JustSpeak launches an open letter calling for the youth justice system to include 17-year-olds

Today JustSpeak launched an open letter to Prime Minister John Key and justice sector Ministers Judith Collins, Anne Tolley and Chester Borrows calling for the youth justice system to include 17-year-olds. Currently, 17-year-olds are treated as adults within our criminal justice system.

“17-year-olds can't vote, buy alcohol or tobacco, or enlist in the military without consent,” says JustSpeak spokesperson Lydia Nobbs.

“The basis for these laws is that until 18, it is not appropriate to treat 17-year-olds as adults because they need guidance and protection. The same goes for the criminal justice system.”

“17-year-olds shouldn’t be tried in adult courts or held in adult prisons where they are exposed to more experienced offenders.”

The open letter was signed and launched today by 150 young people at JustSpeak’s annual Camp at Pipitea Marae in Wellington.

JustSpeak announced initial support for their open letter from UNICEF, World Vision, YouthLaw, the Howard League for Penal Reform Wellington, lawyer Moana Jackson, and youth law and criminology experts Professor John Pratt, Dr Nessa Lynch, and Dr Tracey McIntosh.

“Including 17-year-olds within the youth justice system is broadly supported by justice sector NGOs and experts,” says JustSpeak spokesperson Lydia Nobbs.

“New Zealand has a world leading youth justice system that is specifically designed to deal with young offenders. It holds young offenders accountable for their actions, while involving families in decisions and providing better options for rehabilitation.”

“The evidence shows that the youth justice system gets better outcomes than the adult justice system for victims, offenders, their families and the wider community. It costs the taxpayer less than the adult system and means our communities are safer.”

“There were approximately 10,000 apprehensions of 17-year-olds in 2012, so we know this change will make a difference to thousands of young people.”*

JustSpeak will be building support for this policy change among NGOs, experts, and community and sporting leaders over the coming months, before presenting this letter to Ministers.

*An ‘apprehension’ means that a person has been dealt with by the Police in some manner (eg a warning, prosecution, referral to youth justice family group conference) to resolve an offence. Apprehensions do not count distinct individuals, as a person apprehended for multiple offences will be counted multiple times in the data.

Open letter launched at 10.30am on Sunday 14 July 2013

The Right Honourable John Key
Honourable Judith Collins
Honourable Anne Tolley
Honourable Chester Borrows

Parliament Buildings
Wellington

Dear John, Judith, Anne and Chester

JustSpeak is a network of young people set up to speak out about criminal justice issues. We are writing to propose that 17-year-olds be included in the youth justice system.

In our criminal justice system, 17-year-olds are treated like adults. They are tried in adult courts and held in adult prisons. But 17-year-olds are not adults yet. They can't vote, buy alcohol or tobacco, or enlist in the military without consent. The basis for these laws is that until 18, it is not appropriate to treat young people as adults – they need guidance and protection.

New Zealand has a world-leading youth justice system that is specifically designed to deal with young offenders. It holds them accountable for their actions, while involving families in decisions and providing better options for rehabilitation. The evidence shows that this system leads to better outcomes for victims, offenders, their families and the wider community. It costs the taxpayer less than the adult judiciary system and means our communities are safer.

Including 17-year-olds in our youth justice system would ensure New Zealand meets its obligations under Article 1 of the United Nations Convention on the Rights of the Child and bring us in line with Australia, Canada, the United States and the United Kingdom.

There is also a scientific basis for treating teenagers and adults differently. Recent research into the development of teenage brains suggests that decision making and cognitive functions are not fully developed. That means it is all the more important that we make youth-specific solutions like Family Group Conferences available to 17-year-olds.

This change would make a world of difference to thousands of 17-year-olds that are tried every year in adult courts and held in adult prisons. It would make a difference to 17-year-olds like Joseph. Joseph is typical of many young people in the justice system - disengaged from education from an early age, parents that abuse drugs and alcohol, living in poverty and with few safe places to stay. Joseph committed an offence while under the influence of alcohol. Without the intervention of a community organisation in court, Joseph would have been sent to Rimutaka prison on remand after missing a probation appointment.

The youth justice system better recognises the reality of 17-year-olds like Joseph, by providing appropriate options and support and ensuring that they are not exposed to adult offenders. JustSpeak is committed to bringing 17-year-olds into the youth justice system. More resourcing will be needed to support our youth workers and advocates, but the gains are worth it. Many of our members work in the criminal justice sector, so we know first hand what a difference this will make. We will be building support across New Zealand for this important and long-overdue change.

John, Judith, Anne and Chester: make a stand for our young people. Include 17-year-olds in the youth justice system.

Yours sincerely

[Signed: 150+ JustSpeak Camp Attendees, and supporters]

ENDS

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