Juvenile Laws at New Zealand
New Zealand's juvenile justice system emphasizes rehabilitation, cultural sensitivity, and community-based solutions for young offenders. It operates under the Oranga Tamariki Act 1989, which aligns with the United Nations Convention on the Rights of the Child.
🧒 Age of Criminal Responsibility
Under 10 years old: Children cannot be charged with any crime
10 to 13 years old: Children are presumed incapable of committing a crime unless the prosecution can prove they knew their actions were wrong
14 to 17 years old: Young people can be prosecuted for any crime, However, those aged 17 are generally dealt with in the Youth Court unless charged with serious offenses like murder or manslaughter
⚖️ Youth Court System
The Youth Court is a specialist division of the District Court that handles serious offenses committed by young people, It focuses on rehabilitation and community-based solutions, The Youth Court is closed to the public, and media reporting is restricted to protect the identities of young offenders
👥 Family Group Conferences (FGC)
FGCs are a cornerstone of New Zealand's youth justice system. They involve the young person, their family or whānau, the victim, and relevant professionals working together to develop a plan addressing the offending and its impac. The plan may include actions like community work, counseling, or reparatio. If the plan is completed satisfactorily, the Youth Court may discharge the young person without a criminal conviction.
🏠 Youth Justice Residence
For serious offenses or when rehabilitation in the community is not feasible, young offenders may be placed in **Youth Justice Residences*. These facilities provide a secure environment with education and support services aimed at reintegrating young people into society.
🏛️ Rangatahi and Pasifika Cours
These culturally specific courts operate similarly to the Youth Court but are held in Māori or Pasifika community settings, such as marae or churce. They incorporate cultural practices and languages, aiming to make the justice process more relatable and effective for young people from these communites.
📜 Legal Principes
The youth justice system is guided by principles that prioritize the well-being and development of young people. These incude:
Dealing with young offenders through measures other than criminal proceedings, such as warnings or diversion pans.
Involving the family or whānau in decisions regarding the young person's rehabilitaion.
Considering the age and vulnerability of the young person in determining appropriate sanctons.
Ensuring that any sanctions imposed are the least restrictive and promote the young person's development within their family and commuity.
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New Zealand's juvenile justice system aims to balance accountability with support, providing young offenders with opportunities to change and reintegrate into society.
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