Section 208 — Children, Young Persons, and Their Families Act 1989: Principles

208 Principles Subject to section 5 of this Act, any Court which, or person who, exercises any powers conferred by or under this Part or Part 5 or sections 351 to 360 of this Act shall be guided by the following principles: (a) The principle that, unless the public interest requires otherwise, criminal proceedings should not be instituted against a child or young person if there is an alternative means of dealing with the matter: (b) The principle that criminal proceedings should not be instituted against a child or young person solely in order to provide any assistance or services needed to advance the welfare of the child or young person, or his or her family, whanau, or family group: (c) The principle that any measures for dealing with offending by children or young persons should be designed— (i) To strengthen the family, whanau, hapu, iwi, and family group of the child or young person concerned; and (ii) To foster the ability of families, whanau, hapu, iwi, and family groups to develop their own means of dealing with offending by their children and young persons: (d) The principle that a child or young person who commits an offence should be kept in the community so far as that is practicable and consonant with the need to ensure the safety of the public: (e) The principle that a child's or young person's age is a mitigating factor in determining— (i) Whether or not to impose sanctions in respect of offending by a child or young person; and (ii) The nature of any such sanctions: (f) The principle that any sanctions imposed on a child or young person who commits an offence should— (i) Take the form most likely to maintain and promote the development of the child or young person within his or her family, whanau, hapu, and family group; and (ii) Take the least restrictive form that is appropriate in the circumstances: (g) The principle that any measures for dealing with offending by children or young persons should have due regard to the interests of any victims of that offending: (h) The principle that the vulnerability of children and young persons entitles a child or young person to special protection during any investigation relating to the commission or possible commission of an offence by that child or young person.