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Oranga Tamariki Act 1989

Youth justice - Jurisdiction of Youth Court

276AB: Transfer of related charge to District Court or High Court

You could also call this:

"When you have two related charges, one might be moved to a different court so they can be heard together."

Illustration for Oranga Tamariki Act 1989

If you are in the Youth Court and you have a charge for a non-Schedule 1A offence, the court might decide it is related to another charge. The Youth Court will then send the related charge to the District Court or the High Court. This is so both charges can be dealt with together.

When the District Court or the High Court hears the charges together, it is like hearing two charges at the same time. The Criminal Procedure Act 2011 has rules about hearing charges together, but some of these rules do not apply when a Schedule 1A offence is involved. This means that some parts of the Criminal Procedure Act 2011, like section 138, do not apply.

The court's decision to send the related charge to the District Court or the High Court can be affected by other parts of the law, like sections 276AC and 277. You should look at these sections to understand how they might apply. The rules about sending related charges to the District Court or the High Court are important for making sure that charges are dealt with fairly.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS225802.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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276AA: Youth Court determination whether charge related to charge for Schedule 1A offence, or

"Youth Court decides if two charges against you are related or not."

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276AC: Hearing of related charge when guilty plea to charge for Schedule 1A offence, or

"What happens to another charge when you plead guilty to a serious offence as a 17-year-old."

Part 4Youth justice
Jurisdiction of Youth Court

276ABTransfer of related charge to District Court or High Court

  1. If the Youth Court determines under section 276AA(4) that the charge for the non-Schedule 1A offence is a related charge, the related charge must be transferred to the District Court or the High Court to be dealt with together with the charge for the Schedule 1A offence.

  2. A reference in the Criminal Procedure Act 2011 to a charge being heard together with another charge under section 138 of that Act includes a related charge that is transferred.

  3. Section 138(1) to (3) of the Criminal Procedure Act 2011 does not apply to the hearing of a charge for a Schedule 1A offence together with a charge for a non-Schedule 1A offence.

  4. Subsection (1) is subject to sections 276AC and 277.

Notes
  • Section 276AB: inserted, on , by section 12 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).