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

Police v T (23 November 2005) YC, Hamilton, CRI 2005-219-000046, McAloon DCJ

Name: Police v T
Unreported:
File number: CRI 2005-219-000046
Court: Youth Court
Location: Hamilton
Date: 23 November 2005
Judge: McAloon DCJ
Charge:
CYPFA: s238(1)(d)
Key title: Custody – Chief Executive; Custody - CYFS

Case Summary: T remanded in custody under section 238(1)(d) and handed over to community provider; no placement available, T placed with his father. T absconded and was found some distance away in circumstances that suggested more offending was likely. The issue arose as to whether the charge of escaping may be brought in circumstances where a young person, subject to section 238(1)(d), is placed with a parent; meaning of “detained” in section 238(1)(d) CYPFA.

Judge McAloon refused to accept the submission that the aspects of detention and custody in s238(1)(d) could be separated. The words: “… the Court may order that the child or young person be detained in the custody of the Chief Executive” are to be read together, not split. The Judge further considered that the use of the word “detained” is intentional and has elements of restriction of movement and deprivation of liberty and being confined.

Although there is no authority for either the view that the words should be read together or that they should be split, the Judge compared the wording of section 238(1)(d) and section 238(1)(c) and interpreted the difference in the wording as being a reference to two separate concepts – despite the definition of custody in the Act; s362 CYPFA; s385 CYPFA.

Decision: A charge of escaping may be brought in circumstances where a young person, who is subject to section 238(1)(d) CYPFA, is placed with a parent although, of course, the fact of escaping must still be proven.