Week Nine Flashcards
What is diversion
Programs to prevent further involvement in cjs
Take into account nature of child and possible lack of understanding
Birthed from restorative justice movement
What are the two main forms of diversion in Queensland?
Cautioning
Police referred community conference
Child must admit to breaking the law to receive these
Explain cautioning
A warning
Proven highly successful at deterring future crime and preventing a child’s future in the system
80% cautioned not come to attention of police again
Introduced in 1963 by Juvenile Aid Bureau
Offical reprimand by an officer or appropriate member of indigenous community.
Non police person present - child must understand what is happening and the consequences - notice of caution received - includes apology to victim and office police record
Magistrate can dismiss charge and order a caution
Not a part of criminal history
What is conferencing
Youth justice conferences (2002 name change)
Formal procedure bring together offender w victim and wider community.
Discuss offender behaviour and consequence to come to resolution.
Can be pre court or after court
Police recommend it with consideration to nature of offence and harm suffered, if it will benefit community and child.
Participants include: convenor, child w family member, legal practitioner, the victim w legal practitioner and family, a police officer.
What are requirements of the agreement of conferencing
Admission of child to committing the offence
Monitoring the child’s compliance with the agreement
May include: making restitution, voluntary work, apology, program like community service and any other matter found needed
What are court diversions?
Allow court to divert young person from further contact w cjs. Court refers child to caution or conferencing. Agreement reached st conferencing is used in order of court. So person can be dealt w court if they break agreement. Can be diverted by drug referrals or special treatment programs.
What post court diversions are available
Court referral to youth conferencing as final or pre sentencing order
Drug programs for minor drug offence - go back to court later
Court reprimand - final order - warned by court so court caution
Court referral to youth Murri court
What is a indefinite referral and pre sentencing option?
Indefinite referral: a final order
Pre sentencing: must come back to court later
What is the youth Murri court
Indigenous children referred for final sentencing
Cultural issues taken in account
A forum for aboriginal and tsi to have input
Same level as magistrates court - able to sentence youth that plead guilty
Less formal
Role of elders - provide advice to magistrate on cultural issues and background information on offender
What is the drug diversion program
Qld illicit drug diversion initiative offers progressional health interventions for people 12+ for first court appearance for minor drug offences
Inital two and a half hour assessment and education session w professional clinician.
What are the principles of sentencing
Young person detained in custody only as a last resort
Treatment in sentencing focuses on diversion
Held accountable and responsible
Age, maturity and cultural background considered
What are types of unsupervised orders
Reprimand (court warning)
Good behaviour order
Fine
Restitution and compensation
License disqualification
What are examples of supervised orders
Probation
Community service
Intensive supervision
Conditional release
Detention
A combination
