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What is youth justice?
Youth justice is a special section of the law which deals with offending by children aged 10–13 years, and young people aged 14–16 years.
Children and young people who break the law are treated differently from adults who offend. The law makes sure they are held accountable and are encouraged to accept responsibility for their offending, but it also aims to help young offenders learn from their mistakes and develop in a socially acceptable way.
The youth justice system aims to resolve offending without young offenders receiving a criminal conviction, as they would under the criminal justice system. Experience shows that, once a young person has a criminal record, they tend to carry on breaking the law and their offences may get more serious. The aim is to avoid that.
Around 90 per cent of young offenders are now kept out of the Courts. Minor offences are dealt with by a Police warning or by action such as apology or reparation (a payment to their victim in total or part for loss of or damage to their property).
When cases are more serious, and for all cases going through the Courts, a family group conference is called. The young offender, their families, the Police Youth Aid and Youth Advocate, and the victim meet to determine how the young person will be held accountable for their offending.
Link to the youth justice coordinators page
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The rights of victims
The role of victims in the youth justice process is an important one and the law makes sure that people who have been harmed and affected by youth offending have a voice.
Victims do have rights and their views will be influential. The people most likely to make an impact on the young offender’s behaviour are the victim and members of the offender’s family. Victims are the best people to express how the offence has affected their life. You can read more information about the rights of victims in the 'You, the law and the Courts' section of this website.
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What is a family group conference?
A family group conference (FGC) is a formal meeting for members of the family group/whanau/hapu/iwi, the young offender and the victim to decide how the young offender can be held accountable and encouraged to take responsibility for their behaviour. The focus of youth justice is putting right the wrong, not punishment.
Other people, such as the Police, a social worker, or a youth advocate may also attend the conference. Child, Youth and Family and the Police also have the opportunity to agree or disagree with the decisions.
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What does the FGC have to achieve?
It has to discuss the issues, explore the options and reach agreement on recommendations for a plan of action which ensures that:
- the young offender is held accountable and accepts responsibility for their offending behaviour
- the interests of the victim are taken into account and the matter put right as much as possible
- all outcomes seek to maintain and promote the development of the young offender within their family and community wherever possible
- all outcomes seek to strengthen the family and family group of the young offender and to increase their ability to deal with the matter themselves.
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Who attends the FGC?
People who may attend the youth justice FGC are:
- the young offender
- parents/guardians
- family/whanau (as many as possible)
- the Police
- the victim(s)
- iwi or cultural social service representative (if appropriate)
- a youth justice coordinator
- youth advocate (if appropriate).
Other people with special information may attend as necessary, such as a support group; a Child, Youth and Family social worker; or specialist services such as alcohol and drug advisors. These people are there to give advice, not to make decisions.
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Attending the FGC
- The conference is arranged by the youth justice coordinator from Child, Youth and Family.
- The young offender and as many family members as possible will be invited to attend. The victim is also invited to attend.
- Child, Youth and Family may reimburse the victim(s) for any reasonable costs incurred attending the FGC.
- The youth justice coordinator must consult with the family/whanau and family group, and with the victim(s) about when and where the FGC will be held.
- The coordinator will explain who is likely to be at the conference and what everyone is expected to do.
- FGCs usually last two to four hours, but the family may take as long as it needs to reach agreement.
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Why does the victim attend?
Experience has shown that the victim’s contribution at the conference is important in confronting young offenders with the personal effects of their crime on others. It is important that the young offenders hear how others have been affected financially, physically or emotionally by what has happened. No one can explain this better than the victim.
It can be difficult for victims to attend these conferences because they may be feeling angry about what has happened, and may not want to relive the ordeal. They could be anxious, too, about seeing the offender and their family. However, it is their right to attend and to contribute to the decision-making.
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What happens at the FGC?
Step 1: Information and advice-giving
- The youth justice coordinator introduces everyone.
- The summary of facts (what the Police say happened) is presented.
- The young offender admits or denies the charge. If it 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
- Everyone is encouraged to discuss the offence(s), the impact of the offending on others, and what needs to be done to hold the young person accountable and to put the matter right. The victim is given the chance to speak and to say what action they believe the young offender should carry out to put matters right.
- Time is allowed for private family discussion so the family group members can discuss what they think is a realistic and achievable course of action, taking into account the interests of the victim.
- The care or protection, or rehabilitation of the child or young person is also addressed where necessary, although this is separate to the youth justice matters and does not form part of the penalty.
Step 3: Decisions, recommendations and plans
- The family group reports back to the whole conference on what it thinks should happen.
- The entitled members participating in the conference try to reach agreement on a plan of action that suits everybody. This happens in over 90 per cent of FGCs. If agreement can’t be reached, the matter may go to Court and a Judge will decide how to settle it. The Judge doesn't have to accept the FGC decisions all the time.
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Recommendations the FGC can make
The putting right
Decisions the FGC can make include:
- apologies by the offender to the victims
- reparation (a payment to the victim in total or part for loss or damage to property)
- replacement of stolen property
- work for the victim
- community work
- non-association (the FGC can name the people or places the offender must stay away from)
- curfew
- formal Police caution
- prosecution
- good behaviour bond
- voluntary disqualification from holding or obtaining a driver’s license.
Rehabilitation
The FGC can also make a plan to address the young person’s care and protection needs through:
- programme involving sporting, cultural, educational and vocational aspects
- a well-being assessment
- alcohol and drug, psychological or medical assessment
- specialised care
- Family Court orders.
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After the FGC
Agreement regarding roles and responsibilities in carrying out FGC decisions are made at the conference. Decisions will also have been made regarding the timeframe for tasks to be completed and who monitors and reports on their progress.
If the FGC is held after the young offender has been charged in Court, the case will go back to Court with the plan of action recommended by the FGC. The Youth Court Judge will make the final decision about what should be done.
The agreed plan is legally binding and it cannot be changed except by having another FGC. The plan will be reviewed by Child, Youth and Family staff at the completion date set down at the conference.
If the plan is not carried out, the coordinator will discuss the plan with the offender and their family who were at the conference to try and find out why things were not completed as agreed. The FGC may be reconvened to review the plan.
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The Youth Court, District Court and High Court
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 either before they appear in Court, or while they are waiting for an FGC.
After an FGC has been held, it may issue orders to ensure the plan of action for the young person is carried out.
If the FGC is unable to reach agreement, a Youth Court judge will be asked to make a decision.
Young people who commit serious offences such as murder, manslaughter, burglary, robbery or a serious assault or rape, or those who repeatedly offend, may be transferred from the Youth Court to an Adult Court (District Court and High Court) where their case will be heard.
The Adult Court can impose different sentences (punishments) from the Youth Court.
You can read more information about the role of these courts in the 'You, the law and the Courts' section of this website.
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