Frequently asked questions

Before going to court

What happens when the police think a young person has broken the law?

If they want to charge someone, the police may:

either:

• arrest them and bring them before the Youth Court to face the charge (this may only happen in certain circumstances)

or

• refer the case to a youth justice co-ordinator who'll organise a family group conference. People at the conference will talk about the offending and decide if the young person should have to go to the Youth Court. See At a family group conference and afterwards

Do all young people who break the law go to court?

No. Often the police will deal with young people by something called diversion. This means the young person won't go to court but will have to make up for what they did in some other way.

The Youth Court is for those charged with serious crimes or who keep breaking the law. Special rules say what court a young person charged with a serious crime has to appear in. See Do young people ever go to the adult court?

How old is a young person?

Someone who was 14, 15 or 16 years old on the day the police say they broke the law.

How old is a child?

Someone who was 10, 11, 12 or 13 on the day the police say they broke the law. But children can only be charged with murder or manslaughter. If they commit any other kind of crime, they'll be dealt with in some other way. This will usually be through the Family Court or a youth justice family group conference.

What happens when a young person is arrested?

They'll go to court the same day, if there's time, or next morning. If they're arrested on a Saturday, they'll appear in court on Monday morning.

The Youth Court doesn't sit every day (see the Youth Court contact list) so sometimes young people have to appear in the District Court first. But it will work like a Youth Court hearing, and the public won't be allowed in.

Their case will be adjourned (put off) until the next Youth Court sitting, and the District Court judge will decide if the person should be allowed bail.

If the person doesn't turn up to court on the right day, the police will ask the judge for a warrant to arrest them.

In the Youth Court

What is the Youth Court?

This is the court that a young person will have to appear in if the police think they have broken the law and charge them.

Is the Youth Court the same as an adult court?

No. There are different rules, and different things happen:

• Youth Court hearings are private (see Who can come to a Youth Court hearing?).  The public isn't allowed in, although newspaper, radio and television reporters can get permission to be there
• The Youth Court has special judges who understand the problems young people face, and their different cultures and backgrounds
• The young person can speak, and the judge usually talks to them
• Parents and families are encouraged to attend
• Parents, families and victims all help decide how the young person should make up for their offending
• Youth Court judges will try to keep the young person in their family and community, if possible

What happens at the Youth Court?

Every case is different so it's impossible to say exactly. But some things are the same in most cases. Young people should talk to their youth advocate before they appear in court about what might happen.

If the young person says they didn't do what the police say they did, there'll be a defended hearing.

At the defended hearing, the police will call witnesses and so will the young person, if they want to. Then the judge will decide whether the police have proved beyond a reasonable doubt that the young person did what the police say they did.

There are lots of rules for defended hearings. The young person's lawyer/youth advocate will explain them.

If the judge decides the young person did what the police say they did, the case will usually be put off for about two weeks so there can be a family group conference.  See What is a family group conference? below

If the young person agrees they did do what the police say they did, their lawyer or youth advocate will tell the judge. So, if the police say the young person burgled a house, the charge is burglary. If the young person agrees they burgled the house, their lawyer/youth advocate will tell the judge the burglary charge is not denied.

Then the case will usually be put off for about two weeks so a family group conference can be held.

When does the Youth Court sit?

It depends where it is. Look up your nearest Youth Court on the Youth Court contact list

Most courts hear cases from 10am to 1pm, and from 2.15pm to 4pm.The young person will be told what time to turn up. They shouldn't leave the waiting area without telling their lawyer/youth advocate, in case they get called into court.

Where does the Youth Court sit?

In the bigger courts, it uses a separate part of the District Court building. It might have a different entrance to the District Courts, though. Look for a sign when you get there. In smaller courts, it will probably use the same entrance as the main District Court building.

Who can come to Youth Court hearings?

They are private. The only people allowed to come are:

• officers of the court
• the child or young person
• the person who says the young person broke the law (usually someone from the police)
• the young person's parents, guardians, or caregivers
• someone from the family group conference (if one has been held)
• a lawyer or youth advocate who speaks for the young person
• a lawyer who speaks for the young person's parents or guardian
• a youth justice co-ordinator
• a social worker
• a lay advocate who supports the child or young person, or their parent, guardian or caregiver
• witnesses
• reporters who have permission to be there
• anyone else the judge allows to be there.

Can the young person bring people with them?

It's a good idea if one or both parents or caregivers come too. Young people may also bring older relatives or an adult friend to court. They can't bring friends their own age.

The Youth Court judge may say how many support people the young person can have. If no adult can come, the case might be put off until they can.

Will the young person need a lawyer?

Yes. They can't appear in court without one. If the young person or their family wants their own lawyer, they'll have to pay the fee.

How does a young person get a lawyer?

If they don't have one, the court will get one for them. This person is called a youth advocate. Youth advocates are specially trained to help young people in court. They don't cost the young person or their family any money because they're paid by the government.

What does the lawyer do?

They'll speak for the young person in court, and answer their questions. They explain what the police have charged them with. They'll ask the young person to tell them what happened and tell them what the options are, depending on whether the young person agrees they committed a crime or says they didn't.

Will the young person have to speak in court?

Yes. Usually the judge asks them to introduce their parents, family members or anyone else who's come with them. Later on, the judge might ask the young person a question. They can talk to their youth advocate about this before the hearing.

Where will the young person live during their case?

The judge decides this. Some of the options are:

• bail so they can live with their family (or somewhere else, if their family can't have them). The judge can say a child or young person may be released only if certain things happen eg. they mustn't be away from home or do anything without the permission of their parents or guardians or whoever looks after them.
• putting the young person in the care of the Department of Child Youth and Family Services – either in a family/community home or a secure residence
• keeping the young person is police custody

Can Youth Court cases be in the papers and on radio and TV?

