The process was developed by the judiciary and the justice ministry
Courts Minister Nicole McKee has announced a process change to bolster the visibility of criminal court defendants’ dependent children in court.
The new process was developed by the judiciary and the justice ministry with backing from justice sector stakeholders. According to McKee, it intends to “improve the consistency with which the court is made aware of the needs of dependent children when a primary caregiver may be facing a custodial remand or sentence”.
“The changes introduced include modifications to forms used by defence counsel and agencies to capture information about dependent children, as well as targeted communications to defence counsel and agencies highlighting the importance of bringing this information to the attention of the court”, McKee explained.
She added that the judiciary could note the information using updated court forms.
“The information will support the court with bail and sentencing decisions and will function as a prompt for agencies present in proceedings to enquire about care arrangements for a defendant's dependent children”, McKee said.
She pointed to the 2021 murder of five-year-old Malachi Subecz, who was killed by his caregiver while his mother was serving jail time. Dame Karen Poutasi said in an independent review that Subecz was “’unseen’ at at key moments when he needed to be visible”.
McKee said that the new process was “a significant step towards ensuring the children of defendants facing a custodial remand or sentence are visible, so that their interests can be considered by the court”.
The process was implemented on 3 March. The New Zealand Law Society praised the process, noting that, “Research suggests children are at higher risk of suffering from stigma, educational disruptions and long-term negative outcomes. Providing the court with better information about caregiving responsibilities can help mitigate these effects by allowing earlier interventions and more considered judicial decisions”.
