What if a Child is Accused of a Crime in New Zealand?

When a child is accused of a crime in New Zealand, it can be a distressing and confusing time for the child and their family. It’s important to understand the legal process and the rights of the child in this situation. Naomi Cramer, a top New Zealand family lawyer, can provide the expert guidance and representation needed to navigate this challenging situation.

The Youth Justice System in New Zealand

In New Zealand, the youth justice system deals with children aged 10 to 13 who have committed an offense, and young people aged 14 to 16 who have been charged with a crime. The system is designed to hold young offenders accountable for their actions while also providing support and rehabilitation to help them turn their lives around.

The Children, Young Persons, and Their Families Act 1989 (now called the Oranga Tamariki Act 1989) sets out the principles and processes for dealing with young offenders in New Zealand. The Act emphasizes the importance of involving the child’s family and community in the decision-making process and finding solutions that address the underlying causes of the offending behavior.

The Legal Process for a Child Accused of a Crime

When a child is accused of a crime, the police will investigate the allegation and decide whether to lay charges. If charges are laid, the child will be required to attend a Family Group Conference (FGC), which is a meeting between the child, their family, the victim (if appropriate), a youth justice coordinator, and other relevant parties.

The purpose of the FGC is to discuss the offense, the impact on the victim, and to develop a plan to hold the child accountable and address their offending behavior. This may include making an apology, paying reparation, attending counseling or education programs, or completing community work.

If the child does not admit to the offense or the FGC cannot agree on a plan, the matter may be referred to the Youth Court. The Youth Court is a specialized court that deals with young offenders and has the power to impose a range of sanctions, including supervision with activity, supervision with residence, or even a sentence of imprisonment in serious cases.

The Rights of a Child Accused of a Crime

A child accused of a crime has the right to legal representation and to have their views taken into account throughout the process. They also have the right to a fair trial and to be treated with respect and dignity.

It’s important for parents or guardians to seek legal advice as soon as possible if their child is accused of a crime. A skilled family lawyer like Naomi Cramer can provide advice on the child’s rights, the legal process, and the options available to achieve the best possible outcome for the child and their family.

The Importance of Rehabilitation and Support

The youth justice system in New Zealand recognizes that young offenders often have complex needs and may have experienced trauma, abuse, or neglect in their lives. The focus is on providing support and rehabilitation to address these underlying issues and help the child to turn their life around.

This may include access to education, counseling, mentoring, and other support services to help the child develop positive relationships, life skills, and a sense of purpose. The involvement of the child’s family and community is also seen as crucial in providing a supportive environment and helping the child to reintegrate into society.

Conclusion

If a child is accused of a crime in New Zealand, it can be a challenging and stressful time for everyone involved. However, it’s important to remember that the youth justice system is designed to hold young offenders accountable while also providing support and rehabilitation to help them turn their lives around. Seeking the advice and representation of an experienced family lawyer like Naomi Cramer can help to ensure that the child’s rights are protected and that the best possible outcome is achieved for the child and their family.

No solicitor-client relationship is created by this article. The author and owner shall not be liable for your reliance on the information contained in this article. Readers should obtain their own independent legal advice.