Youth Court Decisions How to Use Full list of key titles CYPFA section Date

Police v A; Police v K (12 June 1990) YC, New Plymouth, CRNs 0043002271; 0043002111, Ryan DCJ

Name: Police v A; Police v K
Unreported
File number: CRNs 0043002271; 0043002111
Date: 12 June 1990
Court: Youth Court
Location: New Plymouth
Judge: Ryan DCJ
Charge: Indecent Assault
CYPFA: s2(2)
Key Title: Jurisdiction of the Youth Court - Age

Summary: A & K had allegedly committed indecent acts while YPs but now aged 27 and 19; discussion of pre-CYPFA test under which the relevant age is the age of the child at the time of their attendance at Court. Judge unwilling to depart from s2(2) of the CYPFA and long-standing practice which dictates that if alleged offender is a YP at the time of the offence, then proceedings should commence in the YC. Practice is not detrimental to A & K’s interests and may better accommodate the interests of the complainants.

Decision: Jurisdiction of YC upheld.

NOTE: Amendment to s2(2) as from 8 January 1995. This decision could not now be reached on the basis of the law now applying.