Penal Responses to Children Who Commit Homicide: A View from the Southern Hemisphere

Abstract

This chapter critically analyzes the legal responses in Aotearoa New Zealand and Australia to children who commit very serious offences. We use homicide as a case study. Aotearoa New Zealand is a single jurisdiction, while Australia is made up of states and territories with separate youth justice systems. Although individual jurisdictions differ in the guiding principles and penal responses available in their youth justice systems, some discernible trends may be noted in treatment of homicide cases. Children from the age of 10 may be tried in adult courts using adult criminal procedure; children are liable for adult sentences, including indeterminate sentences. There is a longstanding disproportionate impact on Indigenous children, yet this remains unaddressed by policy and practice. This chapter calls for reforms to better align responses with international human rights standards and the developing contemporary scientific evidence on brain development. Show more