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Criminal Procedure Act 2011

Miscellaneous and transitional provisions - Miscellaneous provisions

380: Proceedings not invalid because defendant should have been dealt with in Youth Court

You could also call this:

"Mistake in court type doesn't cancel the case"

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If you are in court and you think you should have been dealt with in the Youth Court because of your age, this does not mean the court case is invalid. You can still have a retrial under section 177 if either you or the other party asks for it. The court will decide if you can have a retrial.

If you are still a child or young person, as defined in the Oranga Tamariki Act 1989, when you have your retrial, the court must send your case to the Youth Court. This means the Youth Court will deal with your case instead of the other court. The Youth Court is a special court that deals with young people.

You can have your case sent to the Youth Court if you meet the criteria. The court will follow the rules to make sure you are treated fairly. The rules are in place to help you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360597.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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"Mistakes on court documents don't automatically cancel a case"

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380A: Transfer of proceedings commenced in Youth Court back to Youth Court in certain circumstances, or

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Part 8Miscellaneous and transitional provisions
Miscellaneous provisions

380Proceedings not invalid because defendant should have been dealt with in Youth Court

  1. This section applies if—

  2. section 177(1) applies; or
    1. the defendant—
      1. is convicted of a category 3 offence punishable by a term of imprisonment exceeding 3 years; and
        1. did not elect a jury trial.

        2. No conviction or order or other process or proceeding is invalid by reason only that at the time the defendant was convicted the defendant should by reason of his or her age have been dealt with in the Youth Court.

        3. On the application of either party, a retrial of the charge may be granted under section 177.

        4. If, at the time appointed for the retrial, the defendant is still a child or young person within the meaning of the Oranga Tamariki Act 1989, the court must remit the proceedings to the Youth Court to be dealt with in that court.

        Notes
        • Section 380: replaced, on , by section 17 of the Criminal Procedure Amendment Act 2013 (2013 No 25).
        • Section 380(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 380(4): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
        • Section 380(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).