Report 104 (2005) - Young offenders - Law Reform Commission : Lawlink NSW

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Report 104 (2005) - Young offenders Table of contents Updates and background for this project (Digest) How to buy a copy of this Report PDF version Terms of reference Participants Recommendations Executive summary 1. INTRODUCTION BACKGROUND TO THIS REPORT WHO IS A “YOUNG OFFENDER”? TO WHAT EXTENT ARE YOUNG PEOPLE INVOLVED IN CRIME? Empirical evidence Public perceptions of young people NATURE AND CONDUCT OF THE COMMISSION’S INQUIRY CONTENT OF THIS REPORT 2. DEVELOPMENT OF JUVENILE JUSTICE INTRODUCTION JUVENILE CRIME AND JUVENILE DELINQUENCY THE DEVELOPMENT OF A JUVENILE JUSTICE “SYSTEM” Industrial and reformatory schools THE ESTABLISHMENT OF CHILDREN’S COURTS Children’s courts in NSW TWENTIETH CENTURY DEVELOPMENTS The development of diversion Diversion and the review of juvenile justice in NSW Community Aid Panels RESTORATIVE JUSTICE Family group conferencing in New Zealand The Wagga scheme and “reintegrative shaming” Community Youth Conferences THE YOUNG OFFENDERS ACT 1997 (NSW) 3. STRUCTURING POLICE DISCRETION INTRODUCTION RELEVANCE OF POLICING TO SENTENCING POLICING PUBLIC SPACE Police powers used in public spaces The “trifecta” offences The knife laws Move-on powers Targeting of young people The occupation of public space by young people The use of arrest POLICING AND YOUNG PEOPLE FROM RACIAL AND ETHNIC MINORITIES RATES OF DIVERSION CONCLUSION 4. SCOPE OF THE YOA INTRODUCTION AGE OF YOUNG OFFENDER OFFENCES COVERED BY THE YOA Current scope of the YOA The views in submissions The Commission’s view The general exclusion Specific exclusions The Commission’s view Exclusions in respect of particular diversionary options 5. THE DIVERSIONARY SCHEME OF THE YOA INTRODUCTION GATEKEEPERS The investigating official Part 3 of the YOA - warnings Part 4 of the YOA - cautions Other responsibilities The specialist youth officer The DPP The Children’s Court Other gatekeepers? ADMISSIONS AND LEGAL ADVICE Timing of legal advice 6. CAUTIONS INTRODUCTION LIMITS ON THE ENTITLEMENT TO A CAUTION REASONS FOR GIVING A CAUTION The first reason: offences outside the scope of the YOA The second reason: no admission of offence CAUTIONING UNDER THE YOA AND THE CCPA Response to Issues Paper 19 The Commission’s view The disposal of charges under each Act The effect of cautions on criminal records Other records relating to the offence POLICE RECORD KEEPING 7. YOUTH JUSTICE CONFERENCING INTRODUCTION Youth justice conferencing and restorative justice REFERRAL TO A YOUTH JUSTICE CONFERENCE The roles of the police and the specialist youth officer Referral by the DPP or a court TIME FRAMES BETWEEN REFERRAL AND CONFERENCE THE CONFERENCE PROCESS OUTCOME PLANS A SOFT OPTION ? EVALUATION OF CONFERENCING Conferencing and Indigenous young offenders SUBMISSIONS AND RESPONSE TO ISSUES PAPER 19 Court referral to a youth justice conference Respected community members Other issues Court outcomes after successful completion of an outcome plan THE COMMISSION’S VIEW Court referral to a youth justice conference Respected community members Court outcomes after successful completion of an outcome plan 8. COURT-BASED SENTENCING INTRODUCTION COURT-BASED SENTENCING AND RESTORATIVE JUSTICE EVIDENCE OF PRIOR OFFENCES IDENTIFICATION OF YOUNG OFFENDERS SENTENCING OPTIONS Licence disqualification Conviction for traffic offences Power to disqualify Fines 180 The amount of the fine Penalty escalation Community service orders Options addressing substance abuse Youth Drug and Alcohol Court Treatment services GUIDELINE JUDGMENTS AND YOUNG OFFENDERS Application of existing guideline judgments to young offenders Should guideline judgments be developed for young offenders? Submissions to IP 19 The Commission’s view MANDATORY SENTENCING OF YOUNG OFFENDERS CARE ISSUES IN SENTENCING 9. A YOUTH COURT INTRODUCTION NAME OF THE CHILDREN’S COURT STATUS OF THE CHILDREN’S COURT CHILDREN'S MAGISTRATES Selection and tenure of magistrates Judicial education FACILITIES 10. YOUNG PEOPLE AND BAIL INTRODUCTION The relevance of bail to the sentencing process THE BAIL ACT ARREST OF YOUNG PEOPLE THE BAIL DECISION Dispensing with bail Referral to a youth justice conference Granting bail Presumption in favour of bail for young offenders CRITERIA CONSIDERED IN BAIL APPLICATIONS Special needs arising from youth Separate bail criteria for young people Significance of not living with a parent or guardian BACKGROUND INFORMATION IN BAIL DETERMINATIONS BAIL UNDERTAKINGS AND CONDITIONS Statutory requirements Inappropriately onerous bail conditions Response to Issues Paper 19 The Commission’s view Explanation of bail conditions Breach of bail conditions REPEAT OFFENDERS BAIL ACCOMMODATION The problem of “welfare detention” The need to develop alternative accommodation 11. SERIOUS CRIMES INTRODUCTION SERIOUS CRIMES UNDER THE CCPA CURRENT SENTENCING PRACTICE THE UK APPROACH OPTIONS FOR REFORM IN NSW APPENDICES Appendix A: List of submissions Appendix B: List of consultations Appendix C: List of abbreviations TABLES Table of cases Table of legislation BIBLIOGRAPHY INDEX

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