Oranga Tamariki Legislation Bill

  • enacted
4H Section 276A amended (Transfer of proceeding back to Youth Court)

(1)

In section 276A(1), replace “section 275” with “section 275 or 276AB(1)”.

(2)

After section 276A(2), insert:

(3)

The transfer of the proceeding may occur at any time before sentencing.

(4)

For the purpose of subsection (1)(a), in relation to a proceeding for a related charge that is joined to a proceeding under section 276AB(1), the reason for the transfer of the proceeding for the related charge may no longer apply if, for example,—

(a)

the defendant young person has been found not guilty of the offence specified in Schedule 1A offence in the District Court or the High Court; or

(b)

the charge for the offence specified in Schedule 1A offence is severed is to be heard separately under section 138(4) of the Criminal Procedure Act 2011, is withdrawn under section 146 of that Act, or discharged is dismissed under section 147 of that Act; or

(c)

the related charge is transferred back to the Youth Court by District Court or High Court has made an order under section 276AC(2).

(5)

For the purposes of sections 283, 293A, 294, 297, 298, 307, 308A, 311, and 334, a proceeding that is transferred back following a guilty plea or finding of guilt is to be treated as if the charge were proved before the Youth Court.

(6)

Although subsection (5) does not apply to section 281, the Youth Court may direct that a family group conference be convened under section 281B.