Children’s Court of Victoria

Young People and Criminal Justice Launch of Smart Justice for Young People 16 November 2011 Judge Paul Grant President Children’s Court of Victoria

Hesiod “ I see no hope for the future of our people if they are dependent on the frivolous youth of today, for certainly all youth are reckless beyond words. When I was a boy, we were taught to be discrete and respectful of elders, but the present youth are exceedingly wise (arrogant) and impatient of restraint”.

Some facts and figures There are approximately 550,000 young people aged (inclusive) in Victoria. There are approximately 550,000 young people aged (inclusive) in Victoria. In : In : 9,029 young people were cautioned by Victoria Police; 9,029 young people were cautioned by Victoria Police; 838 completed the ROPES program 838 completed the ROPES program 9,879 were processed through the CAYPINS system; and 9,879 were processed through the CAYPINS system; and 6,174 individuals were found guilty of offences in court. 70% received an undertaking, bond or fine. 6,174 individuals were found guilty of offences in court. 70% received an undertaking, bond or fine.

Two important points Only a small percentage of young people come to the attention of law enforcement authorities and fewer still require formal court intervention. Only a small percentage of young people come to the attention of law enforcement authorities and fewer still require formal court intervention. The vast majority of young people engaged in criminal offending do not constitute a risk to the safety of our community. The vast majority of young people engaged in criminal offending do not constitute a risk to the safety of our community.

Some more facts and figures Young people who required more intensive support: Young people who required more intensive support: 1,621 young people received probation, youth supervision or a youth attendance orders (1,113 were placed on probation, the least intensive order). 1,621 young people received probation, youth supervision or a youth attendance orders (1,113 were placed on probation, the least intensive order). 246 young people received detention orders. 246 young people received detention orders.

Characteristics of young people in detention 35% had previous child protection involvement 35% had previous child protection involvement 16% had current child protection involvement 16% had current child protection involvement 55% had a history of abuse, trauma or neglect 55% had a history of abuse, trauma or neglect 34% had mental health issues 34% had mental health issues 14% were registered with disability services 14% were registered with disability services Alcohol and/or Drugs featured in 88% of cases Alcohol and/or Drugs featured in 88% of cases 66% had been suspended or expelled from school 66% had been suspended or expelled from school 12% were parents 12% were parents

Rate per 100,000 of persons aged in Juvenile Corrective Institutions on 30 June each year NSWVICQLDWASATASNTACTAUS

Sentencing in the Children’s Court Section 362 of CYFA 2005 Section 362 of CYFA 2005 the need to strengthen and preserve family ties; the need to strengthen and preserve family ties; the desirability of allowing the child to live at home; the desirability of allowing the child to live at home; the desirability of allowing the young person’s education, training or employment to the desirability of allowing the young person’s education, training or employment to continue without interruption or disturbance; continue without interruption or disturbance; the need to minimise stigma; the need to minimise stigma; the suitability of the sentence to the young person; the suitability of the sentence to the young person; if appropriate, making a young person understand his/her responsibility for the offending behaviour; and if appropriate, making a young person understand his/her responsibility for the offending behaviour; and if appropriate, protection of the community. if appropriate, protection of the community.

Youth Offender rates Australian Bureau of Statistics, Recorded Crime – Offenders, (4519.0)

Challenges for the future State-wide diversion State-wide diversion Intensive bail support Intensive bail support Services for young people with mental health problems or complex needs Services for young people with mental health problems or complex needs Supporting families in need and keeping young people in education, training or employment Supporting families in need and keeping young people in education, training or employment