277Provisions applicable where child, young person, or adult jointly charged

1. If a child or young person is charged with any offence jointly with any other person or persons (whether 1 or more young persons, adults, or children), this section applies.

2. If a child is jointly charged with any other person or persons, and that child is not charged with murder or manslaughter or does not elect jury trial, that child must be tried in the Youth Court along with any co-defendants who are also not to have a jury trial.

3. If a child is jointly charged with any other person or persons, and that child is to have a jury trial, that child must be tried in the same court as any co-defendants who are also to have a jury trial.

4. Subsection (5) applies if a young person is jointly charged with any 1 or more of—

5. an adult who is to have a jury trial; or
6. another young person who is to have a jury trial; or
7. a child who is to have a jury trial.

8. Subject to subsections (2) and (3), the young person must be tried with the person or persons with whom he or she is jointly charged and who are to have a jury trial, and by the same court that is to try those persons unless the Youth Court, in the interests of justice, orders otherwise.

9. Subject to subsections (2) and (3), if an adult is jointly charged with 1 or more children or young persons, the following provisions apply:

10. if any of the co-defendants is to have a jury trial, the adult must be tried with that person in the same court; and
11. if none of the co-defendants is to have a jury trial, and the adult either does not or is not eligible to elect to be tried by a jury, the adult must be tried with the co-defendants in the Youth Court, unless the Youth Court, in the interests of justice, orders otherwise.

12. If none of subsections (2), (3), (5), and (6) applies, the persons charged must be tried in the Youth Court by a Youth Court Judge.

13. In any proceedings to which this section applies, the powers of any Youth Court Judge in respect of any defendant who is not a child or young person are limited to such powers as are exercisable by the Youth Court Judge as a District Court Judge elsewhere than in the Youth Court.

14. If any defendant, not being a child or young person, is convicted in the Youth Court,—

15. any sentence imposed or order made must be one that could have been imposed or made if that defendant had been convicted following a trial in the District Court; and
16. that defendant must for all purposes, including section 184 of the Criminal Procedure Act 2011, be deemed to have been convicted in the District Court.

17. If an adult is tried with a child or young person in the Youth Court under subsection (6)(b) or (7), the following apply in respect of the adult, with the necessary modifications:

18. all applicable pre-trial processes under subparts 1 to 3 of Part 3 of the Criminal Procedure Act 2011; and
19. sections 60 to 62(1), 62(3) to 65, and 116 of that Act (which relate to sentence indications).

20. This section is subject to sections 272A, 274, and 275.

21. For the purpose of this section,—

    adult includes a person aged 17 years charged with a Schedule 1A offence

    young person does not include a person aged 17 years charged with a Schedule 1A offence.