Legal studies crime essay - Young Offenders

Youth Justice conferences - legislation

Young Offenders Act 1997 (NSW) - introduced youth justice conferences. These aim to come up with an agreement including an apology and reparations to the offender, alongside appropriate rehabilitation for the young offender. Optional alternative to court proceedings.

Youth Justice Conferences - evidences

BOCSAR Youth Justice Conferencing Referrals and Conferences 2012 - ‘[does not] address the underlying causes of juvenile offending’ (Director of the Bureau Don Weatherburn), no more effective than the children’s court in reducing juvenile reoffending.
Police v CW (2012) NSWChC 16 - Homeless young offender was given a suspended control order. During this time they became medicated, secured employment and accommodation. Magistrate determined the offender would go through a Youth Justice conference instead of a control order.

Detention of young offenders - legislation

Detention Legislation Amendment (Prohibition on Spit Hoods) Act 2024 (NSW) - prohibits the use of spit hoods by juvenile justice, correctional and police officers within detention centres.

Detention of young offenders - evidences

Australian Human Rights Commission report ‘The Australian Federal Police’s Review on its use of Spit Hood’ - recommended discontinuance of AFP’s use of spit hoods.
2016 ABC Dylan Voller case - Youth justice officer at Don Dale Youth Detention Centre saw Voller in a restraint chair - “I know of three times he was in the restraint chair”

YKC - legislation

Alternative case management process for ATSI young offenders appearing before the NSW Children’s court - is part of the children’s court

YKC - evidences

BOCSAR April 2022 report - found that young offenders participating in the YKC are 40% less likely to be jailed than comparable offenders in the Children’s court
R v Thomas (2023) NSWChC 3 - Child offender committed nuisance offences. Through YKC - connected to culture, became involved with traditional art.