Oranga Tamariki Legislation Bill

  • enacted
4B New section 247A inserted (Family group conference either not required or suspended for mixed charges including Schedule 1A offence not required, suspended, or discontinued when charges include Schedule 1A offence and non-Schedule 1A offence)

After section 247, insert:

247A Family group conference either not required or suspended for mixed charges including Schedule 1A offence not required, suspended, or discontinued when charges include Schedule 1A offence and non-Schedule 1A offence

(1)

Section 245 does not apply if—

(a)

a young person aged 17 years is charged with an offence specified in Schedule 1A a Schedule 1A offence; and

(b)

an enforcement officer intends to commence criminal proceedings against the young person for an offence not specified in Schedule 1A a non-Schedule 1A offence; and

(c)

the prosecutor intends to notify seek a determination from the Youth Court of a proposal under section 276AA(2).

(2)

If the prosecutor notifies seeks a determination from the Youth Court of a proposal under section 276AA(2), section 246(b) does not apply unless and until the Youth Court—

(a)

determines under section 276AA(4) that the charge is not a related charge; or

(b)

orders that the charge remain and be dealt with in the Youth Court under section 276AC(2).

(3)

Subsection (4) applies if—

(aa)

a young person aged 17 years is charged with a Schedule 1A offence; and

(a)

a family group conference has been convened under section 247(b), (c), or (d) in respect of an offence not specified in Schedule 1A a non-Schedule 1A offence that is alleged to have been committed by a the young person aged 17 years; and

(b)

either—

(i)

an enforcement officer intends to commence criminal proceedings for the non-Schedule 1A offence; or

(ii)

the young person is charged with the non-Schedule 1A offence; and

(c)

the young person is charged with an offence specified in Schedule 1A; and

(d)

the prosecutor notifies seeks, or intends to notify seek (in the circumstances of paragraph (b)(i)), a determination from the Youth Court of a proposal under section 276AA(2).

(4)

If this subsection applies, the family group conference must be—

(a)

suspended unless and until the Youth Court—

(i)

determines under section 276AA(4) that the charge is not a related charge; or

(ii)

orders that the charge remain and be dealt with in the Youth Court under section 276AC(2); and

(b)

discontinued if the Youth Court transfers the related charge to the District Court or the High Court under section 276AB(1).