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

Police v U-S (12 February 2001) YC, Christchurch, CRN 0209005194-96, Abbott DCJ

Name: Police v U-S
Unreported
File number: CRN 0209005194-96
Date: 12 February 2001
Court: Youth Court
Location: Christchurch
Judge: Abbott DCJ
CYPFA: s2, s247, s253(4)
Charge: Assault
Key Title: Family Group Conference - Attendance

Summary: U faced serious assault charge; assault allegedly occurred on 1.4.00; delays; Youth Justice Co-ordinator rang U’s family on 31.10.00 to arrange a meeting; meeting held on 8.11.00; Youth Justice Co-ordinator advised he could write up the discussion at the meeting as a record of a FGC or hold a more formal conference with Police and victims present; charge denied so second alternative followed. Held: The call by the Youth Justice Co-ordinator to U’s family on 31.10.00 did not constitute "convening" an FGC; procedures for convening an FGC import a reasonable degree of formality and conference must be convened in terms of section 2 CYPFA before s253(4) CYPFA can apply. "Convene" in s2 and s247 read together dictate that it is necessary to fix the date, time and location of an FGC and notify all interested parties to "convene" an FGC. Time limits mandatory, failure to comply is fatal to any charge subsequently laid: H v Police [1999] NZFLR 966. Delay in terms of s322 CYPFA found.

Decision: Charged dismissed.