Oranga Tamariki Legislation Bill

  • enacted
4G New sections 276AA to 276AC inserted

Before section 276A, insert:

276AA Youth Court determination whether charge related to charge for Schedule 1A offence

(1)

This section applies to a young person aged 17 years who is charged with— a Schedule 1A offence and a non-Schedule 1A offence.

(a)

an offence specified in Schedule 1A; and

(b)

an offence not specified in Schedule 1A (other than murder or manslaughter).

(2)

The prosecutor may notify seek a determination from the Youth Court of a proposal that the charge for the offence not specified in Schedule 1A non-Schedule 1A offence is related to the charge for the offence specified in Schedule 1A offence.

(3)

If the prosecutor intends to notify a proposal seek a determination, the prosecutor must do so as soon as practicable after the latter charge later of the charges is filed.

(4)

If the Youth Court receives a proposal prosecutor seeks a determination under subsection (2), the court Youth Court must determine the matter.

(5)

In making a determination, the court may take into consideration—

(a)

any agreement of the parties:

(b)

written or oral submissions of the parties.

(6)

For the purpose of this section,—

(a)

a charge (B) is related to another charge (A) where the offending for which charge B is filed arises from the same incident or series of incidents as the offending for which charge A is filed; and

(b)

a series of incidents is determined by—

(i)

the time at which they occurred:

(ii)

the overall nature of the alleged offending:

(iii)

any other relationship between the alleged offending that the court considers relevant.

276AB Transfer of related charge to District Court or High Court

(1)

If the Youth Court determines under section 276AA(4) that the charge for the offence not specified in Schedule 1A non-Schedule 1A offence is a related charge, the related charge must be transferred to the District Court or the High Court to be dealt with together with the charge for the offence specified in Schedule 1A offence.

(2)

A reference in the Criminal Procedure Act 2011 to a charge being heard together with another charge under section 138 of that Act includes a related charge that is transferred.

(3)

If a young person aged 17 years is charged with an offence specified in Schedule 1A and an offence not specified in Schedule 1A (other than murder or manslaughter),—

(a)

section 138(1) to (3) of the Criminal Procedure Act 2011 does not apply to the hearing of the charges together in the District Court or the High Court; and

(b)

section 138 of that Act does not apply to the hearing of the charges together or the severing of the charges in the Youth Court.

(3)

Section 138(1) to (3) of the Criminal Procedure Act 2011 does not apply to the hearing of a charge for a Schedule 1A offence together with a charge for a non-Schedule 1A offence.

(4)

Subsection (1) is subject to sections 276AC and 277.

276AC Mixed pleas for Hearing of related charge when guilty plea to charge for Schedule 1A offence and related charge

(1)

This section applies to a charge for an offence not specified in Schedule 1A a non-Schedule 1A offence that the Youth Court has determined under section 276AA(4) to be a related charge.

(2)

If the young person aged 17 years pleads guilty to the charge for the offence specified in Schedule 1A offence, the related charge must be dealt with in the District Court or the High Court unless a court orders that it is in the interests of justice that the related charge be dealt with in the Youth Court.

(3)

An order under subsection (2) may be made—

(a)

by the Youth Court before the related charge is transferred to the District Court or the High Court; or

(b)

by the District Court or the High Court if the related charge has been transferred to either court.