In the New Zealand Criminal Justice system, when a person is 18 years old or over and they have been charged with an offence, they must attend a hearing in the District Court. When a child aged 12 to 17 is charged, they will usually appear in the Youth Court.

The key difference between these two courts is that the District Court is a more formal environment that treats defendants as fully functioning adults.

The Young Adults List (YAL) is a new initiative that was proposed by Judge John Walker in 2019 and pioneered in the Porirua District Court in 2020. Judge Walker wanted young adults outside of Youth Court jurisdiction to have assistance in navigating the justice system as, the reality for many young adults aged over 18, is that they face barriers that prevent them from fully engaging in and understanding the court process.

Objectives of the Young Adults List

The objectives of the YAL are to ensure that young adults are:

  • Able to fully engage and participate in the court processes;
  • Able to understand the implications of all stages of the criminal process; and
  • Given the opportunity to be referred to the right interventions.

A high proportion of offending youth have acquired brain injuries, intellectual disabilities, fetal alcohol spectrum disorder (FASD), or neurodevelopmental disorders. The Young Adult List suggests that the presence of such disabilities, along with the fact that the young brain is still developing, means young adults should be entitled to special consideration.

Where is the Young Adults List Held?

The Young Adults List is currently available in only four District Courts:

  1. Porirua District Court
  2. Gisborne District Court
  3. Hamilton District Court
  4. Whangārei District Court

The YAL requires significantly more resourcing than the normal process. It is planned that this will eventually expand nationwide, with Kaitāia District Court and Kaikohe District Court already being involved in discussions of introducing the List.

Am I eligible for the Young Adults List?

To be eligible to apply to the YAL you must meet all the following criteria:

  • You must be between 18-25 years of age at the time the charges were filed.
  • The charges against you must be either a Category 2 or Category 3 offence.
    • Category 2 – an offence punishable by less than two years’ imprisonment.
    • Category 3 – an offence that is punishable by imprisonment for 2 years or more, except those offences listed in Schedule 1 to the Criminal Procedure Act 2011(category 4 offences).
  • The charges against you must have been filed after the YAL began operating at the court your charges are being heard.
  • The case must be heard at the District Court where charges were filed or the District Court where the Defendant resides.

The Whangarei District Court YAL currently only focuses on driving-related cases where there is no identifiable victim. They have stated this is because a young adult’s involvement with the Court can often be with driving-related offences.

What does this mean for me?

If you’re eligible for the YAL, you will have access to a range of services similar to those offered in the Youth Court. This includes specialist probation officers, adolescent mental health services, alcohol and drug screening, and connections to community support networks.

The List is designed to support young adults by addressing the challenges they face and helping them make positive changes, ultimately reducing the risk of reoffending. Its primary goal is to make the court process clearer, more inclusive, and more supportive of defendants, victims, and their whānau.

 

The first step in getting support is to talk with a lawyer from Frontline Law about your situation and see what options we can offer you. Contact Frontline Law for a free initial consultation.

*The information in this blog post is general in nature and is not legal advice. If you need advice, you should contact us about your specific situation.