Youth Offending: Putting the Headlines in Context

(Issue 3 - covering 2003)

Principal Youth Court Judge, Andrew Becroft

December 2004

A. Introduction

• In the debate about youth offending, there has been inadvertent reliance placed on selected statistics that can give a very misleading picture.

• It is important that the real position, as best we know it, is made clear so that sensible and informed discussion can take place.

• In New Zealand, criminal liability begins at ten years of age. "Child offenders" are 10-13 year olds and can only be charged in the criminal courts with murder and manslaughter. Otherwise, their offending can be dealt with in the Family Court. "Youth offenders" are 14-16 year olds.

B. Executive Summary

1. Offending attributed to under 17 year olds has stabilised.

Although there was a significant increase in youth offending statistics in the first half of the 1990s, most categories have been relatively stable since about 1997. There has been an increase this year in police apprehensions of 14-16 year olds.

2. Offending by under 17 year olds has not increased at any greater rate than adult offending.

Offending by under 17 year olds has remained at about 22% of the total number of apprehended offenders for the last ten years.

3. The majority of youth crimes are not serious in nature.

In a 2000/2001 study, Police described almost half of youth offences as "of minimum seriousness". The majority of offences are petty dishonesty or property offences. The average seriousness of proved cases involving young offenders has fluctuated over the last decade with no clear pattern.

4. Violence features in about 10% of offences involving young people.

The rates of violent offending attributed to 14-16 year olds significantly increased between 1991 and 1995, but much less so since. Violent offending attributed to 10-13 year olds peaked in 1997, and has dropped in each of the last 3 years.

The percentage of under 17 year olds involved in violent offending has remained relatively stable over the last 10 years.

5. Only the most serious youth offenders come before the Youth Court.

Police deal with 76% of offenders through diversion, written warnings or a range of creative, community-based approaches. New Zealand's "diversion" rate leads the world.

8% of youth offenders are dealt with by intention to charge Family Group Conferences, and a small number of these end up being charged in the Youth Court.

Only 16% of young offenders are directly charged in the Youth Court. Despite an increase in the population, the number of cases finalised in the Youth Court has declined over recent years. Well over half of those appearing in the Youth Court either receive an absolute discharge after the completion of a Family Group Conference Plan, or the case against them is not proved.

6. An important feature of the Youth Court process is the Family Group Conference (FGC).

The FGC emphasises accountability and family involvement in the resolution of a young person's offending. The number of Family Group Conferences held has remained stable over most of the last decade but rose by more than a thousand to 7,552 between 2002/2003 and 2003/2004.

7. There are huge regional variations in youth offending throughout New Zealand.

8. Offence rates are not always an accurate indicator of crime trends.

Factors such as Police resourcing, changes to Police strategies and charging practices, and society's decreased tolerance of violence can impact upon the numbers of offences reported. A better indicator is the number and nature of cases proven in the Youth Court.

9. Accurate statistical analysis shows that youth offending is not out of control.

Reliance placed on selected statistics can give a very misleading picture. There is no centralised collection of statistics and trends about youth offending. Assessments are based on a comparison of figures from a variety of Government Ministries. The Ministry of Justice is now taking the lead in seeking a more co-ordinated and "scientific" approach to the collection of statistics about youth offending. The data that is obtainable suggests youth offending has stabilised over the last six years.

C. What is the Real Position as to Youth Offending?

1. Offending attributed to under 17 year olds has increased over the last 12 years, but much less so over the last 7 years:

• The total number of resolved offences attributed to under 17 year olds has increased from 33,500 in 1989, to 45,522 in 2000, dropping slightly to 43,436 in 2001, and increasing to 44,533 in 2002 and 46,532 in 2003. It has been relatively stable over the last 7 years. (Source: NZ Police and Ministry of Justice)

(It should also be noted that this is not the same figure as the number of individual offenders, and does not take into account population growth)

• Similarly, the non-traffic apprehension rate (per 1,000 population) for 14-16 year olds increased from 148.2 in 1992, to 175.0 in 1993, to 182.8 in 1994, and to 193.4 in 1996. It has remained relatively unchanged since. It was 184.0 in 2001, 181.0 in 2002 - the lowest since 1993, and 188.6 in 2003. (Source: NZ Police and Ministry of Justice)

