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StatuteChildren, Young Persons, and Their Families Act 1989

Section 272 — Children, Young Persons, and Their Families Act 1989: Jurisdiction of Youth Court

Text of the provision Official document

272 Jurisdiction of Youth Court (1) Where any child who is of or over the age of 10 years is alleged to have committed an offence (other than murder or manslaughter) proceedings shall not be commenced against the child under the Summary Proceedings Act 1957 . (2) Where any child who is of or over the age of 10 years is charged with murder or manslaughter the preliminary hearing of the charge shall, subject to section 274 of this Act, take place before a Youth Court and the provisions of this Act (other than sections 275 and 276 of this Act) shall apply accordingly as if that child were a young person. (3) Any young person charged with an offence other than— (a) Murder; or (b) Manslaughter; or (c) A traffic offence not punishable by imprisonment— shall be brought before a Youth Court to be dealt with in accordance with the provisions of this Act irrespective of whether the offence is punishable on summary conviction or on indictment. (4) Where a young person is charged with murder or manslaughter the preliminary hearing of the charge shall, subject to section 274 of this Act, take place before a Youth Court. (5) Notwithstanding subsection (3)(c) of this section, where a young person is charged with a traffic offence not punishable by imprisonment, a Youth Court shall hear and determine the information for that offence if— (a) The young person is charged with any other offence, being an offence in respect of which the young person is required to be brought before a Youth Court to be dealt with; and (b) Both offences arise out of the same event or series of events; and (c) The Court considers— (i) That it is desirable that the charges be heard together; or (ii) That the charges can be conveniently heard together. Compare: 1974 No 72 s 25(2)-(4); 1977 No 126 s 5

Official source: legislation.govt.nz

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