Young Offenders Act (1994)
An Act to establish procedures for dealing with children who commit certain offences through the use of youth justice conferences, cautions and warnings instead of court proceedings; and for other purposes. [Assented to 2 July 1997]
It was passed through Parliament in June 1997 and became effective on April 6 1998.
It was passed through Parliament in June 1997 and became effective on April 6 1998.
Objectives
The main objects of this Act are to establish a plan that provides a different process to court proceedings for dealing with children who commit offences, through the use of youth justice, conferences, cautions and warnings. It is also to establish a plan to provide efficient and direct responses to the commission by children who commit offences, and to develop and use youth justice conferences to deal with alleged offenders in a way that
- enables the community to respond to offences involving all affected parties
- emphasise the acceptance of responsibility by the offender for their behaviour
- meets the needs of victims and offenders
- enables the community to respond to offences involving all affected parties
- emphasise the acceptance of responsibility by the offender for their behaviour
- meets the needs of victims and offenders
Why was this law needed?
- result of 10 years of trials and reform of the Juvenile Justice System
- was a need to change the way the police and the justice system dealt with young offenders
- seeking to steers young offenders away from the court and detention and directing them to alternative forms of intervention
- was a need to provide a more constructive way for dealing with young people who break the law
Principles
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- The least restrictive form of punishment is to be applied against a child who is guilty of committing an offence.
- Children who are accused to have committed an offence are entitled to be informed about their right to have legal advice, and have the opportunity to obtain this advice.
- The criminal proceedings are not to be instituted against a child only to provide any assistance or services to assist the welfare of the child and their family/family group.
- If appropriate in the circumstances, alleged children should be dealt with their communities in order to sustain family and community ties.
- Parents are to be recognised and included in justice proceedings including their children, and they are recognised as being primarily responsible for the development of their children.
- Victims are entitled to receive information about their potential involvement in the action taken under the Act.
Positive Outcomes
- make young offenders responsible for their actions
- encourage the offenders families and communities to share this responsibility
- strengthen the rights of the victim and repair some of the damage caused by crime
- involve the victims and their families in the conference decision-making process
- make the juvenile justice system more responsive to individual circumstances
- reduce the time and costs involved in the court system
- reduce the human costs of too many young people in detention
- improve public confidence in the juvenile justice system.
Young lives trapped inside the system
"Reiby Juvenile Justice Centre is the only home some boys know, such is the level of reoffending."
"Reiby Juvenile Justice Centre is the only home some boys know, such is the level of reoffending."
Negatives Outcomes
- children who have bad situations at home often re-offend after being released from Juvenile centres as they feel safe and at home in the centre
- the courts are expensive and used for only small, minor crimes.
- use of unreasonable methods of dealing with crime that is not very serious.
- often it is difficult for a child to receive legal advice, and often there are miscommunications and difficulty receiving or carrying out instructions of the client.
- often children find it difficult to communicate with the council
- mental health of the young person is often a problem
References
Novelguide. 1984. The Young Offenders Act. [online] Available at: http://www.novelguide.com/reportessay/social-issues/political-issues/young-offenders-act [Accessed: 8 Aug 2013].
The Sydney Morning Herald. 2012. Young lives trapped inside the system. [online] Available at: http://www.smh.com.au/nsw/young-lives-trapped-inside-the-system-20120427-1xq62.html [Accessed: 8 Aug 2013].
Unknown. n.d.. Young Offenders Act 1997 (NSW). [e-book] NSW: p. 1. http://stage6.pbworks.com/f/Young+Offenders+Act.pdf [Accessed: 8 August 2013].
Unknown. 2013. Untitled. [e-book] NSW: Available through: Government of NSW http://www.legislation.nsw.gov.au/sessionalview/sessional/act/1997-54.pdf [Accessed: 8 August 2013].
Novelguide. 1984. The Young Offenders Act. [online] Available at: http://www.novelguide.com/reportessay/social-issues/political-issues/young-offenders-act [Accessed: 8 Aug 2013].
The Sydney Morning Herald. 2012. Young lives trapped inside the system. [online] Available at: http://www.smh.com.au/nsw/young-lives-trapped-inside-the-system-20120427-1xq62.html [Accessed: 8 Aug 2013].
Unknown. n.d.. Young Offenders Act 1997 (NSW). [e-book] NSW: p. 1. http://stage6.pbworks.com/f/Young+Offenders+Act.pdf [Accessed: 8 August 2013].
Unknown. 2013. Untitled. [e-book] NSW: Available through: Government of NSW http://www.legislation.nsw.gov.au/sessionalview/sessional/act/1997-54.pdf [Accessed: 8 August 2013].