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Oranga Tamariki Act 1989

Youth justice - Jurisdiction of Youth Court

277A: Place and level of trial court for jury trial

You could also call this:

"Which court you go to for a jury trial and where it is held"

Illustration for Oranga Tamariki Act 1989

If you are a young person who has to go to court with a jury, this section applies to you. You will be tried in a special court, and the type of court you go to depends on what you are charged with.

If you are charged with a category 4 offence, your trial will be in the High Court nearest to the Youth Court that sent your case to the High Court.

If you are charged with a category 3 offence, you will usually be tried in the District Court, unless a judge decides you should be tried in the High Court under section 68 or section 70 of the Criminal Procedure Act 2011.

The place of your trial depends on which court you are in. If you are in the District Court, your trial will be in the District Court nearest to the Youth Court that sent your case for trial. If you are in the High Court, your trial will be in the High Court nearest to the Youth Court that dealt with your case before trial, as stated in section 275(2).

This rule is subject to other rules, such as orders made under section 72 of the District Court Act 2016 or section 157 of the Criminal Procedure Act 2011, and section 139(1) of the Criminal Procedure Act 2011. It is also subject to any regulations made under section 387 of the Criminal Procedure Act 2011 that say where your trial should be held.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5330757.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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Part 4Youth justice
Jurisdiction of Youth Court

277APlace and level of trial court for jury trial

  1. This section applies if a young person is to be tried by a jury.

  2. If the offence with which the young person is charged is a category 4 offence, the trial must take place in the High Court at the place nearest to the Youth Court from which the proceedings are to be transferred.

  3. If the offence with which the young person is charged is a category 3 offence,—

  4. the level of trial court is the District Court, unless an order is made under section 68 or 70 of the Criminal Procedure Act 2011 that the trial be held in the High Court; and
    1. the place of trial is,—
      1. in the case of a District Court trial, the District Court nearest to the Youth Court that adjourned the proceeding for trial callover in accordance with section 57(3)(b) of the Criminal Procedure Act 2011 that has jurisdiction to conduct jury trials; or
        1. in the case of a High Court trial, the High Court at the place nearest to the Youth Court that dealt with the pre-trial processes in accordance with section 275(2).

        2. This section is subject to—

        3. any order made under section 72 of the District Court Act 2016 or section 157 of the Criminal Procedure Act 2011; and
          1. section 139(1) of the Criminal Procedure Act 2011; and
            1. any regulations made under section 387 of the Criminal Procedure Act 2011 that prescribe a different place of trial.

              Notes
              • Section 277A: inserted, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
              • Section 277A(3)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
              • Section 277A(4)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).