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

Police v HSP & Others , 25 February 2008, Youth Court, Tauranga, Judge Harding, CRI-2008-270-73

Name: Police v HSP & Others
Unreported
File number: CRI-2007-070-8030
Court: Youth Court
Location: Tauranga
Date: 25 February 2008
Judge: Judge Harding
Charge: murder
CYPFA: s5
Key title: Delay
Key title: Depositions

Case Summary:
Application to adjourn preliminary hearing. HSP a young person, so matter called in Youth Court. Preliminary hearing scheduled, in line with practice note of 1 March 1998, which recommends depositions to be held no more than 12 weeks after the defendant is first charged, as well as s5(f) CYPFA.

Police first sought an adjournment by letter to the Court, which was also copied to all other counsel (each defendant was separately represented). Court described this letter as an informal and ex parte application. The application was declined due to it not being made in the presence of all counsel, and relying on matters that were known to police when depositions first scheduled.

Police applied again by letter, again informally, and again ex parte. This application was also declined. The Court commented “[such] informal ex parte applications are not appropriate”.

Police applied a third time, this time formally, together with a memorandum signed by all counsel, and a supporting affidavit.

Decision:
Application granted.