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New Zealand Police v MW [2020] NZYC 354

Published 14 April 2021

Fitness to stand trial — burglary — psychological report — Mental Health (Compulsory Assessment and Treatment) Act 1992 — Criminal Procedure (Mentally Impaired Persons) Act 2003, s 8A — Oranga Tamariki Act 1989, s 238(1)(d). The young person faced four charges: three of burglary and one of escaping custody. Two psychological reports were prepared to determine whether the young person was fit to stand trial. The reports talked about the young person's mental health issues as well as cognitive functioning. There was a possibility that the young person suffered from ADHD, schizophrenia and possibly an intellectual disability. Despite the second report finding that the young person's understanding of court processes had improved somewhat, the combination of factors meant he would likely be unable to participate meaningfully in the trial process. The Judge determined and recorded that the young person was unfit to stand trial pursuant to s 8A. The next step under s 8A was for the court to determine the young person's involvement in the offending. A disposition hearing was allocated for this. Judgment Date: 18 May 2020. * * * Note: names have been changed to comply with legal requirements. * * *

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