Week 3 - INSTITUTIONS OF THE JUSTICE SYSTEM

Question 1

– What is the legislative framework that underpins the

juvenile justice system?

Answer 1

Juvenile Justice legislation

a) Young offenders Act 1987
b) Youth Justice Act 1992
c) YJ Regulations 2003
d) Children’s Court Act 1992

Other: Bail Act, Criminal Code, Police powers and resondsibility

Question 2

HUMAN RIGHTS
Which international human rights standards are
applicable?

Answer 2

– Main treaties and international instruments:
• Convention on the Rights of the Child (CRC) – most important
• Beijing Rules – Standard Minimum Rules for the Administration
of Juvenile Justice 1985
• Tokyo Rules – Standard Minimum Rules for Non-custodial
Measures 1990
• Riyadh Guidelines – Guidelines for the Prevention of Juvenile
Delinquency 1990
• Rules for the Protection of Juveniles Deprived of their Liberty
1990
– Other relevant treaties:
• International Convention on Civil and Political Rights (ICCPR)
• Convention for the Elimination of All Forms of Racial
Discrimination (CERD)

Question 3

KEY PLAYERS

Who are the key players in the juvenile justice system?

Answer 3

.The Police:
– Investigation, arrest and prosecution (in
the Childrens Court)
– Official crime statistics on youth crime
– Diversionary measures:
– Youth justice policy formulation
– Bail
– Remand
– Transportation to detention centres

• Community Services Department / Juvenile Justice
Department
• Statutory bodies
• Other State Bodies
–The Commonwealth
Government
–Local Government
–Non-Government
Organisations

Question 4

– What are the mechanisms of accountability and
regulation that we can use to keep the key players in
check?

Answer 4

The regulation of the accountability of juvenile justice
agencies is needed because:
– A great deal of power is reposed in the police, courts and
detention centres etc.
• How?
– Legal
• Legislation / Courts / Disciplinary and complaint bodies
• International and national standards
• Etc…
– Non-legal, for example:
• Management structures
• Public involvement in advisory/consultative bodies
• External research and evaluation
• Etc…

Question 5

What are the underlying philosophies and principles of

our juvenile justice system?

Answer 5

– To address some of these criticisms, a more
“justice-oriented” approach was advocated
– Nevertheless, some welfare-oriented
considerations were still retained:
• “Provide opportunities for development in
responsible, beneficial and socially
acceptable ways”
• To provide “care, correction and guidance
necessary for their development into
responsible and useful members of the
community, and the proper realisation of their
potential”

Question 6

What are the effects of the juvenile justice system?

Answer 6

• Corporatism as a “third” way or model
• Neoconservatism and
Neoliberalism
–Competing strands united
under the New Right
•New right? Sometimes also
called Right Realism
–Nature and characteristics?

Question 7

What are the principles of the Juvenile Justice system?

Answer 7

1. The Welfare model - Criminological theories

2. The Justice Model - Criminological theories + Sentencing rationale

Question 7

What are the principles of the Juvenile Justice system?

Answer 7

1. The Welfare model - Criminological theories
   - emphasis on ‘needs’ over ‘deeds’
   - Rehabilitation
2. The Justice model
   - emphasis on the offender not the offence
   - promotes ‘just deserts’

Question 8

When did QLD abolish the Commissioners for Children adn Young People and Child Guardian?

Answer 8

In 2014