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Police v S (14 January 2004) YC, Kaikohe, CRN 3227006416, Thorburn DCJ

Name: Police v S
Unreported
File Number: CRN 3227006416
Date: 14 January 2004
Court: Youth Court
Location: Kaikohe
Judge: Thorburn DCJ
Charge: Burglary
CYPFA:
Key Title: Databank Compulsion Order; Youth Court Procedure

Summary: Young person (16) charged with burglary of High School tuckshop; at a FGC agreement was reached that the charge would be withdrawn and replaced with unlawful entry with intent to commit crime; offence was admitted at a conference and a plan approved which included reparation and an apology; when matter called in Youth Court the Judge recorded that Youth Court jurisdiction was elected and offence not denied.

Police made an application for a Databank Compulsion Order on basis that the Court had no jurisdiction to make the order because the young person was not convicted of an offence; Judge considers scheme under Criminal Investigations (Blood Samples) Act 1995 which defines "conviction" as including "a finding by a Youth Court Judge that a charge against a young person is proved"; Court considers whether the record shows that there was a finding by a Youth Court Judge that the charge against the young person has been proven; if so, s40 of the Criminal Investigations Act requires that a compulsion order should follow; discussion of what constitutes a "finding" in the Youth Court; held that there was no record that the Youth Court made a finding that the charge was proved; the record "admitted at conference" did not address the necessary element of a finding of proof and because of the need for District Court records to be complete and accurate in respect to such matters the application must fail.

Decision: Application declined; held that record keeping is necessary in Youth Court, and must be clear and unambiguous