YOUNG OFFENDERS ACT

Monica Abuodha

Describe the issue and the history of the issue

The Young Offenders Act 1997 has been described as the welfare’ model of dealing with young offenders. That is to say, youth were not to be treated as criminals but rather, in the words of the Act, as "misdirected [children]... in need of aid, encouragement, help and assistance.

Continued………………….

It recognizes the special needs and vulnerability of youth, but also places emphasis on both protection of the public and the rights of young people.

Police vs. Young Offenders

Young Offenders Act changes the way police and the justice system deal with young offenders. It actively seeks to steer young offenders away from the court by directing them to alternative forms of intervention. It provides a new, more constructive way of dealing with young people who break the law.

 

What does the Act aim to acheive

The Act aims to make young offenders take responsibility for their actions, acknowledge the rights of the victim, avoid the cost and time of a court appearance and - most importantly - steer young offenders away from detention. They achieve this by holding a Youth Justice Conference.

Young Offenders; Tackling it early

More than 25% of all known offenders are between 10 and 17 years of age.

However, cases involving youths are usually only referred to the Crown Prosecution Service for prosecution if the youth has already received a reprimand and final warning. This will be unless the offence is so serious that neither of these were appropriate or the youth does not admit committing the offence.

Reprimands and final warnings are intended to prevent re-offending without jailing the young offenders. 

In history……………

Across time The Young Offenders Act 1997 has responded to a number of complex and sensitive issues identified by the Government. It aims to: strengthen the rights of the victim and repair some of the damage caused by the crime; involve the victims and their families in the conference decision-making; make the juvenile justice system more responsive to individual circumstances; reduce the time and cost involved in the court and reduce the human costs of too many young people in detention

Tribal Justice

Tribal justice- the scheme allows community to decide how young criminals are punished

The idea of restorative justice- in which a person who committed the crime takes responsibility for their own actions and the victims have a central role in the justice process

Offenders are escaping without any reasonable punishment which frustrate people.

Article‘ Tories to fine tune-not overhaul-young offenders act

According to the article ‘Tories to fine tune - not overhaul - young offenders act’ Justice Minister Rob Nicholson stated Youth Criminal Justice Act, has been asserted to promote rehabilitation for young people aged 12 to 17 who are in trouble with the law, while reserving incarceration for serious violent crimes. Prime Minister Stephen Harper denounced the Liberal approach as an "unmitigated failure" in terms of holding young people accountable for their crimes. He believes that in the past the act has been a failure with respect to protecting the public from violent and repeat offenders.

 

Article 2; turning young Offenders around

CONTEXT OF THE ARTICLE

The Australian and New Zealand society of Criminology has dedicated to looking at the issue of turning the lives of young offenders around.

Many of these young people face multiple complex challenges in their life, including homelessness, family dysfunction, drug and alcohol issues, mental health issues, intergenerational poverty, etc.

Through the Young Offenders reference the Social Inclusion Initiative is focussing on addressing the issues that underpin youth offending to improve ways of preventing and reducing criminal activities by young people.

Effectiveness of the criminal justice system

The criminal justice system is fraught with delay with dealing with young people. This increases the trauma of victims and can call into question the reliability of evidence.

Many young adults cannot afford legal representation whilst the provision of legal aid clearly. They cannot afford to pay the cost for the crime committed.

Youth Justice Conferencing –makes young people more responsible than the current system

Continued………………………

Many young criminals lack knowledge of legal processes and of their rights. For the accused access to both legal advice and representation is of vital importance. LIAC is a website that the government have provided for young people, it provides basic information about court processes

Indigenous Australians

The Government also needs to address the discriminatory practices that have led to far fewer Indigenous young offenders accessing, and being diverted to, drug and alcohol treatment programs instead of incarceration. The NSW Bureau of Crime Statistics attributes rising incarceration rates, not on increased crime but on tougher sentencing and the new bail laws.

Youth court judges must also issue dispositions that are the least restrictive, are the most likely to rehabilitate and reintegrate the young person back into society, promote a sense of responsibility in the offender, and lead them to acknowledge the harm done to the victim(s) and the community