from YAPRap March 2007
by John Ferguson, YAPA Policy & Training Officer
As was expected, the issue of youth crime and juvenile justice was a significant part of the recent NSW State Election Campaign.
So it is relevant to look at the varying initiatives that have been implemented, trialled or discussed across the country that will have a major impact on young people in the juvenile justice system.
Some of these have already been successful in reducing re-offending, while others have yet to be assessed. Some of these may also be controversial when and if they are implemented.
Principles from green paper
When discussing juvenile justice and initiatives to reduce re-offending, it is necessary to re-affirm YAPA's and the Youth Justice Coalition's commitment to the principles outlined in the Green Paper (1993)*, in particular:
- Prevention, diversion and reintegration be the primary focus of juvenile justice policy; Victims of crime be given the opportunity to actively participate, where appropriate, in the juvenile justice system
- Children and adolescents should be treated differently and separately from adults according to their developmental needs.
Multi-systemic therapy
Multi-systemic therapy (MST) is an intensive family and community-based treatment that addresses risk factors associated with juvenile offending. Aiming to empower and support parents and young people, this early intervention program works intensively on risk factors such as poor school performance, drug use and association with delinquent peers.
Currently being trialled in Western Australia as part of their intensive supervision program (ISP), it has been shown in overseas research to be effective in reducing juvenile re-offending, with some evaluations showing a 25-70% reduction in the severity and frequency of re-offending.
The Western Australian ISP targets 10-17 year old offenders who are one step away from detention as well as those coming out of detention. The ISP involves teams of specialist staff working intensively with the offenders and their families for up to six months, available for families 24 hours a day, seven days a week.
There are three clinicians, a supervisor and an Aboriginal team advisor (ATA) in each team. The ATA works with the clinicians and families to ensure cross-cultural sensitivity and that the programs best match to the needs of Aboriginal clients, families and communities.
Youth Justice Conferencing
The NSW Young Offenders Act 1997 sets out a graded scheme of police warnings, cautions and youth justice conferences designed to divert young offenders from formal court processes for certain offences. Youth justice conferencing involves the offender and the victim participating in a conference with the aim of reaching a consensus on an outcome plan for the offender. There may be other people involved in the conference such as family members, police, community elders and the child's lawyer.
Recent research on conferencing from the NSW Bureau of Crime Statistics and Research found that 58% of those dealt with at a youth justice conference had a further offence proved against them in the Children's Court over the five-year follow-up period. This rate of re-offending was not as high as that shown for young people who proceeded straight to court prior to the availability of diversionary options.
Young adult criminal conferencing
Trialled by the NSW Attorney-General's Department, a Young Adult Criminal Conference is aimed at offenders 18 - 25 years of age. Young offenders must have pleaded guilty or be found guilty, and be willing to discuss ways of repairing the damage, to qualify for conferencing. An extension of Youth Justice Conferences, the offender gets the chance to state their case, but also to hear directly from the victim about the impact of their crime. Together with a facilitator and others present, the aim is for the victim and the offender to agree to appropriate penalties. These may include repaying any money, working for the victim or community service.
Youth Conduct Orders and Anti-Social Behaviour Orders
At the time of writing, the outcome of the NSW State Election was unknown. However, if the current Government are re-elected, they will implement a trial of interim and final Youth Conduct Orders to impose restrictions on the behaviour and movement of juvenile offenders charged and/or found guilty of anti-social behaviour. These sound very similar to Anti-Social Behaviour Orders (ASBOs) used in the United Kingdom.
ASBOs are designed to prevent behaviour including theft, intimidation, drunkenness and violence by individuals and families who make life difficult for their communities. The orders often include restrictions on entering a geographical area or shop but can include bans on specific acts, such as swearing in public. ASBOs were a key part UK Labour's law and order policy. The orders are aimed at tackling serious, persistent but relatively low-level disorder that can blight communities. Regarding NSW, if the NSW State Opposition is successful in winning the election, they have a promised a trial of ASBOs with conditions that will potentially include non-association provisions, night-time curfews, and restrictions on entering defined geographic areas.
Aboriginal Circle Sentencing
Already undertaken with adult Aboriginal offenders in parts of NSW, if re-elected, the NSW Government will pilot a model of Aboriginal Circle Sentencing tailored to deal with juvenile offenders.
Circle sentencing is an alternative sentencing court for Aboriginal offenders which endeavours to empower Aboriginal people to address these issues in their local community.
As the name suggests, it is a more community-based sentencing court where the Magistrate, community members and the offender sit in a circle to discuss the offence. The circle, which can also involve the victims and the offender's family, addresses the impact of the offence and decides on a sentence that is tailored to the offender.
By doing this, Circle sentencing directly involves local Aboriginal people in the process of sentencing offenders. It allows greater Aboriginal involvement in the criminal justice process and aims to increase Aboriginal satisfaction with the operations of the criminal justice system.
Youth Drug and Alcohol Court (YDAC)
Currently being trialled in parts of NSW, the Youth Drug and Alcohol Court is designed to help young people with a drug or alcohol problem. Lasting for six months, the YDAC program gives young people access to a caseworker, health services, accommodation assistance, and education and employment training programs. At the end of the program, the young person is sentenced, but the court takes into account the efforts during the YDAC program.
There are certain conditions that need to be met for a young person to be referred to YDAC, such as:
- they are charged with an offence the Children's Court can deal with
- they have a drug or alcohol problem
- they plead guilty
- they are not eligible for a caution or youth justice conference, and
- they are 14 to 18 years of age.
The YDAC is jointly funded by the NSW Government and the Australian Government through the National Illicit Diversion Initiative.
Feedback
If you have experience with any of these initiatives, or know someone who did, YAPA would like to hear from you. Was the process helpful? Did they re-offend? Contact John, at policy@yapa.org.au, or ext. 5 (phone numbers below). All details kept confidential.
Reference
* Justice Advisory Council of New South Wales (1993). Future Directions for Juvenile Justice in New South Wales - 'Green Paper' Justice Advisory Council of New South Wales: Sydney
