CAT/OP/NZL/1/Add.1 E. Juvenile justice Age of criminal responsibility 61. The Subcommittee recommended that New Zealand consider increasing the age of criminal responsibility. While the age of criminal responsibility begins at 10 years old, the situations in which children under the age of 14 can be prosecuted are limited. Children aged 10 to 11 years can be prosecuted only for murder or manslaughter. As a result of reforms in 2010, children aged 12 to 13 can now be prosecuted for all serious offences punishable by at least 14 years imprisonment, or at least 10 years imprisonment for repeat offenders. The reforms were introduced to address situations where children aged 12 to 13 were committing serious repeat offending. The Family Court was considered insufficiently equipped to deal with such cases. 62. In practice, the ability to prosecute children under 14 years old is exercised sparingly. Between 1992 and 2012 there were no prosecutions of 10 to11 year olds. Less than one percent of children and young people charged in court are 12 to 13 years old. The New Zealand Government does not therefore consider that there is a need to increase the age of criminal responsibility at this stage. Remandees 63. The Subcommittee also noted that exceptions to the requirement to separate remand and convicted juveniles could be made in prisons, to allow those on remand to participate in organised activities. The separation of remandees from convicted prisoners is a longstanding feature of New Zealand’s justice system and is incorporated in the Corrections Act 2004. Corrections accepts the importance of providing education, employment and training opportunities for young remandees, as succeeding with this group presents the best opportunity to prevent a lifetime of recidivism and other negative outcomes. As discussed at paragraph 25, Corrections is in the process of amending its remand classification system so that a wider range of activities are available to all remand prisoners, including young remandees. F. Mental health in places of detention 64. The Subcommittee has made several recommendations in respect of the mental health of persons in places of detention. In summary: (a) Develop a comprehensive national policy for access to health care and mental health care services across the criminal justice system; (b) Ensure an adequate referral systems is established; (c) ensure all officers are provided with adequate training; (d) To the extent possible, make sure a full-time, on-site nurse be available to follow-up and monitor the mental health status of persons in custody; (e) Audit the healthcare needs in institutions and ensure adequate access to mental health care services, and (f) Provides adequate support residences to enable them to meet the mental health needs of those detained, including a youth mental health forensic service. 13