Little backs court for young adults
A dedicated court for young adults with neurodisabilities is being considered by the District Court.
Justice Minister Andrew Little said he learned of the proposal last week and supported it in principle, but wanted to see robust evidence before giving it the green light.
Chief District Court Judge Jan-Marie Doogue and principal Youth Court Judge John Walker have been monitoring the ‘‘mounting evidence’’ about the impact of neurodisability, mental illness, intellectual disability and acquired brain injury on young offenders.
Judge Doogue said they had been talking to the Ministry of Justice about the ‘‘potential’’ for designing a young adults’ court to address procedural fairness for 18 to 25-year-olds with neurodisabilities.
‘‘They are at a very early stage in exploring the shape of, feasibility and resourcing for such an approach. Any decisions are likely several months away.’’
Childhood neurodevelopmental impairments are caused by disruption in the development of the brain and nervous system, with effects on cognition, communication and emotional regulation.
They include learning or intellectual disability, communication disorders, attention deficit hyperactive disorder (ADHD), foetal alcohol spectrum disorder (FASD), and traumatic brain injury.
In an August statement, the judges said the Youth Court had well-developed processes to respond to the ‘‘complex needs’’ of young people who often had neurodevelopmental impairments, but such processes did not extend to the adult court.
‘‘These disabilities are fixed and do not stop when a young person reaches 17 and enters the District Court,’’ Judge Walker said.
Judge Doogue said defendants needed to be able to understand what was happening and be able to fully participate in a court hearing.
‘‘We cannot treat all young adults like they are fully developed adults,’’ Judge Doogue said.
Any changes would not require legislative amendments and would not affect sentencing, which already takes age and disabilities into account, she said.
Among the evidence reviewed was research by British academic Professor Nathan Hughes, who met Justice Minister Andrew Little, Minister for Children Tracey Martin, Children’s Commissioner Andrew Beecroft, and Walker last week.
Hughes’ research of young people in custody in several countries confirmed they had a higher prevalence of neurodevelopmental disorders than their peers in the general population.
He found more than 60 per cent of young offenders had significant communication disorders that affected their academic achievements and social interactions, compared to just 5 to 7 per cent of the general population.
Without appropriate support, such young people were far more likely to suffer from mental health disorders, including self-harm, and end up in prison.
Hughes said news a youth court was being considered in New Zealand was ‘‘incredibly exciting’’ as the current model was often unfair for those with neurodisabilities.
Children’s Commissioner principal adviser Dr Sarah Hayward said the justice system should be geared to meet the needs of young people with neurodevelopmental impairment or it would continue to fail in crime prevention.
‘‘As long as the system remains blinkered we’ll continue to be punitive rather than actually addressing the underlying forces or taking a rehabilitative approach, which we know is more effective.’’
The foster mother of a boy with FASD, who did not want to be named, said she fought for three years to have him diagnosed.
‘‘We were keen to get him a diagnosis before he hit adolescence because we saw the potential for him to get into trouble with the law.’’
Without a diagnosis, her son, now in his teens, was labelled by teachers as ‘‘just naughty’’ and missed out on appropriate support.
‘‘Any decisions are likely several months away.’’
Chief District Court Judge Jan-Marie Doogue