Human Rights and Prisons - Rethinking Crime and Punishment

The Department has also issued a Directive prohibiting the transportation of
prisoners aged 17 years or under in the same vehicle compartment as
prisoners aged 18 years or older.
Issues
Defining ‘Children’ and ‘Young Persons’
Currently, youth justice provisions make a distinction between children (those
aged 10-13) and young persons (those aged 14-16). Children between 10-13
are generally dealt with under „care and protection‟ provisions in the Family
Court – they can be given warnings, placed in Police Youth Diversion
schemes or filtered through Family Group Conferences. Under „youth justice‟,
children may be convicted of murder or manslaughter, but only if the child
knew that the act or omission was wrong or that it was unlawful. In such
cases, preliminary hearings will occur in the Youth Court and trial and
sentencing are held in the High Court. Sentences of imprisonment can only
be imposed in the District or High Court.
In 2009, the Children, Young Persons, and their Families (Youth Courts
Jurisdiction and Orders) Amendment Bill was passed, making those aged 12
or 13 liable for Youth Court prosecution for serious offences (explained as
attempted murder, aggravated robbery, sexual violation, wounding with intent,
arson and burglary). Moving against UN recommendations, this has
effectively lowered the age of criminal responsibility further. The UN
Committee against Torture (2009) has continued to show concern at this, and
argues that New Zealand should raise the age of criminal responsibility.
From the age of 14, young people are deemed fully criminally responsible.
They are regarded as having full capacity to commit crimes, and can be
charged with any offence. Those who reach the age of 17 are dealt with as
adults, through the adult court system. The Youth Court is preserved for
those who are below 17 at the time of offence. The UN Committee on the
Rights of the Child (2003) and the UN Committee against Torture (2009) have
argued that those under 18 are children and should be brought under the
jurisdiction of the CYPFA, to ensure that all persons under 18 are accorded
special protection in law as established under UN Conventions. In 2007, an
CYPFA Amendment Bill (No 6) duly proposed to raise the upper age limit
however this has not been passed.
Nature of Youth Offending and Young Offenders
Youth offending has been relatively stable in recent years. Indeed, the
Ministry of Justice (2010b:33) establishes that the period 2006-2008 had the
lowest child (10 to 13 year old) and youth (14 to 16 year old) apprehension
rates since 1995. The rates of certain offences have increased – for instance,
youth apprehension rates for violent offences stood at 167 per 10,000
population in 1995 but had increased to 198 per 10,000 population in 2008.
84