Part 5Provisions relating to procedure in Youth Court
General
321Application of Acts relating to bail, criminal disclosure, criminal procedure, victims' rights, and District Court
Subject to the provisions of this Act, the provisions set out in Schedule 1 shall apply, with such modifications as are indicated in that schedule or are necessary, to the Youth Court and to proceedings in that court, as the case may require.
For the purposes of section 293, the Youth Court and its officers have all the powers and duties of the District Court and its officers respectively, and Part 3 of the Summary Proceedings Act 1957 shall apply accordingly with all necessary modifications and the following specific modification, namely, that where any child or young person is examined as to the means of that child or young person under that Part of that Act any parent or guardian or other person having the care of that child or young person may be present.
In any provisions so applied, District Court Judge, Judge, and judicial officer, for the purposes of this Act, mean a Youth Court Judge exercising jurisdiction in the Youth Court.
Any officer of the District Court may act as an officer of the Youth Court.
For the avoidance of doubt, it is hereby declared that, in any case where a child or young person first appears before the Youth Court following their arrest, the following powers may be exercised in relation to the child or young person by a Justice or Community Magistrate:
- the powers conferred by section 238(1):
- where the child or young person is legally represented in the proceedings, the powers conferred by section 246(b).
Compare
- 1974 No 72 s 99
Notes
- Section 321 heading: replaced, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
- Section 321 heading: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 321 heading: amended, on , by section 8 of the Children, Young Persons, and Their Families Amendment Act 2014 (2014 No 36).
- Section 321(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 321(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 321(3): replaced, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
- Section 321(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 321(4): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 321(5): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
- Section 321(5): inserted, on , by section 40 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
- Section 321(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 321(5): amended, on , by section 7 of the District Courts Amendment Act 1998 (1998 No 76).

