175 Remand of defendants aged 17 to 20 years

(1)

This section applies to a person who is remanded pending hearing or sentence and who appears to the court to be of or over the age of 17 years but under the age of 20 years.

(1A)

Despite section 15 of the Bail Act 2000, if the person is aged 17 years and is charged with, or convicted of, any offence in the District Court or the High Court, the court may remand that person in custody, and if the court does so,—

(a)

the person must be remanded in the custody of the chief executive of the department responsible for the administration of the Oranga Tamariki Act 1989, unless that chief executive and the chief executive of the Department of Corrections agree on the matter in subsection (1B):

(b)

if the 2 chief executives agree on the matter in subsection (1B), the person may instead be remanded in custody in a youth unit of a prison.

(1B)

The matter that must be agreed by the 2 chief executives is that detention in a youth unit of a prison is necessary to ensure the safety of a young person (as defined in section 2(1)) who is in the custody of the chief executive.

(2)

Despite section 15 of the Bail Act 2000, if the person appears to the court to be aged 18 or 19 years, the court may—

(a)

remand the defendant in the custody of the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989 if—

(i)

in the court’s opinion it is desirable to do so by reason of special circumstances; and

(ii)

the court is satisfied that the chief executive of that department is able and willing to keep the person in custody in accordance with this section; or

(b)

direct that the defendant be detained in a prison if, in the court’s opinion, no other course is desirable having regard to all of the circumstances.

(3)

If a person is remanded in the custody of the chief executive, that person may, until he or she is brought up for hearing or sentence, be placed in any residence under the Oranga Tamariki Act 1989, or under the care of any suitable person pursuant to that Act.

(4)

This section is subject to the Oranga Tamariki Act 1989.

Compare: 1985 No 120 s 142(4)–(5)

Section 175(1A): inserted, on 1 July 2019, by section 143(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 175(1B): inserted, on 1 July 2019, by section 143(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 175(2): amended, on 1 July 2019, by section 143(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 175(2)(a): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 175(3): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 175(4): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).