The bill criminalises ram raiding and allows children to appear before the Youth Court
The New Zealand Law Society (NZLS), in a statement, has voiced its opposition to the Ram Raid Offending and Related Measures Amendment Bill, claiming it could potentially breach children’s rights.
NZLS made a written submission to the Justice Select Committee opposing the Ram Raid Offending and Related Measurers Amendment Bill. The proposed legislation introduces a new offence that criminalises ram-raiding, allows 12 and 13-year-old offenders to appear before the Youth Court and adds new aggravating factors to the Sentencing Act 2002.
NZLS spokesperson Dale Lloyd said that the new bill intended to target ram raid offending by children and young people, specifically, is inconsistent with children’s rights.
While acknowledging public concern about such offences, Lloyd highlighted the bill’s potential negative impact on children’s capacity for decision-making and the well-documented harms associated with early exposure to the criminal justice system.
“The Law Society opposes the Bill as it creates a pathway that allows children aged 12 and 13 to be prosecuted in the Youth Court even if it is their first-time offending,” Lloyd said.
Lloyd emphasized that creating a new offence for 12 and 13-year-old offenders is not an age-appropriate response and highlighted the importance of evidence-based responses and therapeutic interventions to address such behaviour.
The current system prosecutes 12 and 13-year-olds in the Youth Court for serious offences, with a maximum penalty of 14 years imprisonment. In contrast, the new ram-raid offence proposes a maximum sentence of 10 years imprisonment.
“This is an egregious lowering of that threshold, based on sentiment rather than evidence,” Lloyd explained. “We know therapeutic interventions can address this behaviour and reduce reoffending. Many communities and organizations across Aotearoa are working to do just that.”
The NZLS encouraged resisting any “creep” downward of the minimum age of criminal responsibility. The United Nations Committee on the Rights of the Child has also indicated the minimum age of criminal responsibility should be raised to at least 14 years of age, regardless of offence.
NZLS noted that the new offence would apply to adult offenders and suggested the underlying policy intent of the bill could be achieved through existing law, noting that each of the elements of a ram-raid already constitutes an offence.
NZLS urged Parliament not to reinstate the bill and to seek further advice from officials and those working in the community to address offending by children and youth. Furthermore, the NZLS said that if the bill proceeds, substantial redrafting is required. NZLS plans to make an oral submission to the Justice Select Committee when Parliament resumes.
Source: thelawyermag.com
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