This section is subject to section 276.

  “Compare: 1974 No 72 s 34(2)(a), (b)

“276 Child or young person may forgo right to jury trial and elect to have proceedings determined by Youth Court

• “(1) This section applies if—

  • “(a) a child aged 12 or 13 years charged with an offence specified in section 272(1)(b) or (c) elects trial by jury; or

  • “(b)  a young person charged with a category 3 or 4 offence, other than murder or manslaughter, elects trial by jury.

  “(2) The child or young person may, without leave of the court, withdraw that election at any time before the proceeding is transferred to the trial court after an adjournment for trial callover in accordance with section 55(3)(b) of the Criminal Procedure (Reform and Modernisation) Act 2010 and, if the child or young person does so, the proceedings continue in the Youth Court as if he or she had not made that election.

  “(3) If the Youth Court proposes to adjourn the proceeding for trial callover, or the child or young person at any time before the proceeding is adjourned for trial callover indicates to the court that he or she wishes to plead guilty to the offence, the Youth Court must give that child or young person the opportunity of forgoing the right to trial by jury and of electing to have the charge heard and determined in a Youth Court by a Youth Court Judge.

  “(4) If a young person elects to have the charge heard and determined in a Youth Court by a Youth Court Judge, the Youth Court has the jurisdiction to hear and determine the charge and otherwise deal with the young person in accordance with this Act.

  “(5) If a child elects to have the charge heard and determined in a Youth Court by a Youth Court Judge, the Youth Court has the jurisdiction to hear and determine the charge and otherwise deal with the child in accordance with this Act as if he or she were a young person (but subject to section 272A(1)(a), (c), and (d)).”

“277 Provisions applicable where child, young person, or adult jointly charged

• “(1) If a child or young person is charged with any offence jointly with any other person or persons (whether 1 or more young persons, adults, or children), this section applies.

  “(2) If a child is jointly charged with any other person or persons, and that child is not charged with murder or manslaughter or does not elect jury trial, that child must be tried in the Youth Court along with any co-defendants who are also not to have a jury trial.

  “(3) If a child is jointly charged with any other person or persons, and that child is to have a jury trial, that child must be tried in the same court as any co-defendants who are also to have a jury trial.

  “(4) Subsection (5) applies if a young person is jointly charged with any 1 or more of—

  • “(a) an adult who is to have a jury trial; or

  • “(b) another young person who is to have a jury trial; or

  • “(c) a child who is to have a jury trial.

  “(5) Subject to subsections (2) and (3), the young person must be tried with the person or persons with whom he or she is jointly charged and who are to have a jury trial, and by the same court that is to try those persons unless the Youth Court, in the interests of justice, orders otherwise.

  “(6) Subject to subsections (2) and (3), if an adult is jointly charged with 1 or more children or young persons, the following provisions apply:

  • “(a) if any of the co-defendants is to have a jury trial, the adult must be tried with that person in the same court; and

  • “(b) if none of the co-defendants is to have a jury trial, and the adult either does not or is not eligible to elect to be tried by a jury, the adult must be tried with the co-defendants in the Youth Court, unless the Youth Court, in the interests of justice, orders otherwise.

  “(7) If none of subsections (2), (3), (5), and (6) applies, the persons charged must be tried in a Youth Court by a Youth Court Judge.

  “(8) In any proceedings to which this section applies, the powers of any Youth Court Judge in respect of any defendant who is not a child or young person are limited to such powers as are exercisable by the Youth Court Judge as a District Court Judge elsewhere than in a Youth Court.

  “(9) If any defendant, not being a child or young person, is convicted in a Youth Court,—

  • “(a) any sentence imposed or order made must be one that could have been imposed or made if that defendant had been convicted following a trial in a District Court; and

  • “(b) that defendant must for all purposes, including section 189 of the Criminal Procedure (Reform and Modernisation) Act 2010, be deemed to have been convicted in a District Court.

  “(10) If an adult is tried with a child or young person in the Youth Court under subsection (6)(b) or (7), all applicable pre-trial processes under subparts 1 to 3B of Part 3 of the Criminal Procedure (Reform and Modernisation) Act 2010 apply in respect of the adult, with the necessary modifications, subject to the following exceptions and further provisions:

  • “(a) sections 58 to 60(1) and 60(2) to 63 and 122 of that Act (which relate to sentence indications) apply:

  • “(b) sections 64 to 67 and 106 of that Act apply.

