NCJ Number
173798
Journal
Judicial Review Volume: 3 Issue: 4 Dated: March 1998 Pages: 201-214
Date Published
1998
Length
14 pages
Annotation
This article examines the practical operation of the parole jurisdiction of the Children's Court in New South Wales (Australia) and identifies some of the more commonly encountered difficulties in overseeing sentences imposed on children by various courts throughout New South Wales.
Abstract
Section 43 of the Sentencing Act 1989 of New South Wales provides that the Act applies to children and gives to the Children's Court the powers of the Parole Board with respect to children. The Children's Court's parole jurisdiction covers not only offenders who have been sentenced by the Children's Court itself, but also by the Supreme Court, the District Court, and the Local Court, when it exercises the jurisdiction of the Children's Court. This article describes the operation of the parole jurisdiction, with attention to sentences of more than 3 years, refusal of parole, sentences of 3 years or less, when a court should order supervision, and who should supervise. An overview of the review and revocation of parole orders addresses revocation by a sentencing court, revocation by the Children's Court, and parole review hearings. In considering other courts' sentences and the problems that arise, the article discusses fixed terms and minimum terms, extending the additional term, prisons and detention centers, classified persons, and the enforcement of other courts' sentences. The author advises that the sentencing of juvenile offenders can be complicated, especially when minimum and additional terms are involved; it is important to take into account the age of the child, especially at the time when he/she is due to be released on parole. It is also important to consider whether the child needs the intensive, hard-line supervision of the parole jurisdiction for a long period after release from a detention center. 1 suggestion for further reading