Youth justice

Youth justice is the way the law deals with children and young people who break the law.

It recognises that they need special protection in the justice system. This is outlined in the Children, Young Persons and their Families Act (CYPF), 1989.

If you are a young person who has broken the law, you will be dealt with by Youth Justice. It aims to:

  • make sure you are accountable for your actions
  • encourage you to take responsibility
  • keep you out of the adult courts and prisons
  • direct you away from the criminal system and further offending
  • use your family/whānau strengths to stop you going to an institution
  • protects your rights
  • involve the victim in the process.

We provide here some general information and a basic summary of the law. It may not cover all issues relevant to your needs. We advise you to get legal advice.
 

Youth justice and age

The law defines a child as aged under 14 years and a young person as 14 and under 17 years old.

A child under 14 can not be charged (except that from 10, a child can be charged with murder or manslaughter, or a traffic offence that does not carry a prison sentence). Cases are referred to Child, Youth and Family as care and protection issues.

A young person aged 14 and under 17 can be charged and dealt with by police diversion, a Family Group Conference or Youth Court.

At 17, a young person is treated as an adult and dealt with in the adult District Court or High Court.
 

Family Group Conference (FGC)

A FGC aims to make you accountable for your actions, take part in decisions affecting you and direct you away from the criminal system and further offending. A FGC may be arranged because:

  • the Youth Court has ordered it
  • or if the Police have made an indirect referral to a Youth Justice Co-ordinator.

The Youth Justice Co-ordinator from Child, Youth and Family organises a FGC. Who attends will depend on your case, but is likely to include:

  • parents, caregivers, family, whānau
  • the Youth Justice Co-ordinator
  • your Youth Advocate - a lawyer the Court appoints to act for you
  • the police (a Youth Aid Officer)
  • professionals or organisations that can provide 'expert' advice or services that could help
  • the victim and their support people if they choose to come.

The Youth Justice Co-ordinator will set up a date, arrange where the meeting takes place and tell everyone of the details. Your family, whānau and others should get reasonable notice so they can arrange to come. It is not compulsory for them to attend.

The FGC usually takes place wherever people feel comfortable - a meeting room, on a marae or at home. It will last for as long as it takes to work out a solution, usually hours rather than days.
 

Representing you

As the young person involved, you must go to the FGC. You can ask for other people to be there to give additional information or support on your behalf. As well as a Youth Advocate, you may also want a Lay Advocate to help represent you - this is someone you know who is not a lawyer but is sensitive to your cultural needs. They will be included in your 'family group'.

Your views should be heard and it is important you take part in decisions. That way, you face up to your actions and make amends.
 

At the FGC

After general introductions, the Police will explain the facts and the charge. You will then be asked if you admit to the charge or not. If you deny the charge, the case is referred to the Youth Court - you'll have a chance to defend yourself at a court hearing set for a later date. If you admit to the offence, the FGC continues.

First, those outside the family or whānau share their information, advice and experience. The victim will have a chance to explain the effects the crime has had on them.

Family or whānau members can ask questions and make sure they have all the facts they need. You will have a chance to give your point of view, say why you offended and what you think should happen. You can speak for yourself or ask your Lay or Youth Advocate to speak for you.

You and your family or whānau group will then be left alone to decide on a plan of action to deal with problems and prevent you from offending again. This plan is called the FGC Plan.

Your Youth Advocate and the Youth Justice Co-ordinator can also stay if you want them to.

Those outside can be asked back in at any time to give more information, but they do not take part in decisions.
 

The FGC Plan

This will include details on:

  • what you are going to do for the victim-- repairing any damage caused or repaying costs
  • what support is needed to help stop you from offending again
  • how that support is provided
  • reviewing the plan later.

A FGC plan can include whatever is needed, such as arranging for you to live with someone else or organising for you to do voluntary work. It can also ask a Youth Court for court orders to help carry out the plan.
 

Agreeing the plan

Once a plan is agreed, those outside will rejoin the meeting to advise on how it will work in practice, meets the principles of the law and takes the victim into account. The Police in the wider public interest may ask for a curfew to be enforced.

It is important that everyone agrees with and supports the plan - then the authorities can be sure you are accountable and family or whānau stay in control of things.

If you do not agree with the plan then your case is referred to the Youth Court. They may refer the case back to a second FGC, or decide on a plan and issue court orders to make sure it works.
 

After the FGC

The FGC plan is presented to the Youth Court who must approve it. The Youth Court may then issue court orders as part of the plan. Everyone who attended the FGC which prepared the plan will get a copy of the plan.

A Supervisor is appointed who is responsible for making sure the plan is carried out - perhaps someone from the FGC or from Child, Youth and Family.

The Youth Justice Coordinator organises any payments or services needed and will arrange for the plan to be reviewed at an agreed time. Your court case is then delayed to give you and your family or whānau time to complete the plan.

If the plan is successful, the charges are dropped.
 

If your FGC plan does not work

If at any time the FGC plan is not working, contact the Youth Justice Co-ordinator - they can get a social worker to investigate.

Any two people from the FGC can ask to reconvene the FGC if they have serious concerns. The Youth Justice Co-ordinator will check and if needed, set up a meeting before the review date. They may arrange another FGC or refer the case to the Youth Court for a decision.
 

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