Part 10Miscellaneous provisions
Miscellaneous provisions relating to proceedings under this Act
439Proceedings not invalid because of mistake as to age
No conviction or order or direction or other process or proceedings or action taken shall be held invalid by reason only that it related to a person who was not a child or young person if there were, at the time of conviction, order, direction, process, proceedings, or action, reasonable grounds for believing that that person was a child or young person.
Despite subsection (1), on the application of either party, a rehearing of a charge may be granted under section 177 of the Criminal Procedure Act 2011.
For the purposes of this section, section 177 of that Act must be treated as applying in relation to all offence categories.
If the proceedings should have been dealt with in the District Court or the High Court, the proceedings must be remitted to the District Court or the High Court, as the case may require, to be reheard in that court.
Compare
- 1974 No 72 s 44
Notes
- Section 439(2): replaced, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
- Section 439(3): inserted, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
- Section 439(4): inserted, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
- Section 439(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).

