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

Police v BT (27 April 2004) YC, Manukau, CRI 2004-255-13 & ors, Harvey DCJ

Name: Police v BT
Unreported
File Number: CRI2004-255-13; 2004-255-37; 2004-255-38; 2004-255-47
Date: 27 April 2004
Court: Youth Court
Location: Manukau
Judge: Harvey DCJ
Charge:
CYPFA: s238(1)(d); s238(1)(e)
Key Title: Custody - CYFS; Custody - Police; Police cell custody

Summary: Application to place a young person in the custody of the Police for a potentially indefinite period where CYFS claimed it did not have "suitable facilities for the detention and safe custody of the young person"; young person had extreme, challenging behaviour; young person was 16 but had already served a prison sentence and been the subject of a s101 custody order; CYFS argued that B was an exceptional case, "safety" should be broadly viewed, CYFS could not provide "safe" facilities; and that B should be placed in Police custody; Judge considered the nature of the order available under s238(1)(e) and preconditions to making it examined; Judge considered that nothing had changed from previous order except that staff refused to accept the young man; Judge declined to make the order, instead ordering that the young person be remanded in CYFS's custody under s238(1)(d).

Decision: Order made for young person to be remanded in CYFS's custody under s238(1)(d).