Youth Remand to the Police Cells: Proposals for Change

35 Pages Posted: 12 Jul 2019

See all articles by Harrison Cunningham

Harrison Cunningham

Victoria University of Wellington, Faculty of Law, Student/Alumni

Date Written: July 4, 2017

Abstract

Young people in the youth justice system are being remanded to the Police cells when the Youth Court feels there is no other safe place for them. Conditions in the Police cells are unacceptable, with young people being detained in solitary confinement with no access to educational or rehabilitative programmes, a lack of privacy, poor quality food, no ability to shower, and no facilities allowing for visitation. There are a number of potential measures which can address this problem. The usage of bail should be increased, conditions such as electronically monitored bail and supported bail should be used with greater frequency, and bail accommodation should be further investigated. Where possible, young people should be remanded to the nearest Youth Justice Residence, however logistical concerns may make this option unnecessarily stressful and arduous for the young person and risk removing them from whānau support. The option of remand to the Police cells should be abolished and replaced with the power for the Youth Court to remand a young person to adult prison.

Keywords: Youth justice, bail, Oranga Tamariki, remand

JEL Classification: K00

Suggested Citation

Cunningham, Harrison, Youth Remand to the Police Cells: Proposals for Change (July 4, 2017). Victoria University of Wellington Legal Research Paper , Available at SSRN: https://ssrn.com/abstract=3415212 or http://dx.doi.org/10.2139/ssrn.3415212

Harrison Cunningham (Contact Author)

Victoria University of Wellington, Faculty of Law, Student/Alumni ( email )

PO Box 600
Wellington, Victoria 6140
New Zealand

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