The Youth Court: The CP(MIP) Act and Best Practice Procedures in Fitness Proceedings

Author(s): compilation of papers


Materials comprised of a paper and a PowerPoint handout


Lynne Mathieson , Police Prosecution Service
Gary Earley, Barrister
Dr Karmyn Billing, Clinical Psychologist, Lead Clinician, Regional Youth Forensic Service
Rebecca Keenan, Barrister
Chair: His Honour Judge Fitzgerald


A recent Youth Justice inter-agency initiative in Manukau focused on the development of best practice processes to be followed in fitness proceedings in the Youth Court.

The highly successful initiative has resulted in a one page, tick-box checklist and plain English explanatory notes both of which facilitate proceedings for practitioners.

These materials will highlight how these documents may be used by lawyers practising in this area of law and what other best practice procedures can be adopted to ensure the most positive outcome for all parties involved.

It will be highly relevant to those involved in Youth Justice outside of Manukau as well practitioners practising in other jurisdictions.

These materials will help you

  • Learn more about s 9 Involvement Hearings and their purpose including the Police’s role, what elements of the charge need to be proved and whether the prosecution can rely on written witness statements as well as the ethical and tactical difficulties of conducting a s 9 hearing.
  • Gain insights into the role of the lawyer and the psychiatrist and/or psychologist in s 14 hearings and such vital matters as the determinations the court can make, the meaning of key terms such as “mentally impaired” and “unfit to stand trial’, and whether or not to challenge a s 38 report.
  • Understand better the disposition options available in terms of the Criminal Procedure (Mentally Impaired Persons) Act 2011 and the Intellectual Disability (Compulsory Care and Rehabilitation0 Act 2003, and the considerations that need to be taken into account when deciding which options to take including the impact of orders made.

Intended audience

All those practising in the Youth Court jurisdiction or wishing to do so in the future. The seminar’s focus is on the Youth Court but those practising in other jurisdictions will find much of the content relevant to other areas of practice. A number of government organisations which are involved in Youth Justice will also benefit from attending.

Publication dateNovember 2018
FormatPDF and/or hard copy
CPD Seminar Papers ISBN: C0548/P
ADLS Members $ 21.74
Non-Members (lawyer) $ 30.43
Non-Members (public) $ 30.43
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