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Home / New Zealand

More absconding youth on electronically monitored bail linked to younger offenders

Adam Pearse
By Adam Pearse
Deputy Political Editor·NZ Herald·
28 Jul, 2022 05:00 PM6 mins to read

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Store owners and locals fight back against attempted jewellery thieves of the About Time jewellery & watch store on Remuera Rd. Video / NZ Herald

More than 100 young people, many linked to the rise in high-level repeat offending by young criminals, have absconded while on electronic monitoring in the past 12 months — an increase of more than 200 per cent in five years.

A prominent youth worker says the surge in absconding is likely due to offenders getting younger, prompting a call for harsher punishment for recidivist lawbreakers as Auckland continues to be plagued by brazen ram raids and smash-and-grab robberies.

Data released exclusively to the Herald shows 108 absconding incidents — usually meaning someone has removed their tracker — by 262 people aged 12-17 who were on electronically monitored (EM) bail in the 2021/2022 financial year.

That's up from just 32 incidents recorded in 2017/18 in a population of 120 youth on EM bail, and an increase from the previous year — up from 58 incidents from 168 youths.
Incidents were more frequent in 2019/20 and 2020/21 (99 and 58), however the rate of absconding based on the number of youths on EM bail in those periods was higher than in 2021/22.

While an absconding incident could also include a tracker not being charged and a connection error, the Herald understands most involved a person removing their tracker without approval.

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Businesses, particularly in Auckland, have been tormented by young criminals in recent months with spikes in ram raids and smash-and-grabs — sometimes carried out by the same offenders.

On Monday, members of the public bravely fought off thieves — one armed with an axe — as they tried to rob a watch shop, About Time, in the Auckland suburb of Remuera.

In the six weeks between the end of May and mid-July, at least 12 jewellery store smash-and-grabs had occurred, the Herald reported earlier.

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Stephen Boxer (left) shakes hands with former NZ governor-general Sir Jerry Mataparae at Government House in Wellington in 2014. Photo / Supplied
Stephen Boxer (left) shakes hands with former NZ governor-general Sir Jerry Mataparae at Government House in Wellington in 2014. Photo / Supplied

Stephen Boxer, founder of a programme supporting young people on EM bail, suspects absconding has increased after an apparent lift in younger offenders — around 14-15 years of age — being placed on EM bail.

"We're seeing a lot more younger ones coming on EM bail, who haven't been in the judicial system very long and they do test the waters," he said.

"They're testing the system as much as they can, whereas if you're 16-17 years old you've been in the system a while, you start getting sick of it and it's time to change your ways."

Boxer said EM bail was useful in its ability to restrict someone to a certain residence, which sometimes enhanced potential for change.

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"It has become a really good tool within the justice system to keep them in the community as opposed to in [youth justice residences] because there's a lot more cost involved when they get locked away."

While youth crime is reportedly going down, the number of youth on EM bail was more than double compared with four years ago.

National Party justice spokesman Paul Goldsmith. Photo / NZME
National Party justice spokesman Paul Goldsmith. Photo / NZME

National Party justice spokesman Paul Goldsmith said the absconding figures were evidence EM bail was not suitable for some offenders, citing the reducing number of young people being sent to YJRs.

In 2011, 142 youths were sent to one of New Zealand's five YJRs for three months, and a further 30 were inside for longer than three months.

Ten years later, that had reduced to 46 and eight respectively.

"[EM bail] is a form of holding those offenders to account which is being used more widely and it seems to me, if you're going to do that, you should be focusing on making sure they don't abscond," Goldsmith said.

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"We're wanting to see a firmer response so we can reduce the number of victims of crime."

He echoed a sentiment expressed often by crime-hit business owners that little was being done to punish repeat offenders. "That's what I think what frustrates people is that among the worst of offenders, there is a sense of impunity."

Corrections Minister Kelvin Davis. Photo / NZME
Corrections Minister Kelvin Davis. Photo / NZME

Kelvin Davis, Minister of Corrections and Minister for Children, strongly denied that position. "The Opposition may want to [put] young kids behind bars but I do not believe that is the best approach," he said.

Davis considered the proportion of those absconding had stayed relatively stable in the past three years and he was confident in the ability of Corrections, Oranga Tamariki and police to monitor youth on EM bail.

People are placed on EM bail while awaiting a court hearing. It is one alternative to being placed in prison or in a youth residence (youth prison) if the person is younger than 17.

Youth on EM bail, managed by Corrections, police and Oranga Tamariki, are housed at an approved address decided by the courts, often with specific conditions on their movements imposed according to their personal circumstances.

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All absconding incidents were reported to police. Repeat absconders risked being arrested and must appear before a judge who would decide if EM bail should continue.

Many youth on EM bail participated in supported bail programmes with the aim to help them comply with bail conditions and reduce the risk of re-offending.

Police have stated children as young as 11 have taken part in ram raids. Photo / Hayden Woodward
Police have stated children as young as 11 have taken part in ram raids. Photo / Hayden Woodward

"While our focus is on supporting young people to change their behaviours and reduce re-offending, victims are also at the centre of our concern," Corrections acting national commissioner Ben Clark said.

"We are committed to working with our justice sector to prevent further harm to those who have been the victims of crime and stop others being harmed by new offending."

Youth advocate and criminal lawyer Dana George raised several reasons why more youth could be on EM bail, but acknowledged her views were based on anecdotal evidence.

In particular, George referenced the relatively high numbers of people on EM bail and absconding incidents in 2020 and 2021 as potentially linked to the impact of Covid lockdowns.

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"What I'm seeing in youth court are young people who are a bit marginalised or are disengaging. They were lost in Covid-19 and haven't returned to school or alternative education."

While she accepted crime-hit business owners might feel aggrieved, George believed supporting youth through programmes with quality mentors was the right approach to reduce offending.

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