Chief children’s commissioner Claire Achmad is demanding action on the high number of young people remanded in custody and is concerned about the lengthy time periods some are detained for.
The latest figures obtained by 1News under the Official Information Act show at least 10 teenagers spent more than 200 days remanded in a youth justice residence, including two who spent more than 500 days inside. The figures are for the 2022/23 financial year.
“Anytime on remand must be as short as possible, so we do need to ensure better decision-making processes, better support for these young people that’s going to limit their time on remand,” said Achmad.
But unlike for adults, the law doesn’t allow a young person’s time remanded in custody to be counted towards a sentence, although the judge can use their discretion. The commissioner said this seems unfair and is looking into it.
The issue is also part of a petition presented to parliamentarians this week by advocate Christine McCarthy.
"We are getting to a situation where there are some young people who are spending one, almost two years on remand, and this is often when they are teenagers. This is a time when they are creating their identity. And we don’t really want to have young people with an identity that they are prisoners, that they are criminals, because that has huge ramifications for how they spend the rest of their lives,” said McCarthy.
Oranga Tamariki runs five youth justice residences across the country. They were meant to be for young offenders serving sentences, but the vast majority of those placed there are waiting to appear in court.
The agency reports that on average 158 young people a day were in youth justice custody, in the six months from May to November last year.
On average 88% were on remand and 12% were serving a custodial sentence.
“It’s unacceptable we’ve got over three quarters of young people in youth justice residences on remand and I’m looking to see action on that,” said Achmad.
One young woman who didn’t want to be named, spent three and a half a months in a youth justice residence last year before being discharged without conviction.
She described it as a “child prison”.
“You’re not allowed down the corridor on your own, you have to be in line of sight, cameras everywhere. There are like 20 cameras down each hallway. The bedrooms – concrete beds that’s what we have,” she told 1News.
The Children’s Minister Karen Chhour is seeking in advice on the long time periods spent on remand.
Oranga Tamariki said part of the reason is court time frames and processes, like reports being prepared for complex cases.
Deputy chief executive Tusha Penny said most young people on remand have breached a community bail order.
“Very few children and young people (except for those who have committed the most serious of offences) are remanded without having first attempted and breached a community-based offering,” said Penny.
To reduce remand numbers in the residences, Oranga Tamariki has promised more community homes. Some have been set up, but the children’s commissioner said not fast enough.
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