Nine To Noon

The youth court is leading the way for neurodiverse people

Oct 30, 2025
Mark Hennahan, a law professor at the University of Auckland specializing in youth justice and neuroscience, discusses the critical role of youth courts for neurodiverse individuals. He highlights how these courts can help divert young people from deeper criminal pathways and recalls a troubling case of wrongful imprisonment linked to fetal alcohol syndrome. Hennahan emphasizes the necessity for courts to adapt their communication, better recognize neurodiverse needs, and implement support systems instead of solely punitive measures.
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INSIGHT

Youth Court As Early Intervention

  • The youth court sits early in offenders' journeys and can prevent deeper criminal pathways by addressing causes rather than just punishment.
  • Judges like Andrew Beacroft and others have led a compassionate, cause-focused approach that influences broader courts.
ANECDOTE

Tainapura's Wrongful Conviction

  • Mark Hennahan recounts Tainapura's wrongful conviction tied to fetal alcohol syndrome and a coerced confession.
  • Tainapura served 21 years before the Privy Council recognised the wrongful conviction.
INSIGHT

Understanding Is Required For A Fair Trial

  • Many neurodivergent defendants don't understand court processes or consequences, risking unfair trials and wrongful convictions.
  • The Chief Justice and specialists warn the system lacks capacity to identify and explain these impairments.
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