Oranga Tamariki Legislation Bill

  • enacted
4F Section 275 amended (Manner of dealing with offence of murder or manslaughter, or Schedule 1A offence, or where jury trial to be held)

After section 275(2), insert:

(2A)

However, if a young person aged 17 years charged with an offence specified in Schedule 1A a Schedule 1A offence is jointly charged with a child or young person (other than a young person aged 17 years charged with an offence specified in Schedule 1A a Schedule 1A offence), the proceeding must not be transferred to the District Court or the High Court unless—

(a)

one1 or more defendants elects elect jury trial and the co-defendants are to be tried together, in which case the proceeding must be transferred only after an adjournment for trial callover in accordance with subsection (2)(a); or

(b)

the defendants are to be tried separately, in which case the proceeding against the young person aged 17 years charged with an offence specified in Schedule 1A a Schedule 1A offence must be transferred immediately following the determination that the defendants are to be tried separately, but after that young person’s first appearance, in accordance with subsection (2)(aa) or (ab); or

(c)

one 1 or more co-defendants are charged with murder or manslaughter, in which case subsection (2)(b) applies.