Youth Justice

Question 1

The Children’s Court 3 divisions

Answer 1

-Family Division
-Criminal Division
-Koori Court

Question 2

Family Division

Answer 2

The Family Division of the Children’s Court deals with applications relating to the protection and care of children and young persons at risk and other related matters.

Question 2

Criminal Division

Answer 2

The Criminal Division of the Children’s Court deals with matters relating to criminal offending by children and young people occurring between the ages of 10 and 17 years.

Question 2

Koori Court

Answer 2

The Children’s Koori Court hears matters relating to criminal offending (other than sexual offences) by Aboriginal children and young people.

Question 2

The Criminal Division of the Children’s Court may deal with all charges except

Answer 2

• murder
• attempted murder
• manslaughter
• child homicide
• defensive homicide
• arson causing death, and
• culpable driving causing death

Question 3

Community Supervision Programs

Answer 3

Community Supervision Programs (CSPs) aim to divert young people from the criminal youth justice system (custody).
* Probation
* Youth Supervision Order
* Youth Attendance Order
* Parole

Question 4

Probation

Answer 4

-Probation is the least intensive supervisory order available under the
Children, Youth and Families Act 2005 (Vic).
-Probation is usually given to young people who have offended once or
twice before.
-The duration of a probation order is generally 12 months but may be up
to 18 months

Question 5

Youth Supervision Order

Answer 5

A Youth Supervision Order is a community based order usually given to young people who:
* who have been found guilty of quite a serious offence, or numerous offences
* committed the crime/s when under the age of 18.

-Mandatory conditions of a youth supervision order
include:
* not reoffending
* reporting to the youth justice unit as required
* obeying the instructions of a youth justice worker
* attending places specified in the youth supervision order (including
community service work)
* reporting any changes of address, school or employment
* not leaving Victoria without permission.

Question 6

Youth Attendance Order

Answer 6

A youth attendance order is a direct alternative to being detained in custody for children
aged 15 years or over at the time of sentencing.
A youth attendance order is usually given to young people who
* have been found guilty of a serious offence or
* who have appeared in court on a number of occasions
* Have committed offences when under the age of 18

-Under a youth attendance order, a child must:
* attend the youth justice unit as instructed
* not reoffend
* if directed, complete up to four hours of community service per week
* report any changes of address, school or employment
* comply with any special conditions set by the Children’s Court.

Question 7

Parole

Answer 7

Parole allows young people to serve part of a custodial sentence in the community under the supervision of a parole officer. Parole
enables their gradual reintegration into the community in a planned way with support and supervision.

Question 8

Courts sentencing children must
take into account a number of principles including

Answer 8

• The need to strengthen and preserve the child’s relationship with their
  family;
• The desirability of allowing the child’s education to continue;
• The desirability of allowing the child to live at home;
• The suitability of the sentence to the child.

Question 9

Dual Track System

Answer 9

• Dual track allows adult courts to sentence young offenders (aged under
  21 years) to serve custodial sentences in youth detention instead of in an
  adult prison.
• Dual track is intended to prevent vulnerable young people from entering
  the adult prison system at an early age.
• For a young offender to qualify, the court must be convinced that they
  have reasonable prospects of rehabilitation, or that they are particularly
  impressionable, immature or likely to be subjected to undesirable
  influences in an adult prison.

Question 10

Two Youth Justice Custodial Precincts in Victoria

Answer 10

• Parkville Youth Justice Precinct
• Malmsbury Youth Justice Precinct

Question 11

Children’s Court can sentence youth offenders to a period of detention under either:

Answer 11

-A Youth Residential Centre Order (children aged under 15)
-A Youth Justice Centre Order (children aged 15‐20)

Question 12

Youth Residential Centre Orders

Answer 12

A youth residential centre order is the most serious sanction available for children aged under 15 years.

Duration of order:
* one year (single offence)
* two years (one or more offences)

While detained in a youth residential centre, young people participate in education and programs that address their offending behaviour.

Question 12

Youth Justice Centre Orders

Answer 12

A youth justice centre order is the most serious sanction available for children aged above 15 years.

Duration of order:
* three years (single offence)
* four years (one or more offences)

While detained in a youth justice centre, young people participate in education and programs that address their offending behaviour

Question 13

Reasons why Victoria’s Youth Detention System is in crisis.

Answer 13

• Facilities unfit for purpose
• Staff culture: sloppily dressed, hard to differentiate from inmates, limited
  education, engaged in ‘bad habits’.
• Staff were inexperienced. Workforce was casualised and plagued by
  absenteeism due to unsafe working environment and being injured by
  inmates. Staff shortages.
• Introduction of lockdowns which involved inmates spending periods of
  time in isolation, preventing them from accessing education and other
  programs.
• The system under strain – isolation being used as a management tool
  despite it being illegal to isolate someone unless they present an
  immediate threat to safety.
• Disrupted access to education and rehabilitation programs due to
  lockdown and isolation.
• Changes to the Bail Act resulted in many more young people in Youth
  Detention Centres on remand – languishing for long periods waiting for
  their case to be heard in court
• The unfortunate backgrounds of youths in detention – have lived in
  chaotic environments and been the subjects of child protection –
  witnessed violence – are both victims and perpetrators of violence.