Division 20–Transitional provisions for Criminal Law (Raising the Age of Responsibility) Amendment Act 2021

407 Application of division

(1) This division applies to a person who, before the commencement, committed an offence when the person was under the age of 14 years.

(2) This division applies despite any law to the contrary.

(3) Without limiting subsection (2), to the extent of any inconsistency between this division and any of the following Acts, this division prevails—

(a) this Act, other than this division;

(b) the Criminal Law (Rehabilitation of Offenders) Act 1986;

(c) the Police Powers and Responsibilities Act 2000.

(4) To remove any doubt, it is declared that this division applies to the person regardless of whether the person is still a child when this division commences.

408 Ending proceedings and punishment

(1) A police officer may not—

(a) take any alternative action against the person for the offence; or

(b) start a proceeding against the person for the offence.

(2) On the commencement—

(a) any alternative action taken by a police officer against the person for the offence, that is still in effect, ends; and

(b) if the person is under arrest by a police officer for the offence, the arrest ends; and

(c) a notice to appear or a summons for the offence ceases to have effect; and

(d) a warrant for the arrest of the person on a charge for the offence ceases to have effect; and

(e) if the person is on bail for the offence, the bail ends; and

(f) a proceeding before a court in which the person is charged with the offence ends; and

(g) all consequences for the offence under this Act cease to be enforceable against the person or any other person, including, for example—

(i) a sentence order; and

(ii) a community based order.

(3) In this section—

"alternative action" means action mentioned in section 11(1)(b) to (e).

409 Release from watch-house

(1) This section applies if, on the commencement, the person is being held in custody in a watch-house in relation to the offence.

(2) The watch-house manager must arrange for the person to be released from custody as soon as reasonably practicable to do so but no later than the sooner of the following—

(a) the time the person would have been released from custody if this section had not commenced;

(b) 3 days after the commencement.

(3) In deciding when it is reasonably practicable to release the person from custody, the watch-house manager must have regard to the welfare of the person, including whether the person will have access to the following things from the day the person is released—

(a) appropriate accommodation;

(b) support from a consistent parent or guardian;

(c) any health or other services the person required while in custody.

(4) Subsection (3) does not prevent the watch-house manager releasing the person from custody merely because the person will not have access to a thing mentioned in that subsection.

(5) In making arrangements for the release of the person from custody, the watch-house manager—

(a) may consult with the chief executive or the chief executive (child safety); and

(b) must, in consultation with the chief executive and the chief executive (child safety), make all reasonable efforts to ensure the person has access to the things mentioned in subsection (3)(a) to (c); and

(c) may, for the consultation mentioned in paragraph (a) or (b), share any confidential information about the person with the chief executive or the chief executive (child safety).

(6) While the person is waiting to be released from a watch-house, the person continues to be subject to the rules governing the watch-house.

(7) This section does not apply if, on the commencement, the person is also being held in custody in a watch-house in relation to an offence committed when the person was 14 years or older.

(8) In this section—

"confidential information" means confidential information to which part 9 applies.

"watch-house manager" see the Police Powers and Responsibilities Act 2000, schedule 6.

410 Ending detention

(1) This section applies if, on the commencement, the person is—

(a) serving a period of detention in a detention centre in relation to the offence; or

(b) otherwise being held in custody in a detention centre in relation to the offence.

(2) The chief executive must arrange for the person to be released from detention or custody as soon as reasonably practicable to do so but no later than the sooner of the following days—

(a) the day the person would have been released from detention or custody if this section had not commenced;

(b) the day that is 1 month after the commencement.

(3) In deciding when it is reasonably practicable to release the person from detention or custody, the chief executive must have regard to the welfare of the person, including whether the person will have access to the following things from the day the person is released—

(a) appropriate accommodation;

(b) support from a consistent parent or guardian;

(c) any health or other services the person required while in detention or custody.

(4) Subsection (3) does not prevent the chief executive releasing the person from detention or custody merely because the person will not have access to a thing mentioned in that subsection.

(5) In making arrangements for the release of the person from detention or custody, the chief executive—

(a) may consult with the chief executive (child safety); and

(b) must, in consultation with the chief executive (child safety), make all reasonable efforts to ensure the person has access to the things mentioned in subsection (3)(a) to (c); and

(c) may, for the consultation mentioned in paragraph (a) or (b), share any confidential information about the person with the chief executive (child safety).

(6) While the person is waiting to be released from a detention centre, the person continues to be subject to the rules governing the detention centre.

(7) This section does not apply if, on the commencement, the person is also serving a period of detention in a detention centre, or otherwise being held in custody in a detention centre, in relation to an offence committed when the person was 14 years or older.

(8) In this section—

"confidential information" means confidential information to which part 9 applies.

411 Destruction of things collected by forensic procedures

(1) This section applies if, before the commencement, any of the following things happened in relation to the offence—

(a) identifying particulars of the person were taken or photographed under the Police Powers and Responsibilities Act 2000, chapter 17, part 4;

(b) a DNA sample was taken from the person under the Police Powers and Responsibilities Act 2000, chapter 17, part 5;

(c) another forensic procedure was performed on the person under the Police Powers and Responsibilities Act 2000, chapter 17.

(2) The commissioner of the police service must, within a reasonable time after the commencement, ensure that each of the following things is destroyed in the presence of a justice—

(a) the identifying particulars;

(b) the DNA sample;

(c) the results of any DNA analysis of the DNA sample;

(d) the results of any analysis of the forensic procedure;

(e) the record of any information collected from the forensic procedure.

(3) Also, subsection (4) applies if a police officer caused any information collected from the identifying particulars, DNA sample or forensic procedure to be entered into a database or record.

(4) The commissioner of the police service must, within a reasonable time after the commencement, ensure the information is removed from the database or record.

(5) In this section—

"DNA sample" see the Police Powers and Responsibilities Act 2000, schedule 6.

"forensic procedure" see the Police Powers and Responsibilities Act 2000, schedule 6.

"identifying particulars", of a person, see the Police Powers and Responsibilities Act 2000, schedule 6.

412 Records of convictions and related actions

(1) This section applies if, before the commencement, the person was convicted of the offence.

(2) On the commencement, the conviction is expunged.

(3) The person need not, and any other person must not, disclose that the person was convicted of the offence.

(4) A record of any of the following matters must not be disclosed in any court proceeding to which the person is subject—

(a) action taken by a police officer against the person for the offence, including, for example, administering a caution or arresting the person;

(b) a failure of the person to comply with a direction made, in relation to the offence, by a police officer or other person under this Act or another Act;

(c) action taken by a court against the person for the offence, including, for example, granting bail or convicting the person;

(d) a failure of the person to comply with an order made by a court in relation to the offence.

(5) A record of a matter mentioned in subsection (4) must be amended to omit the matter.

(6) In this section—

"convicted", of an offence, means found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction was recorded.