What's special about the Youth Court?

• It's part of the District Court and only deals with young people 14, 15 and 16 years old.

• The youth justice system works to keep young people out of court, so most young offenders don't have to appear in the Youth Court.

• It has its own special judges who are used to dealing with young people. The Principal Youth Court Judge is Judge Andrew Becroft, who was appointed in June 2001.

• It's closed to the public. However, reporters can attend, but they must check with the judge before publishing anything.

• It hears all cases to do with young people, except murder and manslaughter, or when a young person chooses to have a jury trial. But even these cases begin in the Youth Court, with the judge deciding if the case should go ahead.

• It always appoints a youth advocate to help a young person who doesn't have a lawyer. The youth advocate explains the charge and asks about what happened. He or she tells the young person what the options are, and the best way of dealing with the case. Their job is making sure the court understands the young person's point of view and to help them take part in the court process.

• It may appoint a lay advocate to support the young person or their whanau/family group in court. Lay advocates are people with mana or standing in the young person's community. They make sure the court understands any cultural matters to do with the case.

• A young person can only be charged in the Youth Court when they've been arrested or when a family group conference has met and decided that a charge should be laid.

• If the young person doesn't deny in court that they broke the law, there'll be a family group conference.

What happens at a family group conference

• It's a meeting for everyone involved in the case, including the young person and their family, and the victim of the crime. It lets everyone involved have a say. The Youth Court judge can't decide what will happen next until there's been a family group conference.

• Everyone at the meeting talks about what should happen next, and they work on a plan for the young person.  This suggests ways that the young person can make up for breaking the law.

• The Youth Court Judge is told what the plan is. He or she nearly always approves the plan, and the court makes sure that someone is checking that the young person carries it out properly.

What Youth Court hearings are like

• They're less formal than an adult court, (for example, the young person is called by their first name) but it is still a court. The idea is that young people shouldn't be afraid to take part.

• Because the public can't be at Youth Court hearings, the young person only comes into the courtroom when their name's called. Their parent(s) and other adult supporters can come, and the youth advocate or lawyer, police, court staff and judge are there too.

• The youth advocate or lawyer will say if the charge is denied or not, or whether the young person needs more time to decide.

• If the charge is not denied, the judge will ask for a family group conference to be held.

• If the young person denies a less serious charge, the judge sets a date for a defended hearing in the Youth Court.

• If it's a more serious charge, or if the young person wants a jury trial, the judge will set a date for a preliminary hearing in the Youth Court.

• At the preliminary hearing the judge will decide if there's enough evidence for a trial.

• At the preliminary hearing, the young person can decide to plead guilty at any time. If they do, their case can stay in the Youth Court if the Judge offers the young person this option.  Otherwise it will move to the District or High Court (depending on the charge).

What sort of cases are moved to the District or High Court and Why?

• If the police believe a young person committed murder or manslaughter, and the preliminary hearing shows there's enough evidence for the case to continue, it will have to go to the High Court.

• For other serious offences (indictable offences), if the judge decides at the preliminary hearing the young person has a case to answer, he or she might ask them if they'd like to stay in Youth Court. If the Judge does not offer the young person that option, or if the young person decides not to stay in the Youth Court the case will move to the District or High Court (depending on the offence).

• At the preliminary hearing, the young person can decide to plead guilty at any time. If they do, their case can stay in the Youth Court if the Judge offers the young person this option, otherwise it will move to the District or High Court (depending on the charge).

• Most cases involving young people are heard in the Youth Court.

What else can happen in court?

• The Youth Court Judge can ask for medical, psychological and psychiatric reports to help decide what to do about a young person who's broken the law.

• The judge has to ask for a report from a social worker if he or she thinks the young person's case is serious and needs a serious penalty.

• Different things might happen after a young person has appeared in the Youth Court and the charge against them has been proved or the young person has admitted the charge. From the least serious to the most serious:
  
  • police decide to withdraw the information - this will be the same as if the young person never got into trouble;
    
  • the police decide not to do anything else - "discharge";
    
  • the police tell the young person to keep out of trouble - "warning";
    
  • the young person will have to go back to court if they break the law again within a certain time - "conditional discharge"
    
  • the young person has to return or give up property - restitution or forfeiture
    
  • the young person does something for the victim that helps make up for the offending - reparation;
    
  • the judge orders the young person to pay money - "fine";
    
  • the young person is put in the charge of the chief executive of the Department of Child Youth and Family Services (CYFS) or someone else - supervision;
    
  • the judge orders that a young person do some work that's good for the community - "community work";
    
  • the young person has to go to weekday, evening, or weekend activities, or a programme set by a supervisor, for up to three months - supervision with activity;
    
  • the young person has to live in a Department of Child Youth and Family Services (CYFS) home for three months - supervision with residence
    
  • the young person's case is moved to the adult court - "transfer to the District Court"

The Youth Court can also disqualify a young person from driving if they committed a traffic offence.

These outcomes do go on a young person's "record" of behaviour, but they are not "criminal convictions" for the purposes of obtaining a passport, employment etc.