Oranga Tamariki Act 1989

Youth justice - Disposal of proceedings in Youth Court

283: Hierarchy of court's responses if charge against young person proved

You could also call this:

"What happens if you're found guilty of a crime in the Youth Court"

Illustration for Oranga Tamariki Act 1989

If you are found guilty of a crime in the Youth Court, the court can respond in different ways. The court's responses are grouped into levels, from least to most restrictive. You might get a warning or a fine, or you might have to pay for damage you caused.

The court can also order you to attend a programme to help you, like a mentoring programme or a drug rehabilitation programme. You might have to do community work or be supervised by someone for a while. In some cases, the court can send you to a residence where you will be supervised. The court's goal is to help you and keep you and your community safe.

If you are 14 or older and committed a serious crime, the court might send your case to the District Court or the High Court for sentencing. This means a different court will decide your punishment. The court will consider what is best for you and your community when making its decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM153436.


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Part 4Youth justice
Disposal of proceedings in Youth Court

283Hierarchy of court's responses if charge against young person proved

  1. The Youth Court before which a charge against a young person is proved may, subject to sections 284 to 290, make 1 or more of the following responses (grouped in levels of equal restrictiveness, the groups ranging from least restrictive to most restrictive):

    Group 1 responses

  2. discharge the young person from the proceedings without further order or penalty:
    1. admonish the young person:
      1. Group 2 responses

      2. order that the young person come before the court, if called upon within 12 months after the order is made, so that the court may take further action under this section:
        1. impose a fine that could have been imposed by the District Court if the young person were an adult and had been convicted of the offence following a trial in the District Court, and exercise any of the powers conferred on the District Court by sections 81 and 83 of the Summary Proceedings Act 1957 (other than the power to impose a period of imprisonment in default of payment):
          1. order the young person or, in the case of a young person who is under the age of 16 years, any parent or guardian of the young person to pay a sum towards the cost of the prosecution:
            1. order the young person or, in the case of a young person who is under the age of 16 years, any parent or guardian of the young person to pay to the person who suffered the emotional harm or the loss of, or damage to, property such sum as it thinks fit by way of reparation if the court is satisfied that any person (other than the young person) suffered, through or by means of the offence, either or both of the following:
              1. emotional harm:
                1. loss of, or damage to, property:
                2. order the young person or, in the case of a young person who is under the age of 16 years, a parent or guardian of the young person to make restitution in accordance with section 377 of the Criminal Procedure Act 2011:
                  1. make an order for the forfeiture of property to the Crown if the forfeiture of that property would have been obligatory or could have been ordered under an enactment applicable to the offence if the young person were an adult and had been convicted of that offence by the District Court:
                    1. make an order under section 293A (which relates to disqualification from driving):
                      1. make an order that could have been made by a court other than the Youth Court under section 128 or 129 of the Sentencing Act 2002 (which relate to confiscation of motor vehicles) if the young person were an adult and had been convicted of the offence in a court other than the Youth Court, and, if the court makes the order, the following sections of that Act apply (to the extent they are applicable and subject to any necessary modifications):
                        1. section 128 or 129 (as the case may be):
                          1. sections 129EA, 130, 131 to 136, 137, and 138 to 142:
                          2. Group 3 responses

                          3. make an order requiring the young person (if the young person is, or is soon to be, a parent or guardian or other person having the care of a child), or a parent or guardian or other person having the care of the young person, or both, to attend, in a manner specified by the court, and for a specified period of not more than 6 months, a specified parenting education programme:
                            1. make an order requiring the young person to attend, in a manner specified by the court, and for a specified period of not more than 12 months, a specified mentoring programme:
                              1. make an order requiring the young person to attend, in a manner specified by the court, and for a specified period of not more than 12 months, a specified alcohol or drug rehabilitation programme:
                                1. Group 4 responses

                                2. make an order placing the young person under the supervision of the chief executive, or any person or organisation specified in the order, for a period not exceeding 6 months:
                                  1. make a community work order under section 298:
                                    1. Group 5 response

                                    2. make a supervision with activity order under section 307:
                                      1. Group 6 response

                                      2. make a supervision with residence order under section 311:
                                        1. Group 7 response

                                        2. exercise the powers conferred by one of the following subparagraphs:
                                          1. the court may order that the young person be brought before the District Court for sentence or decision, and may enter a conviction before doing so; and the Sentencing Act 2002 applies accordingly if—
                                            1. the young person is of or over the age of 15 years; or
                                              1. the young person is of or over the age of 14 years and under the age of 15 years and the charge proved against the young person is a charge in respect of a category 4 offence or category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years:
                                              2. the court may, in the case of a young person charged with a category 4 offence or an offence for which the maximum penalty available is or includes imprisonment for life and if the court considers that a sentence of imprisonment for life may be appropriate, order that the young person be brought before the High Court for sentence or decision and may enter a conviction before doing so; and the Sentencing Act 2002 applies accordingly if the young person is of or over the age of 14 years.
                                              Compare
                                              • 1974 No 72 s 36(1)
                                              • 1977 No 126 s 10
                                              • 1983 No 129 s 8(1)
                                              Notes
                                              • Section 283: replaced, on , by section 23 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
                                              • Section 283: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                              • Section 283(d): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                              • Section 283(d): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
                                              • Section 283(g): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
                                              • Section 283(h): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                              • Section 283(j): replaced, on , by section 5 of the Children, Young Persons, and Their Families Amendment Act 2011 (2011 No 33).
                                              • Section 283(j): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                              • Section 283(ja): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                                              • Section 283(o): replaced, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
                                              • Section 283(o)(i): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                              • Section 283(o)(i)(B): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).