208Principles

1. A court or person exercising powers under this Part, Part 5, or sections 351 to 360 must weigh the 4 primary considerations described in section 4A(2).

2. When weighing those 4 primary considerations, the court or person must be guided by, in addition to the principles in section 5, the following principles:

3. 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:
4. that criminal proceedings should not be instituted against a child or young person in order to provide any assistance or services needed to advance the well-being of the child or young person, or their family, whānau, hapū, or family group:
5. that any measures for dealing with offending by children or young persons should be designed—
   1. to strengthen the family, whanau, hapu, iwi, and family group of the child or young person concerned; and
   2. 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:
6. that a child or young person who commits an offence or is alleged to have committed 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:
7. that a child's or young person's age is a mitigating factor in determining—
   1. whether or not to impose sanctions in respect of offending by a child or young person; and
   2. the nature of any such sanctions:
8. that any sanctions imposed on a child or young person who commits an offence should—
   1. take the form most likely to maintain and promote the development of the child or young person within their family, whanau, hapu, and family group; and
   2. take the least restrictive form that is appropriate in the circumstances:
9. that any measures for dealing with offending by a child or young person should so far as it is practicable to do so address the causes underlying the child's or young person's offending:
10. that—
    1. in the determination of measures for dealing with offending by children or young persons, consideration should be given to the interests and views of any victims of the offending (for example, by encouraging the victims to participate in the processes under this Part for dealing with offending); and
    2. any measures should have proper regard for the interests of any victims of the offending and the impact of the offending on them:
11. 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.

12. If a court or person is exercising a power for the purpose of resolving alleged offending or offending by a child or young person, the court or person must be guided by, in addition to the principles listed in subsection (2) and section 5, the following principles:

13. the principle that reasonable and practical measures or assistance should be taken or provided to support the child or young person to prevent or reduce offending or reoffending; and
14. the principle that the child or young person should be referred to care, protection, or well-being services under this Act, if those services would be of benefit to them.

15. Subsection (3) does not apply to a Police employee unless the employee is employed as a specialist in resolving offending by children and young persons.