Judge: Too-slow system missing child criminals

Judge Andrew Becroft wants procedures revamped. Photo / Richard Robinson

A senior judge believes child criminals are slipping through the cracks because New Zealand has "dropped the ball" with its approach to young offenders.

Principal Youth Court Judge Andrew Becroft said yesterday the philosophy behind the system that dealt with child offenders was sound, but the mechanics and resourcing of it needed to be considerably improved.

"Everyone involved in the justice sector needs to have a fresh vision and energy in dealing with 10- to 13-year-olds who offend."

The process that dealt with child offenders, aged between 10 and 13, did not need to be too complex.

"I agree with the philosophy but it's a very cumbersome process. It needs to be streamlined and there needs to be quicker access to the courts for the serious offences."

Asked if that was leading to more youth offenders, he said: "I think we can be intervening more comprehensively and quicker than we are doing.

"I'm concerned that some youth offenders we see may be the result of inadequate earlier intervention."

Most were known to police, social agencies and schools and didn't just burst on to the scene as youth offenders as 14-year-olds, which is the age they stopped being child offenders.

"You can't just cross your fingers and hope they'll be okay when they get to 14."

Once police identify a child offender, and it becomes clear there are care and protection issues, applications and affidavits need to be filed before a family group conference is held. The process is then repeated when there is a Family Court hearing.

"Those who need immediate custodial care and control, it sometimes proves very hard to get that in the first 24 to 48 hours."

A provision existed for an urgent application but that required applications and affidavits to the Family Court.

In contrast, the process in the Youth Court began as soon as a young person was charged by police.

Judge Becroft said he wanted a revamped and more streamlined procedure because everyone had "dropped the ball slightly with our approach to 10- to 13-year-olds".

The streamlining could happen by a closer examination of the legal procedure which could be rewritten to allow for faster action for serious child offenders.

"The complexity of the written documentation has often put off the police and child youth and family services from taking action."

Police and CYF dealt with between 200 and 300 child offenders a year.