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New Zealand Police v KL [2017] NZYC 859

Published 15 February 2019

Fitness to enter plea — young person in custody — Oranga Tamariki Act 1989, ss 178 — 185, 238 & 333 — Criminal Procedure (Mentally Impaired Persons) Act. The young person had been remanded in custody under s 238(1)(d) of the Oranga Tamariki Act and the court wished to enquire into his fitness to stand trial and enter a plea. At issue was whether a report under s 333, to determine whether the young person was unfit to stand trial within the meaning of s 4 of the Criminal Procedure (Mentally Impaired Persons) Act 2003, was mandatory. The court found that by use of the word "may" in the section such a report appeared to be discretionary. Commenting that it would be more advantageous to the young person that a report be directed under s 38 of the Act, the court ordered that a s 38(2)(b) report to determine whether the young person was fit to enter pleas and to stand trial be obtained in accordance with s 32(2)(b) of the Act . The young person was remanded in custody. Judgment Date: 14 November 2017. * * * Note: Names have been changed to comply with legal requirements * * *

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