Page 82 - Week 01 - Tuesday, 15 February 2011
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This is why this government has put together this discussion paper which outlines what is presently working well in the ACT and to pose questions about making improvements that promote a more positive and inclusive future for all young Canberrans. The paper takes a broad approach to juvenile justice including preventative strategies, diversion, bail, custody and alternative sentencing in the framework of human rights principles.
There are 34,808 young people between the ages of 10 and 17 in the ACT. We know that, as it stands now, 967 of these will have some level of contact with the criminal justice system during these years. In fact, research tells us that by focusing on the risk factors that have the potential to lead a young person into contact with the justice system—that is, by providing assistance such as educational support, cultural-strengthening activities and support and recreational pursuits for young people at risk before first contact with police—our chance of reducing future offending behaviours are improved considerably.
The police are an integral front-line point of diversion in the youth justice system, de-escalating criminal behaviour with the use of cautions or warnings as an alternative to prosecutions. There are specific programs for drug and alcohol diversion practised by community policing in collaboration with ACT Health. The court also implements a range of sentences and orders available to it to redress juvenile criminal behaviour and to facilitate the young person’s transition into the community.
There is a restorative justice unit facilitating face-to-face meetings with victims and offenders with a high compliance rate for restorative justice arrangements. While these and other systems are in place, it is important that as a government, judiciary and community we continually review our performance.
This discussion paper also poses the question of the need for joined-up and integrated youth justice services to embed diversionary policies in the daily work and activities of agencies. It seeks engagement on issues around diversionary principles and policies and the value of embedding these works into all relevant government agencies, non-government organisations and the service system.
The paper puts forward questions for stakeholders and our broader community on the service system, models of diversion, the collection of data on diversionary activity, considers the legislative framework and provides an overview of the programmatic response of other jurisdictions. It also provides examples and case studies to illustrate the diversionary options available to authorities in responding to young people who have contact with police or who enter the justice system.
One key issue identified is the need for better support for young people and police in relation to after-hours arrest for alleged offences or breaches of bail. All of the models considered in the paper are designed to support vulnerable young people to meet their bail conditions in the first place while still remaining in the community.
There is a cogent body of evidence to suggest that these services provide real assistance to young people in reducing criminal behaviour, and I look forward to receiving feedback on how these models might be effective within the ACT.
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