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The Youth Court deals with cases of young people charged with criminal offences.
- It may order a young person to be held in a safe place.
- After a family group conference (FGC) has been held, it may issue orders to ensure a plan of action for the young person is carried out.
- If an FGC is unable to reach agreement, or its decisions are not satisfactory, a Youth Court judge will be asked to make a decision.
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How does the Youth Court differ from the Adult Court?
- It takes the age of the child or young person into account.
- It tries to keep the child or young person in the community as far as possible
- Its judges are chosen for their understanding and experience of young offenders.
- It has lawyers called Youth Advocates who are appointed to represent young persons.
- Hearings are private, and identifying details cannot be reported in the media.
- Parents and family are able to attend with their young person.
- The FGC process also takes place and involves families and victims formally in the decision-making about young people.
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Getting advice about what to do in Court
A child or young person going to Court needs the help and advice of a lawyer.
A Youth Advocate is a lawyer appointed by the Youth Court to advise young people and to speak for them in court. The lawyer is free.
A private lawyer may be used instead of the Youth Advocate, but the lawyer’s fees will have to be paid by the young person and their family unless this lawyer is also approved by the Court as a Youth Advocate.
The Youth Advocate will discuss the charges with the young person and advise if there is a defence. They will explain what happens at Court and make sure the young person and their family know what to do.
A Lay Advocate is someone who must be approved of by a Youth Court Judge. They may be a kaumatua, matai, church elder, or someone with standing or respect in your community. This person can tell the Court about cultural matters relevant to the case.
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What happens in the Youth Court?
You will be given an appointment and you must turn up on time.
You should stay at Court until your case is called. If you must leave for any reason, the Youth Advocate should be told.
When your case is called, you and your family go into the courtroom. You will be told where to stand. Your family will then be introduced to the Judge.
The Youth Court process
The process in the Youth Court is as follows:
1. First, the Youth Court judge (or court clerk) reads the charges (what the police say has happened).
2. If the young person admits the charge, the matter is referred to a youth justice coordinator for an FGC (and any custody issues are examined if required).
3. If the young person denies the charge, a hearing date will be set (and any custody issues are examined if required).
4. A court hearing is held and if the young person is found not guilty they are free to go.
5. If the young person is found guilty, an FGC (outside the Court) is held and recommendations are made and plans prepared.
6. Another Youth Court hearing is held and any court orders are made.
7. The FGC plan is implemented and monitored with effective report back to the Court for certain orders.
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Orders and Penalties the Youth Court can impose
- Transfer case to District Court for sentence.
- Supervision with Residence (live in a Child, Youth and Family residence for three months)
- Supervision with Activity (under supervision and have to go to evening or weekend activities set by the supervisor)
- Supervision (direction may be given as to where the young person lives)
- Community work
- Disqualification from driving
- Reparation (payment to victim in total or in part for loss or damage to property)
- Fines
- Come back to Court if called on
- Admonishment (a telling off from the Judge)
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