Thousands of teen offenders may escape being dealt with by an adult court under moves to lift the minimum age from 17 to 18.
The government is drafting law changes to bring New Zealand into line with a United Nations convention.
But the move is attracting protest from opponents who say it gives offenders an extra year in which to commit serious crimes without facing significant consequences.
Police Association president Greg O'Connor said the moves were "absolutely and utterly ludicrous".
"The age at which offenders are committing serious crime is dropping, not rising. Gang leaders will be rubbing their hands and laughing. It gives them another year of offending before they face adult sanctions.
"This is purely about ticking off UN protocols. But the UN stuff is written for African countries where 10-year-olds end up in adult prisons."
Currently, 17-year-olds are considered adults and begin their progress through the legal system at a district court. Those aged 14 to 16 are dealt with through the youth justice system, which emphasises diversion from courts and custody.
Youth Court judges can send cases of serious offending, such as aggravated robbery, to the district court, but are obliged to do so only for manslaughter or murder. However, the Sunday Star-Times understands the Youth Court's sentencing options for serious offenders are also to be strengthened, including a rise in the maximum custodial order from three to six months.
The law changes, part of an overhaul of the Children, Young Persons and their Families Act, would bring 17-year-olds under the youth justice provisions for the first time. The changes would also bring New Zealand into line with the United Nations Convention on the Rights of the Child.
New Zealand First MP Ron Mark says the move would allow 17-year-olds to escape the consequences of their actions for longer.
"Police have told me they are sick and tired of dealing with young offenders who say `you can't touch me, I'm not 17 yet'.
"Now they'll be saying, `you can't touch me, I'm not 18 yet'," Mark said.
He has a private member's bill before parliament seeking a lowering of the age at which children can be prosecuted from 14 to 12.
Social Development Minister Ruth Dyson said the bill could change before introduction into parliament.
Children's Commissioner Cindy Kiro supports raising to 17 the upper age at which the Children, Young Persons and their Families Act apply. "When young people engage early on in the adult criminal justice system, their outcomes are much worse than when they do not," she said.
O'Connor said there were 70 17-year-olds in prison or on remand. The youth justice system had 120 custodial beds, and would not cope with the influx of older offenders without expansion, he said.
Ministry of Justice statistics show those aged 17-19 made up 20 per cent of cases resulting in conviction in 2005. The same age group was responsible for nearly a quarter of property offences and 14 per cent of violence offences.
A third of those who go through the youth justice system are prosecuted in the Youth Court; 39 per cent are dealt with by Police Youth Aid; 23% are issued with a formal warning; 6 per cent are referred to Child Youth and Family for a family group conference, and 3 per cent are resolved by other means.
http://www.stuff.co.nz/4287554a10.html