NCJ Number
148678
Date Published
1993
Length
10 pages
Annotation
This paper reviews changes in juvenile justice legislation in Australia over the last 15 years.
Abstract
Australia has experienced significant legislative change in the managing of juvenile offenders. Four States have rewritten their legislation dealing with young offenders and child welfare; the two territories have new legislation; in Queensland a juvenile justice bill is before parliament, and Tasmania is reviewing its juvenile code. The legislation generally involves a shift from rehabilitation and welfare to an emphasis on punishment proportionate to offense severity. Simultaneously, legislators have recognized the need for a separate system for young offenders that carries special measures to divert juveniles from formal criminal justice processing and that reduces their institutionalization. In many Australian jurisdictions there are now systems that distinguish between young offenders and children in need of care, as they avoid stigmatizing the latter, and acknowledge that punishment is more than purely benevolent in the case of the former types of offenders. Diversion strategies that give legislative recognition and encouragement to police cautioning and discourage the use of arrest are positive developments. Legislative provisions that encourage the participation of juvenile defendants at the adjudicatory stage and aim to improve the comprehensibility of procedures are welcome. The principle of proportionality in sentencing is a useful limiting principle, since it prevents excessive rehabilitation efforts as well as excessive punishments. In most jurisdictions there have been many improvements in the legal framework of juvenile justice, but in all cases important matters are partially or completely unregulated. The structuring of decisionmaking is still insufficient. 26 references