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

Police v JT (24 August 2000) YC, Hamilton, CRN 9219035462, Twaddle DCJ

Name: Police v JT
Unreported
File number: CRN 9219035462
Date: 24 August 2000
Court: Youth Court
Location: Hamilton
Judge: Twaddle DCJ
CYPFA:
Charge: Indecent Assault
Key Title: Databank Compulsion Order

Summary: Whether non-denial of an offence in the Youth Court amounts to a finding by the Youth Court that a charge against a young person has been proved for the purposes of the Criminal Investigations (Blood Samples) Act 1995. JT charged with indecent assault, not denied; record showed charge admitted at FGC; order made under s283(c) CYPFA. Police applied for order under s39 of Criminal Investigations (Blood Samples) Act 1995 for Databank Compulsion Order requiring JT to give blood sample. Criminal Investigations (Blood Samples) Act 1995, s2 provides that a conviction includes "a finding, by a Youth Court, that a charge against a young person is proved". Cloke v Police (AP45/00, High Court, Hamilton, 13 June 2000) where Hammond J said that it is only if there is a plea of guilty or the charge has been proved by evidence that a s283(o) conviction and transfer can be made, and Police v S 19 FRNZ 72 discussed; Judge found Cloke applied in this case as although Cloke related to whether an offence was proved for the purposes of s283(o), "the propositions underlying that decision are broad in principle".

Decision: Charge against JT not proved and application dismissed.