Young Serious Offender declaration

Practice framework

Te Toka Tūmoana

Va'aifetū

Practice standards

Our practice tools and resources

The declaration provides options for interventions, including:

• longer Supervision orders (up to 18 months) and Supervision with Activity orders (up to 12 months)
• an order to attend a Military-Style Academy (MSA)
• curfew and electronic monitoring conditions that can be part of Intensive Supervision or Supervision with Activity orders
• more intensive monitoring, including judicial monitoring
• the removal of early release from a Supervision with Residence order (3 to 6 months)
• the removal of all further mandatory family group conferences (except those required to determine custody and care arrangements when matters are denied, or at the court’s discretion under section 281B).

Police will have powers to arrest without warrant for non-compliance with specified conditions of a Young Serious Offender order or a breach of bail conditions.

A Young Serious Offender declaration lasts for 2 years, with scope for a judge to discharge, set aside or vary. It can also be extended for 1 further year (up to a maximum of 3 years) if there is further offending.

Our work relating to a Young Serious Offender declaration

We must complete an assessment report that contains discussion and analysis of:

• the factors both for and against a Young Serious Offender declaration, including:
  • the likelihood of the rangatahi reoffending
  • evidence of the outcome of previous interventions
  • whether a Young Serious Offender declaration is necessary to promote compliance with the orders made
• the least restrictive option for the rangatahi while still balancing the oranga of the rangatahi, public safety and interests, the interests of any victims, and the accountability of the rangatahi for their offending
• the requirements of the section 334 report as set out below.

The coordinator must tick the box on CYRAS to indicate that the family group conference will consider a Young Serious Offender declaration.

Policy: Assessment

Assessment report

Practice leaders or family group conference team leaders can seek Intensive Youth Service Initial Response support as needed by contacting yso@ot.govt.nz

Intensive Youth Justice Response

We support rangatahi to seek legal advice from their own lawyer.
Appointing a youth advocate for an intention-to-charge family group conference – section 248A

The conference will:

• support the rangatahi and their whānau and family to understand what a Young Serious Offender declaration means, including the orders, sanctions and support that is available
• explore available responses to address the offending of the rangatahi
• consider the need to balance the oranga of the rangatahi, public safety and interests, the interests of any victims, and the accountability of the rangatahi for their offending
• develop a plan that considers both scenarios: if the court makes the declaration, and if it does not.

If the offending is denied or the family group conference is unable to agree on what decisions, recommendations or plans should be made in relation to the offending, the conference may develop an interim plan until the next court date to address the oranga of the rangatahi and custody and bail issues without assuming the rangatahi has committed the alleged offence.

Following family group conference, the youth justice coordinator files the family group conference decisions and recommendations in court.

Policy: Convening the youth justice family group conference

Policy: Holding the youth justice family group conference

Policy: Youth Court

Section 334 report by social worker

Where the family group conference plan recommends an order under section 283, the court will direct a report from a social worker to provide additional information.

The court:

• may request a section 334 report before making an order under section 283(a) to (j)
• must request a section 334 report before taking any of the following actions: 
  • making a Young Serious Offender declaration under section 320J
  • making an order under section 283(ja) to (o)
  • making an order under section 296G (intensive supervision order)
  • making an order under section 296FB(3) (Police application for further orders if a rangatahi who is a Young Serious Offender has failed to comply with specified conditions)
  • making an order extending a Young Serious Offender declaration under section 320O
  • varying a Military-Style Academy order under section 320ZB or 320ZC.

Our section 334 report will be informed by our assessment report and the decisions, recommendations and plans of the family group conference.

It will articulate our understanding and analysis of:

• the personal history, social circumstances and personal characteristics of the rangatahi as relevant to their offending and any order the court may make
• the causes underlying the offending by the rangatahi and measures available to address those causes
• the response of the whānau or family to the rangatahi and their offending
• the likely impact on rangatahi and whānau or family of proposed orders and conditions, including electronic monitoring of curfew and military-style academy orders
• steps taken or proposed by the rangatahi or their whānau or family to make reparation or apologise to the victim of the offending
• the effect of the specified offences on any victim of the offence, and their views about appropriate recommendations, and the need for reparation to be made to that victim
• the factors both for and against a Young Serious Offender declaration, including:
  • the nature and circumstances of their offending
  • the attitude of the rangatahi to the offending
  • what section 283 interventions have been tried to address their offending behaviour, whether these interventions have been successful, and if not, why not
  • any breaches of bail conditions imposed in respect of any offending by any court
• any additional information directed by the court.

Section 335 plan

A section 335 plan must accompany the section 334 report where an order under section 283(ja), (jb), (jc), (k), (l), (m) or (n), (na) or section 296G is proposed.

The section 335 plan will detail how we will implement the proposed order, including:

• the care arrangements for the rangatahi for the time they are in the custody, or under the supervision of the chief executive or any other person or organisation and how they will be managed
• how the assessed needs that underpin offending behaviour will be addressed
• the nature of any programme that would be provided to the rangatahi during that period.

At the time the plan and report are directed by the court, we seek an indication from the court about sentencing. This enables the social worker to file a section 335 plan aligned with the orders indicated by the court.

The social worker can also make recommendations outside of what the court has requested. If these recommendations do not require a plan, only the plan required by the court needs to be filed.

Our work relating to a Young Serious Offender declaration – court report

Sometimes the needs and circumstances of a rangatahi may change while on a Supervision with Residence order or a Military-style Academy order. Any changes to their plan requires an application to the Youth Court to vary that plan.

Policy: Youth Court – Application to vary a plan

The care standards apply if the rangatahi is in the care or custody of the chief executive.

