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

Police v W (9 July 2002) YC, Manukau, CRN 228801352-7, Thorburn DCJ

Name: Police v W
Unreported
File number: CRN 228801352-7
Date: 9 July 2002
Court: Youth Court
Location: Manukau
Judge: Thorburn DCJ
CYPFA:
Charge: Aggravated Burglary; Detaining; Unlawfully taking a motor vehicle; Aggravated Robbery
Key Title: Custody - Police; Bail

Summary: Application for Bail. Two young people burst into house; held down, threatened, assaulted, bound and gagged and robbed occupant. Seriousness of the offending would infer any issues of bail are likely to be very frail; however, the person is a juvenile and therefore has the statutory benefits of the Bail Act 2000 and Criminal Justice Act 1985; co-offender given bail without opposition by Police who opposed bail for W. Bail declined due to seriousness of offending. Held in police custody under s238(1)(e) CYPFA as no space in remand centre; s239 discussed; s239(2)(a) "or be violent" of concern; s239(2)(b) not to be used as a convenience to cover inadequate facilities when statute clear on Chief Executive’s duty to provide facilities for young people pending hearing. Direction to Chief Executive that something must be done about the safe custody of young people as envisaged by the Act. Section 239(2) a "distant alternative" to the primary obligation of Chief Executive.

Decision: Bail declined. Remand under s238(1)(d).