Part 4Youth justice
Jurisdiction of Youth Court
276Child or young person may forgo right to jury trial and elect to have proceedings determined by Youth Court
This section applies if—
- a child aged 12 or 13 years charged with an offence specified in section 272(1)(b) or (c) elects trial by jury; or
- a young person charged with a category 3 or 4 offence, other than murder or manslaughter, elects trial by jury.
The child or young person may, without leave of the court, withdraw that election at any time before the proceeding is transferred to the trial court after an adjournment for trial callover in accordance with section 57(3)(b) of the Criminal Procedure Act 2011 and, if the child or young person does so, the proceedings continue in the Youth Court as if the child or young person had not made that election.
If the Youth Court proposes to adjourn the proceeding for trial callover, or the child or young person at any time before the proceeding is adjourned for trial callover indicates to the court that they wish to plead guilty to the offence, the Youth Court must give that child or young person the opportunity of forgoing the right to trial by jury and of electing to have the charge heard and determined in the Youth Court by a Youth Court Judge.
If a young person elects to have the charge heard and determined in the Youth Court by a Youth Court Judge, the Youth Court has the jurisdiction to hear and determine the charge and otherwise deal with the young person in accordance with this Act.
If a child elects to have the charge heard and determined in the Youth Court by a Youth Court Judge, the Youth Court has the jurisdiction to hear and determine the charge and otherwise deal with the child in accordance with this Act as if the child were a young person (but subject to section 272A(1)(a), (c), and (d)).
Notes
- Section 276: replaced, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
- Section 276(2): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
- Section 276(3): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
- Section 276(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 276(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 276(5): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
- Section 276(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).

