Oranga Tamariki Act 1989

Youth justice - Jurisdiction of Youth Court

276: Child or young person may forgo right to jury trial and elect to have proceedings determined by Youth Court

You could also call this:

"You can choose to have your court case heard by a Youth Court Judge instead of a jury."

Illustration for Oranga Tamariki Act 1989

If you are a child or young person and you have been charged with an offence, you might have the right to a trial by jury. You can choose to have your case heard in the Youth Court instead of having a jury trial. This means a Youth Court Judge will make decisions about your case.

If you want to plead guilty to the offence, the Youth Court will give you the chance to choose whether you want a jury trial or to have your case heard by a Youth Court Judge. You can change your mind about having a jury trial at any time before your case is transferred to another court. The Youth Court will then deal with your case as if you had not chosen a jury trial.

The Youth Court has the power to hear and decide your case if you are a young person and you choose to have your case heard there. If you are a child, the Youth Court can also hear and decide your case, but there are some special rules that apply to you, as stated in section 272A(1)(a), (c), and (d).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM153423.


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275: Manner of dealing with offence of murder or manslaughter, or Schedule 1A offence, or where jury trial to be held, or

"How the court deals with young people charged with serious crimes like murder or manslaughter"


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276AA: Youth Court determination whether charge related to charge for Schedule 1A offence, or

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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

  1. This section applies if—

  2. a child aged 12 or 13 years charged with an offence specified in section 272(1)(b) or (c) elects trial by jury; or
    1. a young person charged with a category 3 or 4 offence, other than murder or manslaughter, elects trial by jury.
      1. 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.

      2. 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.

      3. 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.

      4. 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).