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Oranga Tamariki Act 1989

Youth justice - Disposal of proceedings in Youth Court

284: Factors to be taken into account on sentencing

You could also call this:

"What the judge thinks about when deciding what happens to you"

Illustration for Oranga Tamariki Act 1989

When you are in the Youth Court, the judge thinks about many things before making a decision. The judge looks at what you did, how you were involved, and what happened. The judge also thinks about your life, your family, and what you are like as a person.

The judge wants to know how you feel about what you did and how your family feels about it. The judge thinks about what you can do to say sorry to the person you hurt. The judge also thinks about how what you did affected the person you hurt.

If you have done something wrong before, the judge thinks about that too. The judge looks at what happened last time and what the judge decided then. The judge thinks about what might have caused you to do what you did and how to help you not do it again.

If the judge is thinking about sending your case to a different court, they think about how serious what you did was. They think about what you have done before and how it might affect others. They think about what is best for the person you hurt and what might happen to other people.

The judge does not make a decision just because they think you need help or care. They make a decision based on what you did and what is best for you and others. The judge follows the rules in section 283 and section 14 when making a 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=DLM153441.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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285: Restrictions on power of court to make certain orders under section 283, or

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Part 4Youth justice
Disposal of proceedings in Youth Court

284Factors to be taken into account on sentencing

  1. In deciding whether to make any order under section 283 in respect of any young person, the court shall have regard to the following matters:

  2. the nature and circumstances of the offence proved to have been committed by the young person and the young person's involvement in that offence:
    1. the personal history, social circumstances, and personal characteristics of the young person, so far as those matters are relevant to the offence and any order that the court is empowered to make in respect of it:
      1. the attitude of the young person towards the offence:
        1. the response of the young person's family, whanau, or family group to—
          1. the causes underlying the young person's offending, and the measures available for addressing those causes, so far as it is practicable to do so.
            1. the young person themselves as a result of that offending:
            2. any measures taken or proposed to be taken by the young person, or the family, whanau, or family group of the young person, to make reparation or apologise to any victim of the offending:
              1. the effect of the offence on any victim of the offence, and the need for reparation to be made to that victim:
                1. any previous offence proved to have been committed by the young person (not being an offence in respect of which an order has been made under section 282 or section 35 of the Children and Young Persons Act 1974), any penalty imposed or order made in relation to that offence, and the effect on the young person of the penalty or order:
                  1. any decision, recommendation, or plan made or formulated by a family group conference:
                    1. the causes underlying the young person's offending, and the measures available for addressing those causes, so far as it is practicable to do so.

                      1. If the court is considering whether to transfer a proceeding to another court for sentence or decision under section 283(o), in addition to the factors in subsection (1), the court must consider and give greater weight to all of the following:

                      2. the seriousness of the offending:
                        1. the criminal history of the young person:
                          1. the interests of the victim:
                            1. the risk posed by the young person to other people.

                              1. The court shall not make an order under any of paragraphs (k) to (o) of section 283 merely because the court considers that the young person is in need of care or protection (as defined in section 14).

                              Notes
                              • Section 284(1)(d)(ii): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                              • Section 284(1)(i): inserted, on , by section 24 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
                              • Section 284(1A): inserted, on , by section 119 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).