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

Police v W (18 July 2002) YC, Auckland, CRN 2288014133, Thorburn DCJ

Name: Police v W
Unreported
File number: CRN 2288014133
Date: 18 July 2002
Court: Youth Court
Location: Auckland
Judge: Thorburn DCJ
CYPFA: s235, s238, s239
Charge: Aggravated Robbery; Wounding with Intent to cause Grievous Bodily Harm; Unlawful Detainment
Key Title: Custody - Police; Custody - Chief Executive

Summary: AR charged with aggravated robbery, wounding with intent to cause grievous bodily harm and unlawful detainment; remanded in Police custody for 10 days; s235, s236 CYPFA; M detained pursuant to decision by social worker and senior Police officer (s236(1)); s239(2) applies to s238(1)(e) detainment; here relevant portion is s239(2)(b) "suitable facilities for detainment and safe custody of child or young person not available to Chief Executive"); Court has been advised daily that no suitable facilities exist. No issue raised about the appropriateness of a custody order. Held: if Court orders s238(1)(d) detention, Chief Executive must comply; detainment contravenes the spirit of the legislation and obligations of Chief Executive. Detainment in Police custody should be no more than 24 hours; s236 shows it is a serious step warranting a report to the highest level of executive scrutiny to keep a young person beyond 24 hours in Police custody. Here, even if reasonable grounds for being satisfied that the young person needed to be detained in Police custody and grounds to continue under s238(1)(e), under s239(2) 10 days is too long. Cannot let assumption that detention in Police custody can continue until a placement is available "creep" into administration of the Act.

Decision: Appropriate custodial remand is and was under s238(1)(d), M to be detained in custody of Chief Executive.