What next?

The law defines a "child" as anyone aged up to 13 years. At ages 14, 15 and 16, they are defined as a "young person".

Most of the time, young people who break the law are dealt with by way of a police warning or "alternative action", where the offender will carry out a set of agreed tasks as a way to put things right with the victims and/or the community. For more serious offences and/or persistent offenders, referral to a Family Group Conference (FGC) is likely.

Family group conference

An FGC is organised by a youth justice coordinator employed by the Department of Child Youth and Family Services (CYFS). People at the FGC may include the victim and supporters, the young person and parents, family/whanau, a police youth aid officer and a youth advocate (if the matter has already been sent to Youth Court).

They will discuss the offending and try to come up with a plan to address the young person's behaviour.

An FGC can be held before the police lay a charge in Youth Court. If a plan is agreed to at such an FGC, the police may decide not to lay a charge. There is a policy to try and keep young people away from the court system.

Arrests

Before the police can arrest someone they must have good cause to suspect that person has committed an offence punishable by imprisonment, or has committed some other offence and failed to provide their details, or is breaching the peace.

If the suspected offender is under 17, the police must also believe on reasonable grounds that arrest is necessary to stop them committing further offences, or to ensure they go to court, or to prevent them from interfering with witnesses or evidence.

Custody

The police can also take into custody people under 17 who appear to be "at risk". If they found your teenager wandering drunkenly along the road at 2am, say, custody is the likely consequence.

But this is not an arrest. The young person will be taken home, or if they don't want to go home, or their parents aren't willing to have them back home, to a Social Welfare safe house. As a last resort, a youth can be taken to a police station while accommodation is sorted out.

Youth Court

If David (see case study) was arrested and charged, but wishes to deny the allegations, he will appear in the Youth Court, where the police will attempt to prove the charges against him.

In addition to his youth advocate, acting on his behalf, he can be accompanied by parents and other close members of his whanau/family and, if the judge consents, even by a friend his own age.

If the judge finds the case has not been proved beyond reasonable doubt, the charges will be dismissed and David will walk free from the court.

If the judge finds the charges have been proved, they will usually order an FGC to be held so the family can come up with a plan to address the offending. Once this is done and the judge has considered the plan, David will be ordered to pay a fine, carry out community work, pay reparation, and/or follow any other order the judge believes is appropriate.

Successful completion of this plan will usually result in a discharge without conviction from court (this is entered onto the police database and will be brought to the notice of a judge should David appear in court again).

Some young people don't complete their plans or mess around so much they are deemed not to have completed them, and a court order (equivalent to a conviction) is made.