Application for severance — jury trial — sexual offending — Criminal Procedure Act 2011, s 138(4) — Oranga Tamariki Act 1989, ss 5, 208, 277 & 283 — New Zealand Bill of Rights Act 1990, s 25(i) — United Nations Convention on the Rights of the Child, art 40 — Police v CP and Ors YC Pukekohe CRN 10257000040, 17 September 2010 — Police v H [2004] DCR 97. This was an application for severance by two young persons pursuant to s 138(4) of the Criminal Procedure Act. The two young persons, along with another young person, had been charged with sexual offending against the same complainant. The third young person, charged with the most serious charge of raping the complainant, had elected trial by jury and was transferred to the District Court. Under s 138 a court must hear the joint charges against several people together unless it is in the interest of justice to grant a severance. Oranga Tamariki Act, s 277 also stipulates that joint charges against multiple young persons should be heard together and in the same court unless it was in the interest of justice for the Youth Court to order otherwise. The Court noted that having two separate trials would likely result in more work and witnesses having to give evidence twice. On the other hand, a court also had to give consideration to time frames: in the District Court the matter would likely only get to a hearing stage by the end of 2021, whereas in the Youth Court this would occur within the first quarter. The Court noted too that one of the young persons may require a communication assistant which could be managed more effectively in the Youth Court jurisdiction. Overall the Court found that keeping the two young persons in the Youth Court was in the interests of justice. The severance application was granted. Judgment Date: 23 December 2020. * * * Note: names have been changed to comply with legal requirements. * * *