1. Emma Grimley OVERVIEW: JUVENILE JUSTICE

2.  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?

3.  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

4.  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

5.  In all Australian jurisdictions the minimum age of criminal responsibility is 10 years  Children aged between 10-14 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

6.  In 2008-09 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 15-17 years  Indigenous people are overrepresented in the JJS – 28 times more likely SNAPSHOT OF NSW YOUNG OFFENDERS

7.  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

8.  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

9.  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