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Home / New Zealand

Heated debate over lowering age of criminal liability

By Maggie Tait
1 Aug, 2007 03:25 AM3 mins to read

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Ron Mark

Ron Mark

KEY POINTS:

Children's Commissioner Cindy Kiro and New Zealand First MP Ron Mark clashed today in a heated exchange about lowering the age of criminal liability.

Parliament's law and order select committee is considering Mr Mark's member's bill, the Young Offenders (Serious Crimes) Bill, which would lower the age of
criminal responsibility to 10 - although he has agreed to amend that to 12.

Dr Kiro last week made a submission opposing the bill and today returned to the select committee to answer further questions.

Mr Mark took her to task and did not accept the current law - where youth offenders could be referred to district court for serious offences - was adequate.

He said he knew of a youth rapist who was not sent to adult court.

Dr Kiro said 60 young people a year were jailed for crimes such as rape.

In her answer she misnamed Mr Mark as Mr Marks before he testily corrected her.

Dr Kiro said Mr Mark's bill would not address the case he raised which could be referred to adult court.

Mr Mark was not happy and launched into a comment about Dr Kiro's position but was interrupted by committee chairman Martin Gallagher: "I am going to make the point Mr Mark that we are here to ask robust questions, what I can't allow and will not allow to happen, is there's a debate."

Mr Mark said it was not fair to stop him commenting when Dr Kiro was allowed to make "lengthy statements".

He said he was concerned that her views would be reported in the media without being "countered with the facts, for example she didn't say at all that the offender could have a choice as to whether the offender could go to the district court".

Mr Gallagher asked both sides to keep focus.

National MP Simon Power commented that if the commissioner was being asked to give short answers then questions should be short too.

"And then once the answer is given perhaps we could listen to it?"

Mr Mark launched back into questioning Dr Kiro asked if she was "deliberately ignoring" and "ignoring" that the status quo did not allow police send cases straight to district court.

He was cut off by Mr Gallagher who decided to "curtail" Mr Mark.

Last week Principal Youth Court Judge Andrew Becroft said Mr Mark's bill was abysmally drafted and would effectively abolish the Youth Court and end family group conferences.

Dr Kiro said Mr Mark should review the judge's submission if he was unclear.

But Mr Mark was not satisfied and continued to argue until Mr Gallagher asked him to ease off but he got back into it.

Dr Kiro suggested he talk to the judge again.

Mr Mark then grilled her about what she knew of other submissions. She said she did not know about a March 2002 police statement in support of lowering the age of criminal liability.

Mr Mark retorted: "There's a number of things you are clearly not aware of."

Labour backed the bill's first reading under its deal with NZ First after the election but is unlikely to continue to support it.

- NZPA

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