Protective Measures for Children Accused or Convicted of Serious Crimes

Abstract

Most offences committed by children are minor to moderate in seriousness, and it is largely accepted that the response should be primarily tolerant and reintegrative. Children who commit serious offences pose conceptual challenges for norms of youth justice and are an understudied group of children both in the scholarly literature and international human rights guidance. Such children are likely to have complex and multiple needs and risk factors, and measures must also be cognisant of public safety and the interests of potential future victims. This chapter considers the profiles of children who are accused or convicted of serious crimes and considers what protective measures might minimise harm to such children. Specific case studies, generally from New Zealand, but of wider application, are employed to consider appropriate protective measures for these children.