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Youth justice is a particular area of the lawset out in the Children, Young Persons, and Their Families Act 1989 which deals with offending by children aged 10 to 13 years (inclusive), and young persons aged 14 to 16 years (inclusive).
Children and young persons who break the law are treated differently from adults who offend.
The law makes sure they are held accountableand encouraged to accept responsibility for their offending, but it also aims to help young offenders learn from their mistakes.
A variety of agencies work in the youth justice sector. Police have a Youth Aid division, which is specifically dedicated to youth offending. There is a special Youth Court. Child, Youth and Family is also part of the youth justice sector. Child, Youth and Family’s role includes convening and holding family group conferences and managing young persons who
are subject to Youth Court orders and/or family group conference decisions.
A young person aged 17 years or older who commits offences is dealt with as an adult.
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Why keep children and young people out of the adult justice system?
The youth justice system is a process designed to deal with child and youth offending. It is based on a restorative approach to offending – an approach that includes active participation by victims, the offender, family/whanau, Police and other key parties.
Evidence shows that once a person has a criminal record they tend to carry on breaking the law for some time and their offences may get more serious. The aim is to avoid young people ever getting a record by dealing with them effectively through the youth justice system.
The youth justice system emphasises diversion from courts and custody, while holding young people accountable. It develops responses aimed at the rehabilitative and reintegrative needs of young people, while also taking into account the needs of victims.
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What does Police Youth Aid do?
Police Youth Aid is a section of the Police dedicated to dealing with youth offending.
Police Youth Aid works closely with young people, their families, victims and the community to develop responses to youth offending that are aimed at preventing the young person from reoffending. Children and young people referred to Police Youth Aid can be given a warning, diversion, or be referred to a youth justice coordinator for a family group conference. Diversion may involve the child or young person paying reparation to the victim, writing a letter of apology, undertaking community work, and/or participating in a relevant programme.
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How does the Youth Court work?
The Youth Court hears all cases to do with young people (14-16).
Cases involving children (10-13) who have offended seriously, and cannot be dealt with by alternative action, are heard in the Family Court.
There are a range of options available to the Youth Court when dealing with young people. The Youth Court does not sentence young people, rather it imposes orders.
The Youth Court can direct Child, Youth and Family to hold a family group conference. The Court then monitors compliance with the decisions of the family group conference. If these outcomes are not being met the Court can make further orders if necessary.
The orders that the Youth Court can make include fining a young person or ordering them to make restitution or reparation. The Court may also order a young person to community work, supervision with activity, supervision with residence or to transfer them to the District Court to be sentenced.
The Youth Court can transfer very serious cases to the District Court for prosecution or sentencing, or in rare cases, the High Court. Murder and manslaughter are automatically transferred from the Youth Court to the High Court.
The public are not permitted to attend hearings in the Youth Court and media must seek permission from the judge before reporting on any of the proceedings.
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What does Child, Youth and Family do?
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Child, Youth and Family’s involvement in the youth justice system includes convening and holding family group conferences, preparing and monitoring plans and Youth Court orders, providing residential facilities and supporting community based services and programmes aimed at reducing reoffending.
What is a family group conference?
A family group conference is a formal meeting for members of the family group/whanau/hapu/iwi, the young person, the victim, Police Youth Aid and other parties to decide how the young person can be held accountable and encouraged to take responsibility for their behaviour.
At the family group conference the issues are discussed and an agreement is reached on recommendations for a plan of action. The plan must ensure that the young person is held accountable and accepts responsibility for their behaviour, that the interests of the victim are taken into account and the matter put right as much as possible. The plan must also ensure its outcomes seek to reduce the young person’s likelihood of reoffending.
What is a Supervision with Residence Order?
Supervision with Residence is the highest order that the Youth Court can make. It requires the young person to be placed under the supervision of the Chief Executive of Child, Youth and Family. The young person will then be placed in a youth justice residence.
The order is for three months but a young person may be released after two months depending on their behaviour while in the residence. This is then followed by six months supervision by a social worker.
Do any young people go to prison?
The majority of young people who offend do so once and in a minor way. These young people are dealt with effectively by Police Youth Aid without ever needing to go to the Youth Court.
For a very small number of young people their offending is more severe and these young people appear before the Youth Court.
The Youth Court can transfer very serious cases to the District Court for prosecution or sentencing, or in rare cases, the High Court. Murder and manslaughter are automatically transferred from the Youth Court to the High Court.
Young people convicted by the District or High Court and sentenced to imprisonment will serve their sentences in a Department of Corrections facility.
There are some children and young people who are serving a sentence of imprisonment that may be placed in the care of Child, Youth and Family at the Criminal Justice Unit at Youth Justice North in Auckland. Admission to the Criminal Justice Unit is based on age and vulnerability. The Criminal Justice Unit has six places.
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