Dismissal of charges due to delay — Children, Young Persons and Their Families Act 1989, s 322 — Attorney-General v Youth Court at Manukau (CIV 2006-404-2202, High Court Auckland) — United Nations Convention on the Rights of the Child, art 40(2). A charge of aggravated robbery against a young person was dismissed due to unnecessary delay between the time of the alleged offence and the hearing (CYPF Act, s 322). In "Attorney-General v Youth Court", Winkelmann J commented that "unnecessary delay means no more than delay that could have reasonably been avoided. It will usually mean delay caused by default or neglect. The delay must be more than trivial". The Judge held that a lack of progress in prosecution over a nine month period was unnecessary and undue, particularly because there was nothing unusual or complex about the investigation. The Judge expressed concern that the young person was now over 17 which meant that if the young person was found guilty at trial it was likely he would be transferred to the District Court for sentencing. Judgment Date: 3 March 2017. * * * Note: Names have been changed to comply with legal requirements * * *