  “(10) If an adult is tried with a child or young person in the Youth Court under subsection (6)(b) or (7), the following apply in respect of the adult, with the necessary modifications:

  • “(a) all applicable pre-trial processes under subparts 1 to 3 of Part 3 of the Criminal Procedure (Reform and Modernisation) Act 2010; and

  • “(b) sections 58 to 60(1), 60(2) to 63, and 122 of that Act (which relate to sentence indications).

  “(11) This section is subject to sections 272A, 274, and 275.”

“277A Place and level of trial court for jury trial

• “(1) This section applies if a young person is to be tried by a jury.

  “(2) If the offence with which the young person is charged is a category 4 offence, the trial must take place in the High Court at the place nearest to the Youth Court from which the proceedings are to be transferred.

  “(3) If the offence with which the young person is charged is a category 2 or 3 offence,—

  • “(a) the level of trial court is a District Court, unless an order is made under section 70 or 72 of the Criminal Procedure (Reform and Modernisation) Act 2010 that the trial be held in the High Court; and

  • “(b) the place of trial is, —

    • “(i) in the case of a District Court trial, the District Court nearest to the Youth Court that adjourned the proceeding for trial callover in accordance with section 55(3)(b) of the Criminal Procedure (Reform and Modernisation) Act 2010 that has jurisdiction to conduct jury trials; or

    • “(ii) in the case of a High Court trial, the High Court at the place nearest to the Youth Court that dealt with the pre-trial processes in accordance with section 275(2).

  “(4) This section is subject to—

  • “(a) any order made under section 4A of the District Courts Act 1947 or section 157 of the Criminal Procedure (Reform and Modernisation) Act 2010; and

  • “(b) section 141(1) of the Criminal Procedure (Reform and Modernisation) Act 2010; and

  • “(c) any regulations made under section 383 of the Criminal Procedure (Reform and Modernisation) Act 2010 that prescribe a different place of trial.”

“282 Power of court to discharge charge

• “(1) If a charging document is filed charging a young person with an offence in category 1, 2, or 3, a Youth Court, after an inquiry into the circumstances of the case, may discharge the charge.

  “(2) A charge discharged under subsection (1) is deemed never to have been filed.

  “(3) If it is satisfied that the charge against the young person is proved, the court may make an order under any of the provisions of section 283(e) to (j)—

  • “(a) when it discharges the charge; or

  • “(b) at any earlier time after it completes the inquiry referred to in subsection (1).

  “(4) The court must not exercise the power in subsection (3)(b) unless section 281(1) is complied with.”

• “(o) exercise the powers conferred by one of the following subparagraphs:

  • “(i) the court may order that the young person be brought before a District Court for sentence or decision, and may enter a conviction before doing so; and the Sentencing Act 2002 applies accordingly if—

    • “(A) the young person is of or over the age of 15 years; or

    • “(B) the young person is of or over the age of 14 years and under the age of 15 years and the charge proved against him or her is a charge in respect of a category 4 offence or category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years:

  • “(ii) the court may, in the case of a young person charged with a category 4 offence or an offence for which the maximum penalty available is or includes imprisonment for life and if the court considers that a sentence of imprisonment for life may be appropriate, order that the young person be brought before the High Court for sentence or decision and may enter a conviction before doing so; and the Sentencing Act 2002 applies accordingly if the young person is of or over the age of 14 years.”

• “(3) In any provisions so applied, District Court Judge, Judge, and judicial officer, for the purposes of this Act, mean a Youth Court Judge exercising jurisdiction in a Youth Court.”

“355 Application of Part 6 of Criminal Procedure (Reform and Modernisation) Act 2010

• “(1) The provisions of Part 6 of the Criminal Procedure (Reform and Modernisation) Act 2010,—

  • “(a) so far as they relate to appeals against conviction and sentence, apply as far as applicable with the necessary modifications to every appeal under section 351 or section 352 or section 353 of this Act:

  • “(b) so far as they relate to appeals on questions of law only, apply as far as applicable with the necessary modifications to every appeal under section 354 of this Act.

  “(2) Subsection (1) is subject to this Part.

