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

D v Police , 4 December 2007, High Court, Rotorua, Justice Rodney Hansen , CRI 2006-063-4350

Name: D v Police
Unreported
File number: CRI 2006-063-4350
Court: High Court
Location: Rotorua
Date: 4 December 2007
Judge: Justice Rodney Hansen
Charge: attempted murder, injuring with intent to injure, wounding with intent to cause grievous bodily harm
Statute: Criminal Justice Act 1985 s142
Key title: Remand to a penal institution

Case Summary:
Remand on bail in CYF custody for under 16 year old.

D (15 years old) appeared in the High Court charged with 3 serious offences including attempted murder. Trial to be held 3 months hence.

D on bail for the previous 12 months. Various different bail conditions were imposed, including living with first his mother, then his father. D frequently found in breach of his bail conditions, including associating with known gang members, interfering with a motor vehicle, and breaching curfew.

In the light of the bail condition breaches, Justice Hansen, in a judgment dated 27 November 2007, looked first at remanding D to a CYF secure youth facility in Auckland under s142(4A) of the Criminal Justice Act 1985. This course was rejected on advice from D’s counsel and family, who said the travelling time would inconvenience visits and trial preparation. Hansen J remanded D to the youth section at a prison closer to home.

The Court commented:

“It is only with the greatest reluctance that the Court remands someone of D’s age in custody. But having regard to his repeated breaches, his apparent inability to observe bail conditions and his parents’ inability to ensure that he does, I believe that I have no choice. I also take the view that it is likely to be in D’s interests that he be remanded in a secure and supportive environment. He is plainly going through a deeply troubled and unstable period in his life and his parents, with the best will in the world, have been unable to exercise any real control over him. It seems to me that a remand in a secure facility is likely to work to his advantage. It will keep him out of harm’s way and provide him with the stability he desperately needs.”

In this subsequent judgment, Hansen J noted advice from correctional authorities which pointed out that s142(1) does not allow any person aged under 16 years to be remanded to a prison pending hearing or trial. Section 142(4B) CJA allows remand in the custody of the Director General (CYF) in special circumstances.

The Court was also informed that an application for electronic bail was to be made shortly.

Decision:
D was remanded to a secure facility under the auspices of CYF, pursuant to s142(4B) of the Criminal Justice Act 1985.