• More strikingly, the apprehension rate for 10-13 year olds has remained relatively static, being 46.5 in 1992, and 46.2 in 2001, 44.7 in 2002, and 45.1 in 2003 (the lowest since 1999). (Source: NZ Police and Ministry of Justice)

• The number of charges processed in the Youth Court increased from 8,674 in 1990/91, to 14,209 in 2000/01, but again has remained relatively static in the last 6 years with 13,754 in 2001/2002, and 13,476 in 2002/2003. (Source: Ministry of Justice)

• The number of cases (per 10,000 of population between 14 and 16) in the Youth Court has increased from 130 in 1990/91 to 197 in 2000/01. It dropped to 185.1 in 2001/2002 and further dropped to 182.1 in 2002/2003. It has been reasonably stable in recent years. (Source: Ministry of Justice)

Generally, during the last 6 years there have only been relatively small increases in offending rates by under 17 year olds.

Police apprehensions of children and young people aged between 10 and 16 increased by 5.3% between 1996 and 2003, a period when the total population in that age group rose more than 14%. (Source: NZ Police and Ministry of Justice)

2. Offending by under 17 year olds has remained a relatively static proportion of total offending over the last 10-12 years:

Under 17 year olds account for about 22% of total offenders apprehended. This figure has not significantly changed over the last decade (1994: 22.33%, 2003: 21.77%). In other words, while the number of those under 17 year old offenders apprehended has increased, it has not increased at any greater rate than adult offenders apprehended. (Source: NZ Police figures; Ministry of Justice)

In fact, the percentage of apprehended offenders who were under 17 years old has been decreasing since 2001 (2000: 23.09%; 2001: 22.12%; 2002: 21.90%; and 2003: 21.77%). (Source: NZ Police figures, Ministry of Justice)

Debate about increasing youth crime should take place in the context of overall crime increases.

3. Only a small percentage of offending by under 17 year olds is "serious" offending:

• Just over 50% of the offences attributed to young people are dishonesty offences (52% in 2002);

• 20% of all offences attributed to young people are shoplifting;

• Property damage is the next largest offence, about 1 in 8; (12% in 2002).

• Nearly half the offences committed by under 17 year olds and recorded by the Police in a study in 2000/01, were rated by the Police as of minimum seriousness

(These were mostly property and dishonesty offences involving goods of less than $100 in value);

• Violence makes up 1 in 10 of all offences, and has done so since 1994 (2002: 10.7%).

• Drug offences, antisocial behaviour and property abuse each made up about one in 20.

(Source: Maxwell and Morris, 1998; Maxwell, Robertson and Anderson, "Police Youth Diversion", a report from the Crime and Justice Research Centre, Victoria University 2002)

• The average seriousness of "proved" cases in the Youth Court has fluctuated over the last decade, with no clear pattern, save for significant increases in the most serious offences in the first half of the 1990's.

• The proportion of "proved" cases that resulted in any type of custodial sentence remained at 9% from 1994 to 1997, but dropped in the next six years to just under 4% in 2003.

(Source: Ministry of Justice: Conviction and Sentencing of Offenders in New Zealand: 1994 to 2003; Chapter 7)

4. Is violent offending by under 17 year olds increasing?

Yes. And no.

Violent offending attributed to 14-16 year olds has increased since 1991 but much less so since 1995.

• Apprehensions by the police of 14-16 year olds for violent offences increased from 104 per 10,000 of the population in 1991, to 196 in 1995. It has increased only slightly since then to 210 in 2001 and dropped to 205 in 2002, before increasing again to 215 in 2003. (Source: NZ Police, Ministry of Justice)

• The number of apprehensions for serious offences for 14-16 year olds has remained reasonably static over the last 6 years.

• For instance, there were 354 aggravated robberies/robberies by 14-16 year olds in 1995; 310 in 2000; 320 in 2002; and, 326 in 2003: an average of 309 each year between 1994 and 2003.(Source: NZ Police, Ministry of Justice)

Violent offending attributed to 10-13 year olds peaked in 1997, at 47 per 10,000.

