Neurodisability in the Youth Justice System in New Zealand: How Vulnerability Intersects with Justice

Dyslexia Foundation of New Zealand. Summarising the Contributions of Participants at the 2016 Neurodisabilities Forum, Hosted by DFNZ in Wellington, 12 May 2016

Victoria University of Wellington Legal Research Paper No. 16/2018

25 Pages Posted: 2 Nov 2017 Last revised: 27 Feb 2018

See all articles by Nessa Lynch

Nessa Lynch

Victoria University of Wellington, Te Herenga Waka - Faculty of Law

Date Written: May 30, 2016

Abstract

On 12 May 2016, the 2016 Neurodisabilities Forum was held in Wellington to discuss the issue of neurodisabilities in the youth justice system. This report provides background and context to the issue of how the justice system interacts with young persons with neurodisabilities, summarises the discussion of the Forum, and makes key recommendations for action. These recommendations include raising the age of penal majority, and introducing a ‘refer down’ mechanism to allow case-by-case consideration, care and protection for people with neurodisabilities who are vulnerable in the justice system to be transferred to the Youth Court. The author concludes that where young persons with neurodisabilities commit criminal offences, they should be held accountable, but this must be done in a manner that they understand and reflects they disability.

Keywords: Neurodisabilities, Criminal Law, Youth Justice, New Zealand

JEL Classification: K00, K10, K14, K40

Suggested Citation

Lynch, Nessa, Neurodisability in the Youth Justice System in New Zealand: How Vulnerability Intersects with Justice (May 30, 2016). Dyslexia Foundation of New Zealand. Summarising the Contributions of Participants at the 2016 Neurodisabilities Forum, Hosted by DFNZ in Wellington, 12 May 2016, Victoria University of Wellington Legal Research Paper No. 16/2018, Available at SSRN: https://ssrn.com/abstract=2869502

Nessa Lynch (Contact Author)

Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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