Youth Justice System Separate to adult system - Criminal law - - PowerPoint PPT Presentation

Youth Justice System

• Separate to adult system - Criminal law modified by:
• Young Offenders Act (1993)
• Family and Community Services Act (1972)
• Age of Criminal Responsibility is 10 Years, held to be

less criminally responsible

• Tiered structure of diversion prior to Court action
• Informal Cautions
• Formal Cautions
• Family Conferences

Key Youth Justice Agencies

• South Australian Police
• Courts Administration Authority – Family Conferences
• Youth Court
• Department for Communities and Social Inclusion –

Youth Justice

• Sector Partners – Health, Education, Housing,

Disability, Community Connect

Some stats for SA

In SA, on any average day during 2010-11

• 440 young people were under juvenile justice

supervision

• 85% were under community based supervision (N =

372)

• 15% were in detention (N = 70)
• Of those in detention, approximately 50% are on

remand (For an update of statistics http://www.aihw.gov.au)

General profile of population

• Small % of YP continue offending well into adulthood

and are responsible for a disproportionate amount of crime during their adolescence.

• Early onset moderate offenders often show a peak in
• ffending by 14 years and a decline subsequent to that

time.

• Late onset (15-16 years onward) moderate offenders

comprise a significant percentage of the juvenile justice system populations.

• Most children and young people ‘grow out’ of offending

and adopt law-abiding lifestyles. (AIC Trends and Issues Paper No. 409 February 2011)

Who are the young people who come into the justice system

• Most come from major cities
• Overrepresentations of Aboriginal youth
• Most come from lower socio economic areas
• The higher a young persons socio economic status the

less likely they will be held in a detention facility.

• Most under supervision are male
• Higher rates of mental health, drug and alcohol,

behavioural issues than the general youth population. (AIHW 2010/11)

Who are the young people..

• tend to significantly lag behind in educational

attainment; this is often related to prior school failure or exclusion and rates of special education disabilities.

• tend to have higher rates of experience of past

abuse and violence (including familial neglect and violence), and are more likely than the general population to have been a victim of crime in a non familial community setting.

What about young women Young women involved in crime are likely to have:

• a history of childhood abuse or neglect
• psychological or mental health issues such as

mood and anxiety disorders, and

• experience of self-harm or attempted suicide
• a history of out-of-home care or unstable

accommodation

• chronic illness or disability

What types of crimes

• Certain types of offences – graffiti/vandalism are

committed disproportionately by young people

• More likely to commit crimes in an opportunistic

manner, in public areas and in groups (AIC 2011)

• ABS data indicates that the principal offences

proceeded by SAPOL for 2011/12 regarding youth were:

• Illicit drug offences
• Offences against public order

Link between maltreatment & offending

• Relational issues
• Lack of warmth/control
• Rejection
• Poor supervision
• Harsh discipline
• Modelling violence

→ Poor emotional regulation

Abuse / Neglect Behaviour Problems / Learning and Peer Problems Mental Health / Homelessness / Care OFFENDING

Impact on brain development in early years and in adolescence and beyond

Cashmore (2011) & conference presentation 2012

• Timing matters

– onset & duration of maltreatment – Higher risk for later offending when maltreatment starts or continues into adolescence

• Transitions – vulnerable periods

→ into primary school → from primary school into high school → into care

Risk factors for delinquency

Adapted from Homel et al. (1999) as cited in Day & Casey (2007) Review of Programs in Youth Training Centres. Report for the Guardian of Children & Young People

Child Poor problem solving; Beliefs about aggression; Attributions; Poor social skills; Low self-esteem; Lack of empathy; Alienation; Hyperactivity/disruptive behaviour; Impulsivity; Prematurity; Low birth weight; Disability; Prenatal brain damage; Birth injury; Low intelligence; Difficult temperament; Chronic illness; Insecure attachment Familial Psychiatric disorder, especially depression; Substance abuse; Criminality; Antisocial models; Family violence and disharmony; Marital discord; Disorganised negative interaction/social isolation; Parenting style; Poor supervision and monitoring of the child; Discipline style (harsh or inconsistent); Rejection of the child; Abuse; Lack of warmth and affection; Low involvement in child’s activities; Neglect; Teenage mothers; Single parents; Large family size; Father absence; Long-term parental unemployment. School School failure; Normative beliefs about aggression; Deviant peer group; Bullying; Peer rejection; Poor attachment to school; Inadequate behaviour management Life events Divorce and family break-up; War or natural disasters; Death of a family member. Community and social factors Socio-economic disadvantage; Population density and housing conditions; Urban area; Neighbourhood violence and crime; Cultural norms concerning violence as acceptable response to frustration; Media portrayal of violence; Lack of support services.