Ease access to Family Court for child offenders, says judge

Trying to bring child offenders before the Family Court is so cumbersome that it is putting police off, and those in need are falling through the gaps, says principal Family Court judge Peter Boshier.

He called for a more efficient procedure to prevent child criminals from missing out on what the Family Court could offer, such as counselling or ongoing intervention to help stop them offending again.

"The number of child offender applications [to the Family Court] each year isn't large. I'd be surprised if it's over 100 a year, and yet in this age group of 10 to 14 there are an awful lot of kids committing serious crime," Judge Boshier said.

To bring child offenders before the Family Court, police needed to fill out a number of documents - such as an application that someone was in need of care or protection, an affidavit of support and an information sheet.

"A lot of police probably look at all this and think, 'There's too much there and I won't bother'. We need a much swifter, cleaner way."

Police Commissioner Howard Broad did not know of any cases where police were put off by the process, but he acknowledged it was an issue. "One of the results of having a system that's hard to access, hard to use, is that it's not used, and it's therefore not servicing people who need the services available through the court. As a consequence they lose out.

"The criminal justice system, including the youth justice system, is beset with a lot of bureaucracy and there's room to fine down some processes.

"I'm prepared to work with the Ministry of Justice and Judge Boshier to simplify that."

Judge Boshier called for a process similar to the Youth Court, where police merely need to swear that they believe a child offender is in need of care and protection.

He was one of many prominent speakers at the Child and Youth Offenders: What Works symposium, hosted by Children's Commissioner Cindy Kiro in Wellington yesterday.

Other speakers, including principal Youth Court Judge Andrew Becroft, highlighted the importance of a preventive strategy aimed at the years from birth to age five.

Judge Boshier applauded parts of the present system - such as the blend of inter-agency resources and ongoing intervention - but said there was room for improvement.

"The procedure can stand or fall by how good the placement is," he said referring to Bailey Junior Kurariki, convicted of manslaughter when he was 13.

"He was a child offender and placed in a family home and he absconded the same day."

Justice Minister Mark Burton said last night: "Whilst good progress has been made, we cannot be complacent in ensuring that we advance both the wellbeing of children and young people, and the interests and safety of the wider community.

"Ministers are committed to continuing to work with members of the judiciary in advancing these objectives."