Reporters can come to Youth Court hearings but they're not allowed to report everything they see and hear. The Youth Court judge must agree before the reporters can publish anything. Reporters mustn't publish:

• the young person's name, or the names of their parents, guardians or caregivers
• the name of the young person's school
• any other name or detail which might give away who the young person is or what school they go to
• the name of anyone who makes a complaint against a young person.

What the judge can do

What sentences can a Youth Court judge give a young person?

A Youth Court judge can make an order. This means the judge tells the young person what they have to do to make up for breaking the law.

If the judge orders a young person's case to be moved to the District Court for sentencing (in special circumstances), they'll be sentenced like an adult.

What's an order?

An order is what a judge tells someone to do. Orders can include restitution or forfeiture, reparation, fine, supervision, community work, supervision with activity, and supervision with residence.  The young person's youth advocate can explain what these are.

If a young person doesn't do what they're supposed to, their social worker will tell the court. Then the young person will be brought back to court and probably a more severe order made.

An order isn't the same as a criminal conviction. But if the person appears in a District Court when they're older, it might make a difference to how they are dealt with then.

Do young people go to prison?

Sometimes young people can be held in a prison (called being remanded) while they're waiting for a jury trial or to be sentenced.

A young person can only be held in prison if they are:

• at least 15

and

• they've been charged with a very serious offence like aggravated robbery or murder, or the judge has decided they committed a very serious offence

and

• their case has been moved to the District or High Court for a jury trial or sentence.

A young person can only be sentenced to spend time in prison if they have pleaded guilty or been found guilty of a purely indictable offence.

Do young people ever go to the adult court?

Sometimes. If they break the law in serious ways – like committing armed robbery. And if they've been charged with a less serious traffic offence.

If a young person breaks the law in a serious way, the first step is to go to the Youth Court so a judge can decide if there's enough evidence to carry on with the case. This is called a preliminary hearing.

If the judge (or sometimes justices of the peace) decides there's enough evidence, or if the young person agrees they broke the law, the judge might offer to let them stay in the Youth Court. Otherwise, their case will go to an adult court for a trial by jury.

If the judge gives them a choice, the young person can decide whether they want their case heard in the Youth Court or the adult court.

If a young person is charged with murder or manslaughter, the preliminary hearing will still be held in the Youth Court, but the judge can't let them choose where to have a hearing – their case has to be heard in the High Court, the same as adults.

If a young person who's been charged with a serious crime agrees they committed it, or if it's proved that they did, their case might be moved to an adult court for sentencing, if the Youth Court judge believes the offence is serious enough.

Will the young person get a criminal record?

Not if their case has been dealt with in the Youth Court.

The Youth Court judge might convict a young person (which means they'll have a criminal record) if they're 15 or older and they don't disagree that they broke the law, or after they've disagreed and there's been a defended hearing and the judge has decided they did break the law.

If this happens the young person may be sentenced in the District or High Court, and then they'll have criminal record.

At a family group conference and afterwards

What is a family group conference?

A meeting for the young person, their family/whanau and the victim. There are two sorts of family group conference (sometimes called an FGC):

• when the police are deciding whether to charge the young person with breaking the law – if the people at the conference think the person shouldn't be charged (or go to court), they'll decide what the young person will have to do to make up for their offending. This is often called an "intention to charge" family group conference.

and

• after the young person has appeared in the Youth Court – to work out what they did, why they did it, what they can do to make up for their offending and how to make sure they don't get into trouble again. This kind of family group conference is held if the young person agrees that they broke the law or it has been proved that the young person broke the law.

For more about family group conferences, go to Families and the Youth Court

Who goes to a family group conference?

It's run by a youth justice co-ordinator from the Department of Child Youth and Family Services. The other people usually there are

• the young person and their family/whanau
• the victim
• a police youth aid officer
• the young person's youth advocate or lawyer.

Other people who might be invited are:

• the young person's social worker (if they have one)
• someone from the school or training course the young person attends
• the young person's counsellor (if they have one)

The young person should tell the youth justice co-ordinator who else they want to have at the family group conference.

What happens at a family group conference?

Everyone talks about the offending and suggests how the Youth Court should deal with the young person. Later, the Youth Court judge will decide if he or she agrees. What the judge says is final.

Sometimes people at family group conferences can't agree. If this happens, the Youth Court will decide what should happen.

What happens after the first kind of family group conference?

If the people at the first kind of family group conference think the young person's case shouldn't go to court, they'll decide how else the young person should make up for breaking the law.

The young person might have to stick to a plan that says they have to do certain things – like write an apology letter or do community work. The plan may make rules – like what time they have to be home at night or who they mustn't have contact with.

If the young person sticks to the plan things usually don't go any further. But if they don't agree with the plan or don't stick to it, the police will probably charge them with breaking the law and they'll have to go to Youth Court.

What happens after the second kind of family group conference?

The young person has already appeared in the Youth Court so the people at the conference work out what the Youth Court should do next.

They make a plan so that the young person can make up for breaking the law. Later, the Youth Court judge will decide if he or she agrees with the plan. What the judge says is final.

If the young person sticks to the plan, the charge against them is usually withdrawn or discharged. It will be as if they were never charged.

If the young person committed a more serious crime and doesn't stick to their plan, the Youth Court judge will probably make an order.

How do I get answers to more questions?

Talk to a lawyer/youth advocate, especially if it's about a particular case.