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

Police v A Young Person (18 August 1999) FC, Hamilton, Twaddle DCJ

Name: Police v A Young Person
Unreported
File number: CRN
Date: 18 August 1999
Court: Family Court
Location: Hamilton
Judge: Twaddle DCJ
Charge: Indecent Assault, Performing anal intercourse on persons under the age of 16
CYPFA: s104, s105
Key Title: Care and Protection cross over; Custody - CYFS

Summary: Young person (15.5) appeared on 10 charges of performing anal intercourse on persons under the age of 16 and 3 charges of indecent assault. Court also required to review an order granting custody of the young person to the Director-General of Social Welfare under the care and protection provisions of CYPFA. Youth and Family matters dealt with together.

Young person had long history of aggressive, sexualised and antisocial behaviour, a conduct disorder and was under 24 hour surveillance. At FGC family and victims recommended young person should attend the Christchurch Adolescent Offender Rehabilitation Programme; police sought conviction and transfer to DC.

Custody order made in favour of Director-General of SW and Director-General to be young person’s sole guardian – review directed for 12 months time. Necessary to make final effort to rehabilitate young person. Youth justice matters require timely disposition but Christchurch programme not delivered in residence registered under the Act’s youth justice provisions. Accordingly young person cannot be placed there under YC orders and admission must be by way of care and protection proceedings. This weighed against immediate final disposition of the criminal charges. Sections 104 and 105 relied upon to ensure young person remained at the Programme.

Decision: Custody and sole guardianship orders made.