NCJ Number
135890
Date Published
1991
Length
10 pages
Annotation
The new principles and procedures of the New Zealand Children, Young Persons, and Their Families Act of 1989 regarding young offenders are discussed.
Abstract
In contrast to previous laws, the new law provides a judicial separation between children in need of care and protection and those who offend. The youth justice aspects of this law have their own set of principles. Criminal proceedings should not be instituted against a child or young person if there is an alternative method to institutionalization. Measures should strengthen the families and their ways of dealing with the offender. Young offenders should be kept in the community while ensuring public safety; age is a mitigating factor in determining imposition of sanction and its nature. The law limits the power of police to arrest in preference to proceeding by summons, features a new diversionary process, and maintains the distinction between a child and young person. Court orders available in ascending order of severity are supervision, community work, supervision with activity, supervision with residence, and transfer to adult court for sentence. 15 references