• Apprehensions for 10-13 year olds for violent offending have fluctuated around an average of 42 per 10,000 of the population in each year from 1994 to 2003 (45 in 2000; 42 in 2002; and 40 in 2003). (Source: NZ Police)

Apprehensions for robberies by this age group increased from 66 in 1994, to 82 in 1998, and then averaged 70 in the next five years (73 in 2003).

It should be noted that over the last decade, the total number of violent offenders apprehended by the police in New Zealand has increased. For instance the rate per 10,000 of violent offences committed by 31-50 year olds increased more than for 14-16 year olds.

It may be that society is becoming less tolerant of violence and that there are more complaints of violence. Whatever the reason for the increase, an important question is: why is our society as a whole (not just young people) apparently becoming more violent?

Also the increase in violent offending does not represent any significant change in the percentage of young people under 17 involved in violence, which has fluctuated from 11 to 14% of all violent offenders apprehended by the Police each year from 1994 to 2003 (12.99% in 2001 and; 12.97% in 2003).

Moreover, in the Police diversion study, mentioned at point 6 below, 56% of the violent offences were not rated by the Police as of medium or greater seriousness.

5. Is the age at which under 17 year olds start to commit violent offences decreasing?

The Police certainly believe this to be the case.

The Police are also of the view that the type of violence is becoming more serious. This is the perception of many in the community.

However, there are simply not the figures to prove or disprove this. The lack of statistics upon which informed debate can take place is concerning.

What is clear is that over the last 10 years the proportion of young offenders in each of three different age groups under 17 has remained approximately the same:

• Under 10 year olds form about 3% of under 17 year old offenders apprehended (2.7% in 2003);

• 10-13 year olds form about 24% of under 17 year old offenders apprehended (21.8% in 2002; 24.3% in 2003); and

• 14-16 year olds form about 70% of under 17 year old offenders apprehended (76.5% in 2002; 73.1% in 2003).

Also the percentage of apprehended offenders in each age group who are violent has remained very stable over the last 8 years:

• For under 10 year olds about 5 - 7% (7.4% in 2003);

• For 10-13 year olds about 7 - 9% (9.3% in 2002; 9.0% in 2003);

• For 14-16 year olds 10 - 11% (11.3% in 2002; 11.4% in 2003).

(Source: NZ Police; Ministry of Justice; Maxwell, G. Crime and Justice Research Centre, Victoria University 2002).

6. Nearly 80% of youth offences are dealt with by the Police by "alternative action" through a diversionary approach, and do not result in a Youth Court appearance:

• Only 16% of cases are referred by the Police directly to the Youth Court. That is where the nature or amount of the offending is considered too serious to be dealt with by diversion.

• A further 8% of cases are referred to a Family Group Conference for consideration as to whether a charge should be laid.

• 76% of all cases are dealt with by diversion, written warnings or other community based approaches co-ordinated by Police Youth Aid.

(Source: Final Report "Police Youth Diversion", Crime and Justice Research Centre, Victoria University, Wellington, Jan 2002)

7. The number of Family Group Conferences for Youth Offenders has remained static over the last decade: about 6,500 per annum, but has recently risen:

• There were 6,806 FGCs in 1994/95 when the figures were first computerised. There were 6,831 in 2000/2001; 5,964 in 2001/2002 (perhaps a recording problem and not an actual drop) 6,529 in 2002/2003, and rising to 7,552 in 2003/2004.

• Court ordered Family Group Conferences arising from charges laid in the Youth Court rose from 3,113 to 3,990 from 1994/95 to 2000/2001. In 2003/2004 there were 3,547 Court directed FGC's.

• Family Group Conferences convened before prosecution in the Youth Court (intention to charge FGC's) dropped from 3,693 to 2,841 in the same period, but rose to 3,692 in 2003/2004.

• In the last 3 years the relative number of Court ordered Family Group Conferences and pre-charge Family Group Conferences have stabilised and have been about even.

(Source: Department of Child, Youth and Family Services)

8. Charges processed in the Youth Court have increased over the last 10 years, but have remained stable in the last 5 years:

• The number of charges processed in the Youth Court in 1990/91 was 8674.

