F They tried to make me go to rehab . Drugs, young people and the - PowerPoint PPT Presentation

F “They tried to make me go to rehab ….” Drugs, young people and the law Jane Sanders, Principal Solicitor The Shopfront Youth Legal Centre

Summary offences • possession • self-administration • possession of equipment Options • Young Offenders Act warning, caution or youth justice conference • Children’s Court

Indictable offences • supply • manufacture • cultivation Options • Young Offenders Act caution or conference (small-scale cultivation only) • Children’s Court • District or Supreme Court (large amounts)

2009/10: alleged offences committed by 10- 17 year-olds in NSW where police took action (excluding informal warnings) • 17, 223 people (2.35% of population) • 39, 943 alleged offences • Most common offences: assault, property damage, transport regulatory offences • 1,345 drug offences • 1,547 liquor offences

2009/10: alleged offences committed by 10-17 year olds in NSW: action taken by police (excluding warnings) caution 29.5% conference 5.5% penalty notice 22.5% court 42.5%

Other actions taken in relation to alleged offences committed by 10-17-year-olds: • 2009/10: 5,030 informal police warnings • 2009: 18,981 Railcorp penalty notices

Matters finalised in NSW Children’s Court 2010: • 17,496 proven offences • 446 illicit drug offences, including 336 offences of possess prohibited drug • Most common offences: common assault, property damage, larceny • Possess prohibited drug = 14 th most common offence

Drug possession offences - NSW Children's Court 2010 cannabis 84.2% ecstasy 11.4% amphetamine 3.8% cocaine 0.6%

Penalties for drug possession offences - NSW Children's Court 2010 dismissed with or w/o caution 42.3% fine 31.3% bond 19.6% dismissal after conference 4.3% probation 1.2% CSO 1.2%

Penalties for drug supply offences - NSW Children's Court 2008-2011 dismissed with or w/o caution 5% fine 5% bond 29% dismissal after conference 1% probation 37% CSO 11% suspended sentence 11% control order 2%

2009 Young People in Custody Health Survey: • 61.3% reported alcohol consumption had caused them problems in the last year • 44.5% reported illicit drug use had caused them problems in the last year

Options to deal with drug-related offending • Young Offenders Act caution or conference • Mental Health (Forensic Provisions) Act sec 32 or 33 (if young person has mental illness or cognitive disability) • Bond, probation, suspended control order with supervision • Youth Drug and Alcohol Court

Additional options for adults: • MERIT • Adult Drug Court • Compulsory Drug Treatment Correctional Centre • Intensive Correction Order

References: • NSW BOCSAR statistics • Sentencing for Common Offences in the NSW Children’s Court: 2010 (Judicial Commission of NSW, 2012) • A Picture of NSW Children (NSW Commission for Children and Young People, 2011) • 2009 NSW Young People in Custody Health Survey (Juvenile Justice, Justice Health, 2011) • War on Drugs (Global Commission on Drug Policy, 2011) • The prohibition of illicit drugs is killing and criminalising our children …(Australia 21, 2012)