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

Police v M & S (13 August 1993) YC, Otahuhu, CRN 3248020789-795, Moore DCJ

Name: Police v M & S
Unreported
File number: CRN 3248020789-795
Date: 13 August 1993
Court: Youth Court
Location: Otahuhu
Judge: Moore DCJ
CYPFA: s396
Charge: Sexual Violation; Kidnapping/Abduction
Key Title: Bail; Custody - CYFS

Summary: Application for bail of M & S (15 and 16); serious allegations of sexual violation and detaining with intent to have sexual intercourse. Samoan Trust seeking to have M & S placed in its care but Trust not yet approved as a "cultural authority" pursuant to CYPFA, s2; thus, no jurisdiction under s238(1)(d) to place M & S there. To release M & S on bail under CYPFA, s238(1)(b) subject to requirement that they are in 24 hour custody of the Trust would defeat the policy of the statute that only organisations approved by the Director-General under s396(2) should be used in custodial situations.

Decision: M & S remanded in the custody of the Director-General under s238(1)(d).