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

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