The sixth of several parts relating to our Justice System
How do Judges ensure that the penalty deters offenders from reoffending? Why do Serial theft/burglars get only community service?
Punishment for youth offenders seems light: is the legal age aimed at resolving juvenile delinquency?
The law that applies in New Zealand to young people is different to adults.
The Youth Court deals with young people aged 14-16, and some offenders aged 12-13 who face serious charges.
About 80% of young people who commit offences do not come to court.
They are dealt with by the Police Youth Aid section by alternative action in the community.
That approach is respected by other countries throughout the world for its success, and people travel here to see how that process works.
The Youth Court Judges respect the approach our specialist Youth Aid Police have to youth offending.
Of the 20% youth offenders who come to court, a majority have their case dealt with as a result of a plan agreed to in a Family Group Conference; in most cases, it is not the Judge who decides what should happen.
Family conference
The Family Group Conference will make recommendations as to the punishment that the young person should face, what should happen to put things right with victims, what needs to happen in the young person’s life to stop them from committing further offences.
Those plans come to the court for the Judge to look at and approve, and in most cases that is the approach taken.
In some cases, the charges are so serious that it is the court’s job to decide the orders, or to transfer the matter to the adult court.
Serious offenders
Murder and manslaughter are the only charges that the Youth Court does not have the statutory power to deal with, and these are transferred to the High Court.
All other charges can be dealt with in the Youth Court, but for some serious cases the Youth Court can send the young person to the District Court.
If there is a feeling in the community about punishment for youth offenders, victims are urged to attend the Family Group Conference.
In this way, they can have a voice in what should happen to hold the young person accountable for what they have done, and what they should do for the victims to make things right.
The above is the response given by the judges of the Auckland District Court at their ‘Community Day’ held at Fickling Convention Centre on September 24, 2012. The Editor of this newspaper was present at the meeting and the responses of the judges to a number of questions are published in a series. The responses are reproduced verbatim, as given by the judges. The first five parts appeared in our November 15, December 1, December 15, 2012, February 15, March 1 and 15, 2013 issues.
