Use of a document — assault — driving offences — Criminal Procedure (Mentally Impaired Persons) Act 2003, s 9 — Children, Young Persons, and Their Families Act 1989, s 245. Following a s 9 hearing, it was found that the evidence established the young person's involvement in the offending on the balance of probabilities. This is a requirement under the CP(MIP) Act before the Court may make a finding as to whether a defendant is unfit to stand trial. At issue was whether the charge was a nullity and whether the evidence was sufficient to meet the threshold. A jurisdictional matter regarding s 245 was also resolved; the young person had been arrested for aggravated robbery but was charged with use of a document, the Judge noting that on a straight reading of s 245 (1) a young person should be charged with the offence for which they were arrested. With reference to "K v Police" and the factual matrix of this case, it was determined the charge was validly laid because of the linkage between the incident which resulted in arrest and the charge, despite there being no youth justice co-ordinator consulted or family group conference held regarding a use of a document charge. Judgment Date: 30 September 2016. * * * Note: Names have been changed to comply with legal requirements * * *