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Police v Young Person (1991) 8 FRNZ 609 (DC)
Case summary provided by BROOKERS
Name: Police v Young Person
Reported: (1991) 8 FRNZ 609
File number:
Date: 25 March 1991
Court: District Court
Location: Wellington
Judge: Unwin DCJ
Charge:
CYPFA: s438
Key Title: Media Reporting
Brooker’s summary:
Children and young persons - Press reporting - Report of Youth Court proceedings - Young person transferred to District Court for sentencing - "Proceedings under this Act" in terms of s 438(1) only refer to proceedings in the Youth Court - Whether case may be published is a matter for judicial discretion and not the law - Reasons for decision - Children, Young Persons, and Their Families Act, ss 274(2)(b), 283(o), 285(6), 290, 435(3), 438; Criminal Justice Act 1985, ss 138, 140, 142.
The young person involved, 16, was given the opportunity under s 276 Children, Young Persons, and Their Families Act 1989 (the Act) to plead guilty to a number of charges, including two indictable charges of arson, and be dealt with in the Youth Court. He was subsequently transferred to the District Court for sentencing under s 283(o) of the Act. When the case came before the District Court, a newspaper reporter indicated an interest in reporting the details of the case. Counsel on behalf of the young person objected to the publication of any report on the ground that the sentencing of the young person was still a proceeding governed by the Act whichever Court was involved, and therefore the privacy provisions under s 438(1) of the Act applied.
Held, disagreeing with counsel's submission:
(1) Under s 438(1) of the Act, "proceedings under this Act" refers to proceedings in the Youth Court. Once the proceedings are removed to another Court, then the provisions of the Criminal Justice Act 1985 will apply.
(2) When a young person is sent to the District Court or the High Court for sentencing or trial, then subject to any rulings of the Judge, the Court shall be open to the public, and anything that is said or done in the Court may be published or reported upon. The opportunity to be anonymous will be a matter for judicial discretion and not law.
Cases referred to
The King v Sussex Justices, ex p McCarthy [1924] 1 KB 256
Hearing
This was a preliminary hearing concerning the right of the press to report proceedings which originate in a Youth Court.
The facts appear from the judgment.
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