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Information for victims of youth offending
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Nobody wants to be the victim of a crime. As a victim of youth offending, you may:
- feel angry and hurt
- feel a sense of loss and insecurity
- feel as though your property has been violated
- be in a position where you or someone you love has been a victim of physical and/or violent offending.
As a victim of youth crime you do have rights and you can have your say.
If you are a victim of serious youth crime, Child, Youth and Family will assist you, by way of the family group conference (FGC) process. This is a formal meeting that involves you. Plans are developed to encourage young offenders to take responsibility for what they have done, and to help them develop in a socially acceptable manner.
The Police may already have referred you to Victim Support or Rape Crisis or another support agency.
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How are young offenders dealt with?
The Children, Young Persons, and Their Families Act 1989 is the law that deals with young offenders aged from 10–16 years.
In many cases young offenders are dealt with by the Police through an alternative action (diversion) programme. If this happens, you will be involved, and if you have any questions, you should ask the Police.
If you are the victim of more serious offending, a family group conference is held.
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What is a family group conference?
A family group conference (FGC) is a meeting where you (or your representative) and your family/support people meet with the offender(s) and members of the offender’s family and Police. It is facilitated by a youth justice coordinator and decisions can be made regarding the young person and their offending. Other people, such as a social worker, lawyer or iwi social services representative, may also attend if needed.
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Who arranges the conference?
The youth justice coordinator arranges the conference. As a victim you will be contacted to discuss the date, time and place of the FGC. Where possible, your views will be taken into account in making these arrangements.
The youth justice coordinator will make sure that everyone attending the conference has the information and advice that they need to fully take part in the conference.
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Why should the victim attend the FGC?
Many victims have found that taking part in an FGC assists them though the healing process. The FGC gives you an opportunity to:
- have your say about how the young person should be dealt with
- confront the young offender in a safe environment
- participate in making decisions.
Remember – you do have rights and your views will be influential.
Your contribution at the conference is important in confronting young offenders and their families and/or whanau. You may address the young offenders if you wish and impress upon them the effects of their offending behaviour.
The people most likely to make an impact on the young offender’s behaviour are the victim and members of the offender’s family. You are the best person to express how the offence has affected your life.
It is necessary that young offenders face up to the personal costs of their crime against others and that they are held accountable. It is important that the young offender hears just how much others have been affected financially, physically or emotionally by what has happened.
You also have a role in helping to develop a plan for the young offender, particularly as it relates to your interests.
Your attendance, participation and involvement in the FGC process is appreciated. It does make a difference.
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What happens at the FGC?
Family group conferences usually take about two to four hours, but the conference may take as long as it needs to reach an agreement.
The youth justice coordinator will guide you through the FGC process.
Step 1: Introduction and information
- The youth justice coordinator will introduce everybody and outline the process.
- The Police will read out the Summary of Facts (what the Police say took place).
- The young offender admits or denies the charge. If the charge is denied, the conference will be adjourned and the matter given back to the Police or the Court to decide what to do.
Step 2: Discussion
- If the young person admits the charge, everyone (including you) is encouraged to discuss the offending and the impact of that offending. You are given a chance to speak and say what you believe should be carried out to put matters right.
- The offender’s family usually has a private discussion time to come up with a realistic and achievable course of action. This needs to take into account your interests.
Step 3: Decisions, recommendations and plans
- The offender’s family group reports back to the whole conference on what they think should happen.
- The conference should try to reach agreement on a plan that suits everybody, including you. If you don’t feel confident about the plan or have any concerns, you are allowed to disagree. If agreement can’t be reached, the matter may be referred to the Youth Court and a judge may decide how to settle matters.
- Discussion and dialogue amongst all parties is important in assisting the FGC to reach agreement. This happens in over 90 per cent of conferences.
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Agreeing to the plan
As a victim, you are a very important person at the FGC. You have the right to agree or disagree with the plan.
You need to feel confident that the agreed plan will be adequately carried through. If you don’t feel confident and you are not happy with the plan, express your concerns to the youth justice coordinator.
If agreement is reached, you will receive a written copy of the plan as soon as it is ready. The agreed plan is legally binding and can only be changed in certain circumstances.
Please ask the youth justice coordinator or the Police for as much information or support as you need.
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What about reparation – getting back what has been taken?
Your interests will be considered. However, full compensation is not possible in every case. Recognition will be given of the loss you have suffered, and the plan will deal with this in some way.
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Support for the victim at the conference
If you would like to have support at the conference, you are entitled to bring any reasonable number of support people with you. They will usually be family or friends, although victim support groups are available for this purpose.
If you do bring people to support you, it is important that they know that only you can agree/disagree with the plan suggested at the FGC.
Child, Youth and Family may reimburse you for any reasonable costs incurred attending the FGC.
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What if the victim can’t come to the FGC?
If you are unable or unwilling to attend, the youth justice coordinator will talk to you about the option of sending a representative in your place. Your representative will have the same rights as you at the conference.
If you are not able to make it to the conference and you do not send a representative, you are able to make your views verbally or in writing to the youth justice coordinator who will make sure these views are presented in the conference.
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