Criminal justice advocate Sir Kim Workman with his book, Journey Towards Justice. Photo / Wairarapa Times-Age
Criminal justice advocate Sir Kim Workman with his book, Journey Towards Justice. Photo / Wairarapa Times-Age
A proposed demerit point system for young offenders concerns some experts, as public submissions on the bill remain open until February.
The Oranga Tamariki [Youth Justice Demerit Points] Amendment Bill described the demerit system, stating it would "identify, deter, and penalise repeat offending", while also working to "increase accountability andtransparency within the youth justice system".
Wairarapa-born criminal justice advocate Sir Kim Workman said there were several reasons why the proposed bill was problematic.
"When I first saw it some time ago I was quite concerned with it, and I still am," he said, "What it seems to be trying to do is simplify the youth justice system."
The bill would result in young offenders being allocated points based on the severity of each offence, and the number of points an offender had would correlate to a pre-set consequence. Workman said it was similar to the driving demerit points system.
"But that relies on adults who make rational decisions about whether they want to break the law," he said.
The approach reminded him of the disciplinary system he saw as a police cadet 60 years ago. However, cadets chose to participate in training, and their abilities and backgrounds were assessed beforehand.
"[The bill] seems to have been designed by someone with a military background.
"We could function within the system," he said, "So the disciplinary approach worked."
The proposed bill did not address the "driving factors" behind most youth offending, Workman said.
Mental health issues, neuro-disabilities, physical or sexual abuse, drug and alcohol addiction, poor education, and poverty could have a significant influence on repeat offending.
"So to try to ignore that and just treat people of the basis of a seriousness scale is just looking for trouble."
Another issue with the bill was its lack of reference towards cultural and equity issues, he said. "There's absolutely no reference to the over-representation of Māori children in the system."
He said those who wrote the bill should look to the inquiry into abuse in care as an example.
"Because what they'd learn from that is that what they're doing is likely to increase the level of offending," he said.
"That's the problem when you're trying to simplify something that isn't simple."
Workman referred to his school days, when "naughty" students would embrace the label and create a competitive atmosphere, where the student who had been caned the most held a sort of status.
The bill did not address driving issues behind repeat youth offending, experts say. Photo / File
"I can see the demerit points becoming something like that."
Te Hauora Runanga o Wairarapa chief executive Ron Karaitiana, who has worked in the youth justice sector, said a holistic approach was needed.
"The key question is, are we reducing offending rates in New Zealand?"
He questioned whether a demerit point system would stop young people from succeeding and contributing to their communities as adults. The best approach was "one that we protect our youth so that they have a better outlook".
He agreed there was a need to address the factors which drove young people to offend: "These are the key drivers of committing crime in the whole world."
While the demerit system could disproportionately affect Māori, Karaitiana said this was due to social inequity issues that disproportionately affected Māori, such as poverty. "It's not a Māori problem."
Violence towards women and social isolation were two key aspects of Wairarapa's justice climate, he said.
"There are so many drivers [of offending] in Wairarapa," Karaitiana said.
"Our high gang rates play a part in terms of our offending.
"The question is, do we have the right services?"
However, overall we would not be impacted significantly differently to the rest of the country, should the bill become law.
The driving demerit points system often forced people to re-offend with increasing severity, Karaitiana said. "Because they can't afford to pay their fines, then they get disqualified."
While he did not think the bill's passing would impact work in the youth justice sector in Wairarapa, he also did not think demerit points were the solution to youth offending.