Intensive Youth Justice Response

The Intensive Youth Justice Response consists of:

• support targeted to assist the allocated social worker and family group conference coordinator through the declaration process
• an assessment that builds and deepens our understanding with the rangatahi and their whānau or family
• initial safety and support planning with the rangatahi and their whānau or family to promote bail compliance and reduce further offending
• identifying at the earliest stage the key people to form a multidisciplinary team.

The youth justice social worker works with the following people to provide intensive, focused, coordinated interagency support for the implementation and monitoring of the section 335 court plan approved by the court:

• their supervisor and regional practice leader
• the Intensive Case Management Team, where available
• the Youth Serious Offender practice leader, when necessary
• the care and protection social worker and supervisor, where relevant.

Our intensive response is articulated in an Intensive Youth Justice Response case management plan.

Intensive Youth Justice Response case management plan

The Intensive Youth Justice Response case management plan responds to the orders and conditions made following the Young Serious Offender declaration. The plan:

• specifies how we will deliver an intensive response
• details roles and responsibilities for defined actions, resources, services and advocacy to support the social worker to implement and monitor the section 335 plan
• details timeframes for achieving the specified actions.

In areas without an Intensive Case Management Team, site kaimahi deliver the intensive social work. Where this occurs, supervisors must assess social work capacity and adjust workload accordingly to enable them to deliver an intensive social work service.

Visiting

Regular in-home visits provide insight into the current situation and allow for responsive, adaptive support.

At a minimum, the social worker:

• visits the rangatahi weekly where they are living or more often if needed, especially during the initial phase
• maintains weekly contact with the whānau or family – and home support person (sponsor) where relevant – or more frequently as required.

All visits are recorded in CYRAS using clear headings.

If the rangatahi is in the care or custody of the chief executive, visits must occur at least weekly to meet the intensive response visiting requirements but may occur more often based on our assessment of their visiting needs.

Intensive Youth Justice Response

Curfew

A curfew can be imposed on a rangatahi alongside a Young Serious Offender Supervision with Activity order under section 308AA(1) of the Oranga Tamariki Act 1989.

A curfew requires the rangatahi to be at a specified address during their curfew hours. It is part of a plan to support behavioural change, promote safety and provide structured boundaries while keeping the rangatahi within their community.

Electronic Monitoring of Curfew

In addition to imposing a curfew, an Electronic Monitoring of Curfew condition can be imposed by the court under section 308AA(6) to support compliance with the curfew.

This is different from intensive supervision with curfew or electronic monitoring of bail conditions (section 296J or 296K).

Difference between Electronic Monitoring of curfew and Electronic Monitoring of bail (PDF 55 KB)

Monitoring curfew and electronic monitoring of curfew for Young Serious Offenders

Orders and monitoring for the Youth Court

Military-Style Academy order

Rangatahi who have a Young Serious Offender declaration can be sentenced to a Military-Style Academy order.

Rangatahi complete a highly structured residential phase under a Military-Style Academy order (section 320S) followed by a community phase supported by a supervision order (section 283(k)).

While the rangatahi is subject to the Military-Style Academy order and placed in the residential setting, they are in the custody of the Oranga Tamariki chief executive.

When we are considering a Military-Style Academy order, we contact yso@ot.govt.nz to seek support and guidance before recommending this option.

Military-Style Academy order

A rangatahi on a Young Serious Offender declaration that is about to end can be placed on back-to-back supervision with activity orders if:

• they reoffend or fail to comply with conditions of a Young Serious Offender order
• a section 311 supervision with residence order is cancelled by the court
• a Military-Style Academy order is cancelled by the court.

The first order would be a Young Serious Offender supervision with activity order (section 320RA(2) or 320RB(2)).

The subsequent order would be a standard (non-Young Serious Offender) section 307 supervision with activity order.

The total length of both supervision with activity orders cannot exceed a period of 6 months.

Extension

An application to extend the term of a Young Serious Offender declaration can be made by Police.

A Young Serious Offender declaration may be extended once for a maximum of 1 year if a further specified offence occurs that meets the criteria, and the Youth Court is satisfied that it is necessary to:

• reduce the risk of further offending
• promote compliance with any orders under section 283 in respect of the rangatahi.

However, a Young Serious Offender declaration may not be extended beyond the rangatahi turning 19 years or if the extension means the length of declaration will be more than 3 years.

Reduction or early discharge

An application to reduce or discharge the term of a Young Serious Offender declaration can be made by:

• the rangatahi
• their lawyer or youth advocate
• a parent, guardian or carer of the rangatahi
• the chief executive.

An application for discharge can be made under the following compassionate grounds:

• the rangatahi has given birth, or is expected to soon give birth
• the rangatahi is seriously ill and unlikely to recover
• a parent or guardian of the rangatahi is seriously ill and unlikely to recover.

An application for reduction can be made:

• once after the Young Serious Offender declaration has been in force for 12 months, and/or
• once after the Young Serious Offender declaration has been in force for 18 months.

The court may reduce the term of a Young Serious Offender declaration if it is satisfied that:

• there is a low risk that the rangatahi will reoffend, and
• the Young Serious Offender declaration is not required to promote compliance with orders.

Set aside

A Young Serious Offender declaration is set aside if a charge proved against the rangatahi that was relied on in applying for the Young Serious Offender declaration is quashed on appeal.

Expiry

The declaration expires when the rangatahi reaches the age of 19, or when the term has expired.

Assessment report when declaration set aside, considered for discharge or reduced

We must complete an assessment report to set out our social work reasoning on what should happen when a Young Serious Offender declaration is being set aside, considered for discharge or reduced.

Our report will articulate the understanding we have built about offending, safety and protection of the rangatahi and others, and must provide a well-reasoned pathway for what should happen next.

We should consult with the Young Serious Offender practice leader whenever additional support, guidance and advice is needed.
Email: yso@ot.govt.nz