Published 21 July 2017
Reserved decision — whether there was unnecessary delay — undue delay — application to dismiss charges — Attorney-General v Youth Court at Manukau [2017] DCR 243 NZFLR 103 (HC) — T v Youth Court at Rotorua. An application was made for the court to use it's discretion to dismiss the charges against the young person because of unnecessary delays or on the grounds that the proceedings were unduly protracted. Proceedings were delayed because the charges faced by the young person involved interviewing eight witnesses, and acquiring CCTV footage of the events from two sources. The court found that the delay was not caused by default or neglect, and that gaps in the investigation could be explained as waiting for for responses to requests for footage of the event, and for statements. The court found that it was reasonable for the police to await footage that it had requested, despite it being possible for the prosecution to continue without it having been received; and that the delay caused by waiting for the footage was not unreasonable. The court further noted that had the delay been found to be unreasonable, that the discretion to dismiss the proceedings would not have been exercised having considered the seriousness of the offending and the public interest in holding the young person accountable. Judgment Date: 27 April 2017. * * * Note: Names have been changed to comply with legal requirements * * *
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