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Oranga Tamariki Act 1989

Youth justice - Jurisdiction of Youth Court

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you are 17 years old and you plead guilty to a charge for a Schedule 1A offence, the Youth Court will deal with a related charge in a special way. The related charge must be dealt with in the District Court or the High Court, unless a court decides it is fair to deal with it in the Youth Court. You can find out more about how the Youth Court decides this by looking at what the court decided under section 276AA(4).

If the court decides it is fair, it can make an order to keep the related charge in the Youth Court. The Youth Court can make this order before the related charge is moved to the District Court or the High Court. The District Court or the High Court can also make this order if the related charge has already been moved to one of those courts.

The court's decision is important because it affects where the related charge will be dealt with. The Youth Court, District Court, or High Court will make a decision based on what is fair.

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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=LMS225803.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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276AB: Transfer of related charge to District Court or High Court, or

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

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276A: Transfer of proceeding back to Youth Court, or

"A case can go back to the Youth Court if it was moved to a different court and doesn't need to be there anymore."

Part 4Youth justice
Jurisdiction of Youth Court

276ACHearing of related charge when guilty plea to charge for Schedule 1A offence

  1. This section applies to a charge for a non-Schedule 1A offence that the Youth Court has determined under section 276AA(4) to be a related charge.

  2. If the young person aged 17 years pleads guilty to the charge for the Schedule 1A offence, the related charge must be dealt with in the District Court or the High Court unless a court orders that it is in the interests of justice that the related charge be dealt with in the Youth Court.

  3. An order under subsection (2) may be made—

  4. by the Youth Court before the related charge is transferred to the District Court or the High Court; or
    1. by the District Court or the High Court if the related charge has been transferred to either court.

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