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

Police v C (Undated) YC, Wellington, CRN 0285015569, Carruthers DCJ

Name: Police v C
Unreported
File Number: CRN 0285015569
Date: Undated (1990)
Court: Youth Court
Location: Wellington
Judge: Carruthers DCJ
Charge: Burglary
CYPFA: s5(f), s322
Key Title: Delay; Objects; Principles

Summary: Information laid more than six months after the alleged offence. Young person (16) argued: (1) Information out of time pursuant to Summary Proceedings Act 1957, s14; and (2) CYPFA provisions concerning time for laying Information violated. Held: (1) Information not laid out of time because charge of burglary not subject to the six month time limit; (2) CYPFA provisions clearly intend the speedy conclusion of proceedings relating to young people (see for example s14(1)(e) and s235). Legislation’s clear aim is to uphold and enhance the rights of young people in their dealings with the law. Delay due to settling FGCs for co-offenders prior to laying the Information not a reasonable cause for last three months of the delay; delay "unnecessarily or unduly protracted" pursuant to s322 and contrary to s5(f).

Wording of s322 was derived from s100 of the Children and Young Persons Act 1974 which had concluded with the words "... and the proceedings have thereby lost significance or reasonableness"; discretion of Judge to dismiss for delay now unfettered by those qualifications and had to be applied in light of the principles in s5(f).

Decision: Information dismissed.