Information for Victims , Courts 402
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What are Youth Courts?
The Youth Court deals with:
- young people aged 14, 15 and 16 years old, and
- offending that is so serious that it cannot be dealt with any other way except by bringing the young person to court.
How do Youth Courts work?
The Youth Court is less formal than an adult court, but it is still a court.
The Youth Court is about:
- making young people answer to what they have done,
- taking into account the interests of victims,
- involving the young person’s family/whānau and support people,
- getting young people to think about their actions, how they affect other people and how they can be put right, and
- preventing young people from re-offending.
Who is involved?
Youth Courts have their own special District Court judges who are chosen for their understanding and experience with young people.
The Youth Court provides a lawyer for the young person, called a youth advocate, to help the young person with their case and speak for them in court.
A young person may also choose to have a lay advocate. This is a person appointed by the court and is not a lawyer. Their job is to:
- support the young person and their family/whānau group in court, and
- make sure that the court knows about their culture and background.
The young person’s parents/guardians, caregivers and family/wha -nau are encouraged to go to Youth Court hearings to support their young person.
You may attend any court hearing, however you must ask the judge first. Permission is almost always given.
If you want to attend a court hearing, speak to the court registry officer at the court where the young person is attending. Try to do this before the hearing date so that the Youth Court judge can consider your request before the hearing.
If the judge agrees, you may bring support people with you to court. If you have any questions or concerns, the judge will be happy to listen and help you in court.
Court staff will be able to explain what’s likely to happen in court. The judge will make sure he or she knows who’s in the courtroom, and will ask you to speak if you’ve said you want to.
Who else can attend the Youth Court?
The Youth Court is closed to the public and any details that could identify a young person, their family, school or you cannot be reported in the media. Reporters can attend, but must check with the judge before publishing anything. You can attend hearings too and may ask to speak.
What are my rights as a victim?
The Youth Court deals with youth offending in a way that considers your interests. It does this in family group conferences and court hearings. It is important to be aware that your involvement in any part of the process is entirely your choice.
Family group conferences
As the victim of a crime committed by a young person, you have the right to attend a family group conference and have your say.
A family group conference is a meeting to get everyone together to talk about what the young person did, why they did it and how it can be put right.
You’re entitled to have a say in how the young person should be dealt with. You’ll also be given a chance to tell them exactly how their behaviour affected you.
The conference makes a plan for the young person, which is then considered by the judge at the next court appearance. The judge will give the young person enough time to complete the plan and meet with the young person again to ensure that it has been carried out.
What sorts of decisions can a Youth Court judge make?
Here are some examples of what the judge might order the young person to do:
- complete a family group conference plan
- return or give up property
- pay money to the victim or pay a fine
- be disqualified from driving
- do community work
- be supervised with various conditions, either in the community or a residential facility
In some cases where the offending is very serious, the judge might convict the young person and transfer them to a District Court for sentencing.
For further information about the Youth Court, speak to the court staff or visit the Youth Court website.
For further information about family group conferences, speak to a youth justice co-ordinator at the court or visit www.cyf.govt.nz/documents/CYF_30_VictimsInfoBrochure.pdfMay 2008 COURTS/402
InformationforVictims.pdf
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