Prosecution Flashcards
Seek advice from District Youth Prosecutor
Seek advice from your District Youth Prosecutor to ensure compliance with
the Oranga Tamariki Act 1989, particularly in relation to questioning
children and young persons.
General Rule
As a general rule, all child offenders will be referred to the Care and
Protection Co-ordinator until they reach the age of 14 years
Children under 10 years
When offences are being committed by children aged under 10 years and
some action is desirable or necessary, consider having the child and family
dealt with as a Care and Protection matter. Where this action is taken, the
circumstances are reported to Oranga Tamariki for the attention of the Care
and Protection Co-ordinator.
Children aged 10-13 years old charged with murder or manslaughter
Where a child aged 10 to 13-years old is alleged to have committed murder
or manslaughter (category 4 offences) they are usually dealt with under the
youth justice provisions of the Oranga Tamariki Act 1989. Charges are filed
in the District Court, the first appearance takes place before the Youth Court
and the case then automatically transfers to the High Court for trial and
sentencing.
Children can be sentenced to imprisonment for murder or manslaughter and
be detained in a Child, Youth and Family Youth Justice Residence under the
custody of the Chief Executive of the Ministry of Social Development. Child
offenders who are declared in need of care and protection can be detained in
a Care and Protection Residence under the custody of the Chief Executive of
the Ministry of Social Development.
Young Persons 14-16 years charged with murder or manslaughter
Where a young person is alleged to have committed murder or manslaughter,
they are usually dealt with under the youth justice provisions of the Oranga
Tamariki Act 1989. As with children aged 10-13 years the charges are filed
in the District Court, the first appearance takes place before the Youth Court
and the case then automatically transfers to the High Court for trial and
sentencing.
Young persons can be imprisoned for murder, manslaughter, category 4
offences and category 3 offences for which the maximum penalty available
is or includes imprisonment for life or for at least 14 years. They can also be
detained in a Child, Youth and Family Youth Justice’ residence under the
custody of the Chief Executive of the Ministry of Social Development.
Option to prosecute for certain serious offences
However, note that under s272(1) of the orange Tamariki Act 1989, there is
the option of prosecuting children aged 12 and 13 years for certain serious
offences. These are in circumstances where the offence is punishable by 14
years to life imprisonment (other than murder or manslaughter) or where the
child is 12 or 13 years, is a previous offender (for a serious offence) and the
offence is punishable by 10 years to 14 years imprisonment.
Summary
- In certain circumstances people who appear to have committed an
offence are not able to be held civilly or criminally liable. In these cases,
a person may offer justification or excuse as their defence. - Justified means that the person is not guilty of an offence and is not
liable civilly. - “Protected from criminal responsibility” means the person is not guilty of
an offence but civil liability may still arise. - A child aged under 10 years has an absolute defence to any charge
brought against them. Nevertheless, even though the child cannot be
convicted, you still have to establish whether or not they are guilty - Regarding proof of age, the prosecution is required to produce evidence
of age (for example, a birth certificate) and provide evidence that
identifies the defendant as the person named in the certificate. The
relevant age is that of the child at the time they committed the offence,
not their age when they appear in court. - 10 to 13-year-olds charged with murder or manslaughter are usually dealt
with under the youth justice provisions of the Oranga Tamariki Act 1989
However, charges of murder and manslaughter will be heard in the High
Court following the first appearance in the Court in which the charging
document was filed. - Young persons over 14 years of age are usually dealt with under the
youth justice provisions of the Oranga Tamariki Act 1989. However,
charges of murder and manslaughter will be heard in the High Court
following the first appearance in the Court in which the charging
document was filed.
