Section 248 — Children, Young Persons, and Their Families Act 1989: Family group conference not required in certain cases

248 Family group conference not required in certain cases (1) Nothing in section 245(1)(c) or section 246(b) or section 247(b) or (d) or (e) or section 281 of this Act requires a family group conference to be held in respect of any offence alleged or proved to have been committed by a young person if— (a) The offence is alleged or proved to have been committed on a date that is earlier than the date on which— (i) The young person was convicted and sentenced in the High Court or a District Court; or (ii) A Youth Court made an order under section 283 of this Act in respect of that young person— for any other offence (not being an offence the maximum penalty for which is less than the maximum penalty that may be imposed in respect of the first-mentioned offence); or (b) The young person is subject to a sentence of imprisonment or a community-based sentence (as those terms are defined in section 4(1) of the Sentencing Act 2002), or to a sentence of home detention imposed under section 80A of the Sentencing Act 2002, or to any order made under any of paragraphs (k) to (o) of section 283 of this Act,— and, subject to subsection (5) of this section, in either case, a Youth Justice Co-ordinator is of the view that the holding of a family group conference would serve no useful purpose, and the family or whanau or family group of the young person agree with that view. (2) Where— (a) A family group conference has been convened pursuant to section 247 of this Act in relation to any offence alleged or proved to have been committed by a child or young person; and (b) Before the family group conference has made any decision, recommendation, or plan pursuant to section 260 of this Act in relation to that offence, that child or young person is alleged or proven to have committed any other offence (being an offence in respect of which a family group conference would be required to be held pursuant to section 247 of this Act),— the family group conference may make in respect of the latter offence any decision, recommendation, or plan that it is empowered to make under section 260 of this Act, and it shall not be necessary to convene a separate family group conference in relation to that latter offence. (3) Nothing in section 245(1)(c) or section 246(b) or section 247(b) or (d) or (e) or section 281 of this Act requires a family group conference to be held in respect of any offence alleged or proved to have been committed by a young person if— (a) The requirement to convene a conference under any of those sections arose within 6 weeks of the completion of a previous family group conference— (i) That was convened under this Part of this Act in respect of any other offence; and (ii) That had the opportunity to consider how that offence should be dealt with; and (b) Subject to subsections (4) and (5) of this section, a Youth Justice Co-ordinator— (i) Is of the view that the holding of a family group conference would serve no useful purpose; and (ii) Is satisfied that— (A) The family, whanau, or family group of the young person; and (B) Each of the persons who would be entitled to attend a family group conference under any of paragraphs (d) to (n) of section 251 of this Act— agree with that view. (4) Before forming a view as to whether or not a family group conference would serve a useful purpose under subsection (3) of this section, the Youth Justice Co-ordinator shall— (a) Consult with— (i) The family, whanau, or family group of the young person concerned; and (ii) The persons who would be entitled to attend the family group conference pursuant to any of paragraphs (d) to (n) of section 251 of this Act; and (b) Have regard to— (i) The response of the young person to any decisions, recommendations, or plans made or formulated by the previous family group conference; and (ii) The seriousness and extent of the offending alleged or proved to have been committed by the young person and that gives rise to the requirement to hold a family group conference. (5) Before forming a view as to whether or not a family group conference would serve a useful purpose under subsection (1) or subsection (3) of this section, the Youth Justice Co-ordinator shall consider whether a family group conference is necessary for the purpose of considering whether the young person should be required to make reparation for any offence. Section 248 was substituted, as from 8 January 1995, by section 34 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121). Section 248(1)(b): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27). Subsection (1)(b) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9), by substituting “ sentence of imprisonment or a community-based sentence (as those terms are defined in section 4(1) of the Sentencing Act 2002) ” for “ full-time custodial sentence or a community-based sentence (as those terms are defined in section 2(1) of the Criminal Justice Act 1985) ” . See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).