Children in court & Diversionary Schemes

1. Children in court & Diversionary Schemes By Maddie

2. The Children’s court • Covered by the Children's Court Act 1987 (NSW) and the Children (Criminology Proceedings) Act 1987 (NSW) • Children's courts are different from other courts as they are: • Closed to the public • Media is entitled to be present in the court (unless magistrate or judge says otherwise)

3. Principles of Juvenile Justice • In NSW courts must apply the following principles when dealing with a child in criminal cases: • Children have equal rights and freedoms as adults do • Children have responsibilities for their actions but require guidance and assistance • Allowing children to continue education or employment without interruption • The children's court aims to promote rehabilitation through the use of community-based orders such as • good behavior bonds • Probation • Community service orders • Or special programs like the Youth Drug and Alcohol Court

4. Principles of Juvenile Justice • The United Nations Convention on the Rights of the Child (CROC) also established principles which are persuasive in the Australian courts while sentencing Young Offenders which include: • The best interest of the child is vital in decisions made affecting the child • Imprisonment of children must be a last resort, and a variety of other appropriate punishments should be available

5. Youth Drug and Alcohol Court • A young person who satisfies the eligibility criteria for YDAC may be referred to this sentencing option by specialist Children’s Courts • Young people who are accepted in this program usually don’t spend time in custody, but do remain in the community and are given 6-12 months to complete this program • If completion of this program is successful , the young person is then given a non-custodial sentence and no conviction is recorded against their name. If failed, the person is sentenced in the usual way.

6. DIVERSIONARY SCHEMES YOUNG OFFENDERS ACT (NSW) • The Young Offenders Act introduced a graded diversionary scheme of • Police warnings • Formal cautions • Youth Justice conferences for young offenders • When police arrest a young person, they must first consider whether the person is eligible and entitled to be diverted. • However police often decide not to use the YOA but instead give them strict bail conditions and sent to the Children’s Court

7. Warnings • Under the Young Offenders Act, police can decide to give warnings for minor offences that do not involve violence. • If someone has previously been given a warning, this does not automatically mean they cannot be given another warning for a later offence.

8. Cautions • Police may give a formal caution for more serious offences if the young person admits to the offence and consents to a caution under the Youth Offenders Act • Following a caution, the offender may be asked to write an apology to the victim(s) of the offence, but no other penalties may be imposed.

9. Youth Justice Conferences • Young Offenders who admit an offence where the YOA applies can be referred to a youth justice conference • These conferences are considered to be progressive as they recognize the rights of young offenders, their victims, families and other members of the community to decide what to do about the harm that may have been caused by the offenders actions. • The aim of these conferences are to provide a supportive environment for the offender to acknowledge and accept responsibility for any harm caused by the offence