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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Special provisions applying to defendants under the age of 20 pending hearing or sentence

173: Remand of defendant under 17 in residence or care

You could also call this:

"What happens if you're under 17 and in court: where you can stay while you wait for your hearing"

Illustration for Criminal Procedure Act 2011

If you are under 17 and charged with or convicted of an offence in the District Court or High Court, the court can make special decisions about where you stay. The court can remand you to the care of the chief executive of the department responsible for the administration of the Oranga Tamariki Act 1989, but only if the court thinks it is a good idea because of special circumstances and the chief executive agrees to take care of you. The chief executive must be able to keep you in custody according to the rules.

If you are remanded to the chief executive's care, you can be placed in a residence under the Oranga Tamariki Act 1989 or with a suitable person until your hearing or sentencing. This is all subject to the rules of the Oranga Tamariki Act 1989, which is a law that helps keep you safe. The court must follow this law when making decisions about where you stay.

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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=DLM3360302.

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"16-year-olds usually can't go to prison before their court case, except in some serious situations."

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174: Remand of defendant under 18 years for assessment report, or

"Court sends you to a safe place for a report if you're under 18 and in court"

Part 5General provisions
Conduct of proceeding: Special provisions applying to defendants under the age of 20 pending hearing or sentence

173Remand of defendant under 17 in residence or care

  1. This section applies to any person under the age of 17 years who is charged with or convicted of an offence in the District Court or High Court.

  2. Despite section 15 of the Bail Act 2000, the court may remand the person in the custody of the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989 if—

  3. in the court's opinion it is desirable to do so by reason of special circumstances; and
    1. the court is satisfied that the chief executive of that department is able and willing to keep the person in custody in accordance with this section.

      1. If a person is remanded in the custody of the chief executive, that person may, until he or she is brought up for hearing or sentence, be placed in any residence under the Oranga Tamariki Act 1989, or under the care of any suitable person pursuant to this Act.

      2. This section is subject to the Oranga Tamariki Act 1989.

      Compare
      Notes
      • Section 173(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 173(2): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 173(3): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 173(4): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).