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Oranga Tamariki Act 1989

Youth justice - Disposal of proceedings in Youth Court

282: Power of court to discharge charge

You could also call this:

"The court can cancel a charge against you if it thinks that's the best thing to do."

Illustration for Oranga Tamariki Act 1989

If you are charged with an offence in category 1, 2, or 3, the Youth Court can look into your case and decide to discharge the charge. This means the charge is cancelled and it is like it was never made. The court can do this after it has looked into what happened.

If the court is sure you did what you are charged with, it can make an order as stated in section 283(e) to (j) when it discharges the charge or at an earlier time. You will know what this order is when the court makes it. The court has to follow certain rules before making an order at an earlier time, as stated in section 281(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM153435.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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"What happens if you're found guilty of a crime in the Youth Court"

Part 4Youth justice
Disposal of proceedings in Youth Court

282Power of court to discharge charge

  1. If a charging document is filed charging a young person with an offence in category 1, 2, or 3, the Youth Court, after an inquiry into the circumstances of the case, may discharge the charge.

  2. A charge discharged under subsection (1) is deemed never to have been filed.

  3. If it is satisfied that the charge against the young person is proved, the court may make an order under any of the provisions of section 283(e) to (j)—

  4. when it discharges the charge; or
    1. at any earlier time after it completes the inquiry referred to in subsection (1).

      1. The court must not exercise the power in subsection (3)(b) unless section 281(1) is complied with.

      Notes
      • Section 282: replaced, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
      • Section 282(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).