Young Serious Offender Declaration

A young person may be declared a Young Serious Offender if:

• they are 14 to 17 years old at the time of the offence or if they turn 18 while proceedings are finalised
• they have committed 2 separate offences that:
  • are unrelated incidents
  • each carry a penalty of 10 years or more imprisonment 
• they are likely to offend again
• previous interventions were unsuccessful.

A young person declared as a Young Serious Offender faces a stronger response, with more sentencing options for the Youth Court. These include:

• extend Supervision orders from up to 6 months to up to 18 months
• extend Supervision with Activity orders from up to 6 months to up to 12 months - this can include a new electronic monitoring of curfew condition
• remove eligibility for early release from Supervision with Residence orders
• being sentenced to a Military-Style Academy Order if they are 15 to 17 years old at the time of the offence.

A Youth Court Judge has the final say on making a Young Serious Offender Declaration.

Failing to comply with court orders

Police have new powers to respond faster if a young person declared a Young Serious Offender fails to comply with Youth Court orders. The police can:

• detain or arrest without warrant - this may happen if they have reasonable belief the young person did not comply with a condition ordered by the Court
• arrest without warrant for breach of bail conditions
• file applications to the Youth Court to apply stronger conditions.

Responses to further offending

If the young person continues to offend:

• The mandatory Family Group Conference is removed.
• They can have their Young Serious Offender Declaration extended to a maximum of 3 years.

A Young Serious Offender Declaration:

• lasts for 2 years
• can be extended for 12 months if further specified offences are committed
• can be reduced after 12 or 18 months
• expires when a young person turns 19 years old
• can be discharged on compassionate grounds.

If a young person is sentenced to a Military Style Academy (MSA) Order, they must take part in the Military Style Academy Programme.

What the programme aims to do

The MSA programme provides intensive support to help rangatahi:

• understand and address the cause of their offending
• learn new life skills
• plan for their future
• make lasting positive changes.

How the programme is delivered

The programme is completed in a secure youth justice residence over a 6 month period.

The programme is designed to be therapeutic. It combines education, life skills, cultural, therapeutic and physical activities.

The military-style elements provide structure, challenge, discipline and opportunities for personal growth.