(This is not the same thing as offenders, as one youth offender may face several charges)

• The number of charges processed in the Youth Court peaked in 1999/2000 at 15,588.

• The number of charges processed in the Youth Court dropped in 2000/01 to 14,209, and in 2001/02 to 13,754, and slightly increased to 13,934 in 2002/03.

(Source: Ministry of Justice; Department for Courts, 2002)

Claims that the workload of the Youth Court has tripled (e.g. Dominion Newspaper, 29 March 2002) are therefore without foundation and wrong.

Note: Only the most serious youth offending comes to the Youth Court. Only the most serious of those offences are transferred for sentence in the District or High Courts.

In the last ten years, though there have been fluctuations, there has been no change in that "transfer" figure: 254 young offenders were convicted in the District or High Court in 1991; 291 were convicted in 2001, 292 in 2002, and 255 in 2003.

Conversely, between 1994 and 2003 54% to 64% of charges in the Youth Court were the subject of a s.282 discharge (absolute discharge) usually following a successful FGC, or were not proved (63% in 2003).

(Source: Ministry of Justice)

9. Numbers of young persons in the Youth Court have dropped in the last 2 years even though the population has increased:

• There has been a significant decline in the Youth Court rolling 12-month volumes (of offenders), from 7602 in 2000 to 6947 in February 2002 and 6889 in February 2003.

• In February 2000, 728 offenders appeared in the Youth Court; in February 2002, only 537 appeared; and in February 2003, 588 appeared.

Note: This is still just under half the number of young offenders who appeared in the old Children and Young Persons' Court, which existed before the Children Young Persons and their Families Act,1989, was introduced.

(Source: Department for Courts)

10. There are huge regional variations in youth offending throughout New Zealand:

Far from youth offending increasing, in some areas it has significantly reduced.

This is usually due to good local practice and co-operation between government agencies and the community, and particularly because of pro-active and creative policing by the Police Youth Aid section.

D. Recent Police Statistics Relied Upon by the Media can be Misleading.

1. Police Statistics are based on "apprehensions" and are not offender based:

• An apprehension is not the same thing as a charge. There may be an apprehension without a charge being laid, e.g. for breach of bail conditions.

• Also police apprehension statistics do not represent a count of individual offenders.

[Note: there also appears to be greater targeting by the Police of "administration of Justice charges" and consequently significant increases in breach of bail charges and arrests for breach of bail conditions while on remand].

2. "Apprehensions" are not necessarily a reliable statistical indicator of Youth offending:

The number of apprehensions is heavily influenced by:

• The number of police officers available to police crime. Recorded offending falls when the ratio of police officers to the general population falls and increases when more officers are appointed.

• Improvements in police strategies, record keeping and intelligence gathering. These factors impact on the number of young people apprehended.

• Changes in charging practice.

Thus, an increase in apprehension rates does not necessarily show that offending has increased. A more reliable guide to relative serious offending can be found in the number of cases involving violence which are proven in Court and the differences in the penalties offenders are sentenced to over time.

3. Police Statistics, may include non-imprisonable traffic offences which do not come within the Youth Court jurisdiction

In using Police Statistics, care should be exercised that any increase in "apprehensions" is not attributable to the increase in non-imprisonable traffic offences such as careless driving, driving without a seat belt which are not even within the jurisdiction of the Youth Court.

E. Conclusion.

• Offending by young people should always be taken seriously and should concern any community. Many, but by no means all, young offenders are tomorrow's adult criminals.

• A young person who offends should be held accountable, must make amends to the victim wherever possible, and be dealt with so that the risk of reoffending is reduced as far as is possible.

• However, important and necessary recent public discussion about youth offending has been based on some misleading and incomplete statistics. It is important that the real position, as best we know it, is made clear so that sensible discussion can take place.

It has been rightly said that each generation unfavourably compares the young people of today with previous golden ages. However an analysis of the available statistics shows that the popular belief that youth offending is rapidly increasing and out of control is not actually accurate, and does not accord with the experience of those working with young people.

First Published April 2002.
Updated August 2003.
Updated December 2004.