  “(3) In the application of the provisions of Part 6 of that Act, those provisions must be read as if—

  • “(a) references to a District Court were references to a Youth Court; and

  • “(b) the Registrar of the District Court of which the Youth Court in which the case was heard and determined is a division were the Registrar of that Youth Court; and

  • “(c) references to a District Court Judge or Justice or Justices or Community Magistrate or Community Magistrates were references to a Youth Court Judge exercising jurisdiction in a Youth Court.”

• “(3) If an appeal is abandoned under the Criminal Procedure (Reform and Modernisation) Act 2010, the Registrar of the relevant appeal court must send a notice to that effect to the principal manager.”

• “(2) Despite subsection (1), on the application of either party, a rehearing of a charge may be granted under section 183A of the Criminal Procedure (Reform and Modernisation) Act 2010.

• “(3) For the purposes of this section, section 183A of that Act must be treated as applying in relation to all offence categories.

• “(4) If the proceedings should have been dealt with in a District Court or the High Court, the proceedings must be remitted to a District Court or the High Court, as the case may require, to be reheard in that Court.”

Schedule 1 Provisions applied to Youth Courts and to proceedings in such courts

s 321

1

• The District Courts Act 1947, except that—

  • (a) where any provisions of this Act conflict with any of the provisions of the District Courts Act 1947, the provisions of this Act prevail:

  • (b) nothing in section 22 of the District Courts Act 1947 applies in respect of Youth Court Judges or the business of Youth Courts.

2

• Section 10, 11B, Part 2, subparts 1 to 3A of Part 3, subparts 1 and 3 of Part 4, and subparts 1 and 2 of Part 5 of the Criminal Procedure (Reform and Modernisation) Act 2010, except that—

  • (a) charging documents against children or young persons must continue to be filed in District Courts even though they may be heard and determined in Youth Courts:

  • (b) unless a District Court Judge orders otherwise, charges that are within the jurisdiction of the Youth Court must be heard and determined in the Youth Court that is a division of the District Court in which the charging document is filed:

  • (c) section 32 of that Act does not apply:

  • (d) sections 33(4), 34, and 35A of that Act do not apply:

  • (e) section 51 of that Act does not apply:

  • (f) sections 52 to 55 of that Act apply to a proceeding only if, and to the extent that, a Youth Court Judge directs that those provisions apply:

  • (g) sections 58 to 60(1) and 60(2) to 63 and 122 of that Act (which relate to sentence indications) apply at the discretion of the Judge:

  • (h) sections 64 to 67 and 106 of that Act (which relate to issues in dispute) do not apply, except as provided in section 277(10) of this Act:

  • (i) section 107 of that Act does not apply:

  • (j) section 139 of that Act applies as if the proving of a charge were a conviction:

  • (k) section 120(1) of that Act does not apply, but section 120(2) of that Act applies only in respect of a defendant who pleads guilty to a charge of murder or manslaughter:

  • (l) sections 126 and 128 to 132B of that Act (which relate to a defendant who does not appear) do not apply:

  • (m) sections 141(2) and 141A of that Act do not apply:

  • (n) section 147(4) of that Act does not apply:

  • (o) section 183A of that Act applies to all offence categories as if the proving of a charge were a conviction:

  • (p) section 183B of that Act applies as if the proving of a charge were a conviction:

  • (q) section 189 of that Act does not apply.

3

• Part 3 of the Bail Act 2000 except that—

  • (a) neither a Justice nor a Community Magistrate may exercise any of the powers conferred by section 33:

  • (b) the provisions of section 30 apply as if there were inserted in that section, as subsections (1A) and (1B), the following subsections:

  • “(1A) Despite anything in subsection (1), if the hearing is adjourned for the purpose of enabling a family group conference to be held under the provisions of the Children, Young Persons, and Their Families Act 1989, the defendant must be excused from attending at the time and place to which the hearing is adjourned if, before that time, the Youth Justice Co-ordinator convening that conference notifies the Court, in writing, that the proceedings of that family group conference will not be completed by that time.

  • “(1B) If, under subsection (1A), the defendant is excused from attending any hearing, and the Court adjourns that hearing, the Registrar must notify the defendant of the time and place to which the hearing is adjourned.”

4

• The Criminal Disclosure Act 2008.