KEY POINTS:
The Government has tabled a bill to raise the minimum age for an offender to be dealt with in adult courts.
The Children, Young Persons and Their Families Amendment Bill also makes other changes to update the 20-year-old law.
Changes included were:
* to raise the minimum age
for an offender to be dealt with in adult courts from 17 to 18 ;
* ensure complaints by children, young people and families were dealt with;
* ensure information can be shared been relevant agencies;
* make family group conferences timely and better managed;
* allow longer residential periods and other changes to Youth Court orders.
The bill was tabled the same day as NZ First MP Ron Mark's Young Offenders (Serious Crimes) Bill failed to get support in the select committee process. That bill, to lower the age of criminal responsibility from 14 to 12 years, will still get its second reading but is dead in the water.
Social Development Minister Ruth Dyson said the changes in her bill came out of extensive consultation.
She said there was a consistent message that young people had to be held accountable to the community and victims with longer residential sentences.
The age change was needed to meet the United Nations Convention on the Rights of the Child.
She emphasised those facing serious charges could still go to adult courts.
"The overwhelming majority are much better off dealt with under the Youth court because the outcomes for them and for us, as a community, are much better," she told Radio New Zealand this morning.
Currently the age of prosecution is 14 years, except for murder and manslaughter when the age is 10.
At 14 years, a young person can be prosecuted for the full range of offences and their offending is dealt with in the Youth Court.
Offenders between the ages of 10 and 13 are dealt with in the Family Court and are not formally prosecuted.
Details of the bill were leaked last month prompting the Police Association, National Party and Mr Mark to say the changes were absurd and would see 17-year-olds flout the law.
Mr Mark told Radio New Zealand his bill would be a bottom line in any post election talks.
The other bottom line was a bill to suppress gangs.
"We keep fighting because this is a matter that the public want fixed."
Mr Mark said he accepted Ms Dyson was trying to improve youth justice and reduce offending.
"What frustrates NZ First is we still is that we still end up at the end of the day dealing with the people behind the scenes who have their own objectives, their own belief as to how to best intervene."
He named Justice and Youth Affairs Ministry officials, the Children's Commissioner Cindy Kiro, and Principal Youth Court Judge Andrew Becroft.
Judge Becroft had criticised Mr Mark's bill saying it was "abysmally" drafted, confusing and would make the Youth Court redundant.
Dr Kiro said it failed to recognise children were different from adults, would breach the Bill of Rights and would not solve problems.
However, the Police Association and Sensible Sentencing Trust supported it and said there were insufficient measures to deal with recidivist child offenders.
The Law and Order select committee which considered the bill found it would erode the Youth Court and open up New Zealand to criticism for contravening the UN Rights on the Child convention and other international agreements.
It said it was concerned by a rise in youth violence and wanted more research and better services.
In a minority report National said the bill was flawed but the committee lost a chance to make the bill useful through amendments.
NZ First's minority report said it was open to constructive amendments such as changing definitions and ensuring the Youth Court's role was maintained.
The party also had made it clear amendments to ensure children were not put in adult prisons would be agreed.
It did not accept children did not know the difference between right and wrong.
"New Zealand First believes that the evidence overwhelmingly indicates that the youth justice system does need serious modification that the age of criminal responsibility should be lowered to 12 for all offences punishable by five years' imprisonment."
- NZPA
