Juvenile Justice System

Andrew GoslingPort Adelaide Police

Why have laws?• Laws help to: • protect the rights of individuals in our community • by compelling all people • to act in a particular way, • making them responsible and accountable for their

behaviours.

Statistics on Youth Offending• 66% of youths offended only once,• 92% of youths offended less than 5 times,• 5% of all juvenile offenders committed 1/3 of all reported

juvenile crime

More statistics

• 85% of juveniles coming to police notice offended once and were never detected again.

• Hard core recidivist offenders account for 1% of juvenile population,

History of the Juvenile Justice System in SA

• 1977 – Welfare model continued in conjunction with the Justice Model

• 1979 – Introduction of Aid Panels signaled the start of the diversionary process for juveniles away from court

• 1895 – State Children's Act introduced in SA (Welfare Model)

More history..• 1993 – Major review of Juvenile Justice by a select committee,• 1994 – Significant changes to Juvenile Justice System. First

state to legislate a multi-tiered pre-court diversionary system (emphasis on restorative justice).

Aims of the Juvenile Justice System

• Provide care, correction and guidance for juvenile offenders,• Make youths accountable for their actions,• Protect the community..

Aims, continued..• Keep juveniles out of the formal legal system,

• Provide a deterrent

How does the current system work?

• Informal Cautions• Formal Cautions• Family Conference• Youth Court

Informal Cautions• Administered by any Police Officer• Trivial Offence• Youth Admits the offence• No formal record kept• No power to impose sanctions• And/or punishment

Formal cautions• Administered by Cautioning Officers• Deals with minor offences• Youth admits the offence• Youth does not elect to go to court• Carried out in the presence of parent/guardian• A record is kept• Police can impose sanctions/undertakings

Formal Caution Sanctions and Undertakings

• Compensation up to $5000• Community Service up to 75 hours• Apologise to the victim• Anything else appropriate in the

circumstances• If not complied with matter can be referred to

family conference or youth court

Family Conference• Convened by a YJC• Involves YJC, police, offender, parent/guardian, victim, others

affected by the crime, any other person who can assist the youth

• For more serious offences or history of similar offending• Youth admits offence…

Family Conference, continued• Does not elect to go to court• Sanctions/undertakings can be imposed• A record is kept

Family Conference Sanctions/Undertakings

• Compensation - $25000• Community Service – 300 hours• Apologise to victim• Anything else appropriate in the

circumstances• Undertakings/sanctions not

complied with can be referred to the court

Youth Court

• For more serious offences and/or repeat offending,

• Youth denies the offence

Court, continued..

• Youth elects to go to court,• Youth’s family/victim/other agencies play a

smaller role,• Outcomes can carry over into

adulthood/form part of a criminal record

Youth Court Penalties• Detention up to 3 years,• Community service up to 500 hours, • Fines up to $2500, • Anything else that’s considered “reasonable” in the

circumstances

Some Statistics

• 1995 – over 10,000 apprehensions by police

• 2004 – 6,482• 36% less• Has been a steady decline

since 1995

More statistics..• In 2004 6,482 apprehensions by police, • Of the 4,198 individuals apprehended:

• 33% were dealt with by Formal Caution• 19% were dealt with by Family Conference• 47% were dealt with by the Youth Court

Does it work?• There are still a large proportion of young people entering the

(formal) system

Also..• The downward trend in apprehensions could be contributed

to other diversionary schemes implemented during this time…• Or, it may be as a result of the success of the current system

• 85% of juveniles coming to police notice offended once and were never detected again

Rights and Responsibilities

• Rights, • “A privilege to which a person has a

moral, legal or just claim”. This can include:

• Freedom of speech• Freedom of thinking• Freedom of faith• Right to justice• Right to own property, etc

Rights• These are closely aligned to the law and are set down in State

and Commonwealth legislation. • They are also protected by the Constitution and the Bill of

Rights.

Responsibilities• Responsibility• A responsibility is “a duty or obligation to do something”. For

example:• Laws are made by the Government and people are required to

abide by them. There are consequences for people who break the law.

Responsibilities• We don’t have to like particular laws but we abide by them

because we respect the rights of others and we want them to respect our rights too.

And finally• Laws help to protect the rights of individuals in our community…• .. by compelling all people to act in a particular way…

… making them responsible and accountable for their behaviours.