Part 4Youth justice
Prosecution of children and young persons
245Proceedings not to be instituted against young person unless youth justice co-ordinator consulted and family group conference held
Where a young person is alleged to have committed an offence, and the offence is such that if the young person is charged the young person will be required pursuant to section 272 to be brought before the Youth Court then, unless the young person has been arrested, no charging document in respect of that offence may be filed unless—
- the person intending to commence the proceedings believes that the institution of criminal proceedings against the young person for that offence is required in the public interest; and
- consultation in relation to the matter has taken place between—
- the person intending to commence the proceedings or another person acting on that person's behalf; and
- a youth justice co-ordinator; and
- the person intending to commence the proceedings or another person acting on that person's behalf; and
- the matter has been considered by a family group conference convened under this Part.
Notwithstanding anything in subparagraph (i) of paragraph (b) of subsection (1), where the person intending to commence the proceedings is not an enforcement officer, the consultation required by that paragraph shall be consultation between a youth justice co-ordinator and an enforcement officer authorised in that behalf by the person intending to commence the proceedings.
Compare
- 1974 No 72 s 26
- 1977 No 126 s 6(1)
Notes
- Section 245(1): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
- Section 245(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 245(1): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
- Section 245(1)(a): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
- Section 245(1)(b)(i): replaced, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
- Section 245(2): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

