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StatuteChildren, Young Persons, and Their Families Act 1989

Section 277 — Children, Young Persons, and Their Families Act 1989: Provisions applicable where young person charged jointly with person who is not a young person

Text of the provision Official document

277 Provisions applicable where young person charged jointly with person who is not a young person (1) In any case where an information is laid charging a young person with any offence jointly with any other person or persons, the provisions of subsections (2) to (5) of this section shall apply if one or more of the persons jointly charged is not a young person within the meaning of this Act. (2) In any case to which subsection (1) of this section applies, the information shall be submitted for the consideration of a Youth Court Judge, and the Youth Court Judge shall direct that the proceedings be heard in the Youth Court or elsewhere as the Youth Court Judge thinks fit. (3) Where any such proceedings are directed to be heard in a Youth Court, the Youth Court Judge exercising jurisdiction in a Youth Court may, at any stage of the proceedings, make an order for their removal out of the Youth Court, and on the making of such an order the proceedings shall be held as if a Youth Court had not been established. (4) In any proceedings to which this section applies, the powers of any Youth Court Judge in respect of any accused person who is not a young person shall be limited to such powers as are exercisable by the Youth Court Judge as a District Court Judge elsewhere than in a Youth Court. (5) Where any accused person, not being a young person, is convicted in a Youth Court,— (a) Any sentence imposed or order made shall be one that could have been imposed or made if that accused person had been convicted following a summary hearing in a District Court; and (b) That accused person shall for all purposes, including section 71(2) of the Summary Proceedings Act 1957 , be deemed to have been convicted in a District Court. Compare: 1974 No 72 s 34(3)-(7)

Official source: legislation.govt.nz

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