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Children and Young People in Conflict with the Law: Asking the Hard Questions

His Honour Judge A J Becroft
Principal Youth Court Judge, New Zealand Youth Court
Te Kaiwhakawa Matua o Te Kooti Taiohi o Aotearoa

XVII WORLD CONGRESS OF THE INTERNATIONAL ASSOCIATION OF YOUTH AND FAMILY JUDGES AND MAGISTRATES
Thursday 31August 2006
Belfast

INDEX

I INTRODUCTION

II “CHILDREN”, “YOUNG PEOPLE” AND “JUVENILES”

III KEY PRINCIPLES FOR DEALING WITH CHILD OFFENDERS

IV A PRINCIPLED APPROACH TO CHILDREN IN CONFLICT WITH THE LAW
(a) UNCROC
(b) Other International Instruments
(c) International Instruments and New Zealand Legislation

(i) The Children, Young Persons and Their Families Act
(ii) Deficiencies in the Incorporation of International Instruments in the New Zealand Law

V ASKING THE HARD QUESTIONS

1. At what Age should Children be held Criminally Responsible for their Actions?

(i) Doli Incapax
(ii) The Age of Criminal Liability in New Zealand

2. When Should Child Offending be Considered to Raise Care and Protection Issues?

(i) General Comments
(ii) The New Zealand Response to Care and Protection Issues

3. Should all Children be Charged and Brought before a Court?

(i) Alternatives to Court appearances in New Zealand
(ii) Possible Dangers of the Use of Alternative Action

4. To What Extent Should State Power to Deal with Child Offending be Transferred to Families, Victims and Communities?

(i) Is the New Zealand System a Restorative Justice Approach?
(ii) The Family Group Conference System: Is it a Māori/Indigenous Model?
(iii) The Use of Family Group Conferencing in the New Zealand Context. Correcting Some Misunderstandings
(iv) Strengths and Weaknesses of Family Group Conferencing

5. Should Children Actively Participate in Formal Criminal Processes?

(i) Fundamental Participation of Young Offenders is ensured by the Family Group Conference Process
(ii) How Family Group Conferences Allow Participation in Practice
(iii) Formulation of a FGC Plan
(iv) Direct Accountability
(v) Participation of Young People in the Court System

6. Should a Child who Breaks the Law ever be Transferred to the Adult Criminal Court for Trial/Sentence?

7. Are our Responses/Sanctions for Children in Conflict with the Law “Evidence Based” and in Line with Best International Practice?
(a) Persisters and Desisters – Two Types of Youth Offender

(i) What are “Persisters” and “Desisters”
(ii) Key Risk Factors for Persisters and Desisters
(iii) Key Risk Factors for Desisters or “Adolescent-Limited” Offenders
(iv) Key Risk Factors for Persisters or “Early Onset Offenders”
(v) Policy Implications for Dealing with Desisters
(vi) Policy Implications for Dealing with Persisters

(b) Child Offenders – What Works and What Doesn’t

(i) What Doesn’t Work for Child Offenders
(ii) What Does Work for Child Offenders

8. What Use Should be Made of Prison and Youth Detention Centres?

(i) Why Prison is no Place for Children
(ii) Imprisonment of Youth Offenders in New Zealand

VI CONCLUSION

APPENDIX