Emma Grimley OVERVIEW: JUVENILE JUSTICE
Combination of rules, institutions, and people involved in the control, punishment and rehabilitation of young people as offenders Various local and federal agencies play a role in juvenile justice: 3 major agencies of NSW are NSW Police Force, Department of Justice and Attorney General Juvenile Justice in the Department of Human Services International instruments are useful benchmarks from which domestic legislation can be initiated or compared against In NSW, those who are under 18 at the time they committed the offence are dealt with under the juvenile justice ‘system’ WHAT IS JUVENILE JUSTICE?
Children (Criminal Proceedings) Act 1987 How children are dealt with in the adjudication stage Criminal responsibility (doli incapax) Children’s Court Act 1987 Establishment of the Children’s Court Children (Community Service Orders) Act 1987 Form of rehabilitation Children (Protection and Parental Responsibility) Act 1997 Allows parents to be held accountable for youth behavior in public places e.g. out late Young Offenders Act 1997 Diversionary schemes – warnings and cautions Crimes Act 1900 Bail Act 1978 MAJOR STATE LEGISLATION – NSW
Australia is a signatory to: United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) Detention should be a last resort and for shortest period of time United Nations Guidelines for Prevention of Juvenile Delinquency (The Riyadh Guidelines) Social policies for crime prevention UN rules for the Protection of Juveniles Deprived of their Liberty Maintaining contact with family and community UN Convention on the Rights of the Child (CROC) Four guiding principles: non discrimination, best interests of the child, survival and development, and participation in decision making. INTERNATIONAL LAW
In all Australian jurisdictions the minimum age of criminal responsibility is 10 years Children aged between years are presumed to be incapable of forming intent to commit a crime – the presumption is called doli incapax, UNLESS the prosecution can prove beyond a reasonable doubt that the juvenile knew they were doing something wrong (rebuttable presumption) Selected other special protection: statements made in presence of adult, the use of the children's court, conviction recording. AGE AND CRIMINAL RESPONSIBILITY
In in NSW for every 1000 people aged 10-17: 13.5 had a criminal matter finalized in the Children’s Court 11 were convicted or sentenced 3.3 were given sentences requiring supervision 1.0 was sentenced to detention 1/5 of alleged young offenders are female The majority are male between the age of years Indigenous people are overrepresented in the JJS – 28 times more likely SNAPSHOT OF NSW YOUNG OFFENDERS
They often have a parent who has been in prison 27-43% for community and custody groups 11% of the community group had unsettled accommodation Many subject to physical or sexual abuse or neglect Most had left school early or been suspended 75% of custody group had left before year 9 56% of community group left before commencing year 10 IQ scores low in both categories Problems with reading, spelling and arithmetic prevalent Custody group (88%) reported symptoms consistent with clinical health disorders SOCIO-ECONOMIC STATUS OF JUVENILE OFFENDERS
Common relation to property crimes – less than 1/5 are crimes against the person Nearly all children appearing in court plead guilty and 92% receive a non custodial penalty TYPES OF OFFENCES
NSW Police are responsible for the apprehension of alleged youth offenders, diversion of eligible offenders, commencing proceedings in Children’s Court The Attorney General is responsible for crime prevention and maintenance of the Children’s Court Juvenile Justice NSW is a large agency in Australia for youth justice but fairly small in NSW contributions Provides rehabilitation Funding to community agencies that give assistance to youth offenders JUVENILE JUSTICE IN NSW