Juvenile Justice System

1. Juvenile Justice System Andrew Gosling Port Adelaide Police

2. 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.

3. 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

4. More statistics • Hard core recidivist offenders account for 1% of juvenile population, • 85% of juveniles coming to police notice offended once and were never detected again.

5. 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)

6. 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).

7. Aims of the Juvenile Justice System • Provide care, correction and guidance for juvenile offenders, • Make youths accountable for their actions, • Protect the community..

8. Aims, continued.. • Keep juveniles out of the formal legal system, • Provide a deterrent

9. How does the current system work? • Informal Cautions • Formal Cautions • Family Conference • Youth Court

10. 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

11. 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

12. 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

13. 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…

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

15. 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

16. Youth Court • For more serious offences and/or repeat offending, • Youth denies the offence

17. 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

18. 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

19. Some Statistics • 1995 – over 10,000 apprehensions by police • 2004 – 6,482 • 36% less • Has been a steady decline since 1995

20. 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

21. Does it work? • There are still a large proportion of young people entering the (formal) system

22. 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

23. 85% of juveniles coming to police notice offended once and were never detected again

24. 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

25. 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.

26. 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.

27. 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.

28. 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.