Calls by Principal Youth Court Judge John Walker for a lawyer to be present when young or vulnerable people are being questioned by police are an urgent imperative for those with dyslexia or neurodiversities, says the Dyslexia Foundation of New Zealand.

Youth crime has been in the spotlight with recent high profile ram raids, and one of the root causes is disengagement from school, leading to youth finding community with similarly disengaged peers and turning to crime, says Guy Pope-Mayell, DFNZ Chair of Trustees.

“Sadly, it can be a very short road from dropping out of school to ram raiding the local shopping centre. There are lots of factors at play, from family circumstances to socio-economic disadvantages. But you can also be sure that a large percentage of youth in trouble with police have dyslexia or one form of neurodiversity or another,” he says.

Breaking the cycle starts with better support for dyslexic and neurodiverse students at school. For those who do come in contact with police, it is critical they get good support and advice.

“At present, youth can have a nominated support person with them when speaking with police, but support people of course are not necessarily well versed in the law. Combine that with a range of neurodiverse tendencies, including avoidance of eye contact and propensity to say yes to any question in order to end an uncomfortable situation, and it’s no surprise young people end up in court,” Pope-Mayell says.

“A better way forward is to ensure young people get legal advice, which may help them manage their way out of trouble and into positive rehabilitation,” he says.

DFNZ fully supports Judge Walker’s calls for there to be a lawyer present when any young or vulnerable person is being questioned, or having a statement taken by the police.

Judge Walker, in the lead editorial in the latest issue of Court in the Act, questions whether the current nominated persons system adequately provides the necessary special protections for inherently vulnerable children and young people.

“Compared to a lawyer, nominated persons often lack a full understanding of the young person’s rights. They likely will not know when to correct enforcement officers who give inaccurate advice or when to intervene where inappropriate questions are being asked. They may not understand the serious jeopardy that a young person could be facing, particularly where complex legal matters such as party liability for group offending are relevant,” Judge Walker says.

He says it is time to consider whether the nominated person option remains fit for purpose, and that legal representation and communication assistance should be available for all interactions with the justice system, not just inside the court room.

“The inherent vulnerability of children and young people in one of the very first steps in the youth justice process – police questioning – is explicitly recognised in the Oranga Tamariki Act. It is well known by now that young people, by virtue of their age, have an underdeveloped brain. Certain traits such as lower executive functioning and risk assessment skills influence both the behaviour that brings young people to the attention of the police and their behaviour when they interact with the justice system. In recognition of this developmental immaturity and vulnerability, young people are statutorily entitled to special protections in the course of police questioning.

“In addition to having generally underdeveloped brains, the cohort likely to be questioned by police on serious charges are high-needs young people who often experience complex issues such as neurodisabilities, mental health issues, substance abuse problems, impacts of childhood trauma, or a combination of all these factors.

“Neurodisabilities (ranging from autism, foetal alcohol spectrum disorder, ADHD, dyslexia, and acquired brain injury and others) in particular are likely to impact on a young person’s ability to understand the legal system and the choices they have within it. Young people with neurodisabilities may struggle to understand the language used during police questioning, such as the legal terminology used to describe the charges they are facing and the implications of those charges.

“They may be particularly hypersensitive in stressful situations, which heightens the risk of inaccurate statements or false confessions. They may have difficulties processing information, including explanations of their rights or details of the allegations made against them. Nominated persons themselves may experience similar vulnerabilities or other challenges which affect their ability to effectively advocate for a young person,” Judge Walker says.

Judge Walker says adults have the right to have a lawyer present for interactions with police, so why “should it be possible for our most vulnerable young people to have less protection than an adult when being questioned by police?”

“It may be time for the Oranga Tamariki Act to require the assistance of a lawyer before any statement by a young person is admissible in court,” he says.

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