248Family 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 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—

2. the offence is alleged or proved to have been committed on a date that is earlier than the date on which—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
   1. the young person was convicted and sentenced in the High Court or the District Court; or
   2. the Youth Court made an order under section 283 in respect of that young person—
3. 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,—
and, subject to subsection (5), 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.

4. Where—

5. a family group conference has been convened pursuant to section 247 in relation to any offence alleged or proved to have been committed by a child or young person; and
6. before the family group conference has made any decision, recommendation, or plan pursuant to section 260 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),—
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, and it shall not be necessary to convene a separate family group conference in relation to that latter offence.

7. Nothing in section 245(1)(c) or section 246(b) or section 247(b) or (d) or (e)or section 281 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—

8. the requirement to convene a conference under any of those sections arose within 6 weeks of the completion of a previous family group conference—
   1. that was convened under this Part in respect of any other offence; and
   2. that had the opportunity to consider how that offence should be dealt with; and
9. subject to subsections (4) and (5), a youth justice co-ordinator—
   1. is of the view that the holding of a family group conference would serve no useful purpose; and
   2. is satisfied that—agree with that view.
      1. the family, whanau, or family group of the young person; and
      2. each of the persons who would be entitled to attend a family group conference under any of paragraphs (d) to (n) of section 251—

10. Before forming a view as to whether or not a family group conference would serve a useful purpose under subsection (3), the youth justice co-ordinator shall—

11. consult with—
    1. the family, whanau, or family group of the young person concerned; and
    2. the persons who would be entitled to attend the family group conference pursuant to any of paragraphs (d) to (n) of section 251; and
12. have regard to—
    1. the response of the young person to any decisions, recommendations, or plans made or formulated by the previous family group conference; and
    2. 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.

13. Before forming a view as to whether or not a family group conference would serve a useful purpose under subsection (1) or subsection (3), 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.