Inside a Courtroom
About Youth Justice - Inside a Courtroom
Youth Court Judge
Youth Court Judges are specialist District Court Judges who are chosen for their understanding of the particular issues and problems associated with being a young person, and with their different cultures and backgrounds.
The Child or Young Person
To have their case heard by the Youth Court, the child or young person must be over 10 years old or under 17 years old when the offence is said to have happened. But once someone is 18 years old their case will be heard in the adult court even if they were under 17 when the offence happened.
There are special rules for children 13 years old or younger:
- No one under the age of 10 can be charged with a criminal offence
- A child who is 10 or 11 years old can only be charged with murder or manslaughter, all other crimes are dealt with outside the courts
- A child who is between 12 and 13 years old can only be charged if the offence (if proved) can be punished by at least 14 years in prison
- A child between 12 and 13, who has already been found to have committed serious crimes and is accused of committing a crime which can be punished by at least 10 years in prison.
Age of the Child or Young Person and the Law
The Children, Young Persons and their Families Act 1989 is specific in its definitions:
- A ‘child’ is a boy or girl under the age of 14.
- A ‘young person’ is a boy or girl who is 14, 15 or 16 years old and has never been married or in a civil union.
The Youth Advocate
The youth advocate is a lawyer the court appoints to help a child or young person, charged with a criminal offence, who is appearing in the Youth Court. The youth advocate is provided free of charge.
The Child or Young Person's Family and Whānau
The family or whānau is the heart of the youth justice system. The law recognises all kinds of family groups across all cultures.
A child or young person's family can include:
- extended family – including at least one adult related by blood or by law
- someone the young person is emotionally attached to
- their whānau
- any other culturally recognised family group.
The Prosecution
The prosecutor is the person taking a court action. In the Youth Court, the prosecutor is nearly always from the police. The prosecution’s job is to prove, beyond a reasonable doubt, to the Judge or jury that the child or young person broke the law, if he or she does not admit that.
Youth Justice Co-ordinator
The Youth Justice Co-ordinator is employed by Child, Youth and Family (CYF) to manage the family group conference process. This includes contacting everyone who will take part, facilitating the conference, recording the outcome and reporting back to the Judge.
CYF Social Worker
CYF social workers are employed by Child, Youth and Family (CYF) to provide additional support through the family group conference process, assess the child or young person’s needs, and help make sure they complete the family group conference plan.
Court Taker
The court taker works in the court. They make sure that the court case runs smoothly. The court taker also makes sure that good records are kept of what decisions were made during the hearing.
The Lay Advocate
This is a person appointed by the court who is not a lawyer. Their job is to support a child or young person in court, make sure that the court knows about all relevant cultural matters, and represent the interests of a child or young person’s family if they are not already represented.
