Queensland's Juvenile Justice System: Equity, Access and Justice for Young Women? (From ... And When She Was Bad? Working With Young Women in Juvenile Justice and Related Areas, P 15-24, 1996, Christine Alder and Margaret Baines, eds. -- See NCJ- 165370)

• NCJ Number: 165372
• Author(s): L Beikoff
• Date Published: 1996
• Length: 10 pages
• Sale Source: National Clearinghouse for Youth Studies
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Australia

Annotation

This paper examines how Queensland's (Australia) new juvenile justice legislation has impacted the juvenile justice system's processing of female juveniles.

Abstract

Queensland's Juvenile Justice Act 1992 and its companion act, the Children's Court Act 1992, became effective on September 1, 1993. These acts substantially reformed the juvenile justice system. Courts are now provided with a broader range of sentencing options, with emphasis on noncustodial options. The principles upon which the act is based include the right to special protection throughout proceedings; participative processes that the child can understand; punishments that are rehabilitative and reintegrative; and recognition of the role of family and community, particularly for Aboriginal juveniles. In addition, specific sentencing principles require the court to have regard to proportionality between the sentence and the offense. A child who has no apparent family support or opportunities to engage in educational programs and employment should not receive a more severe sentence because of these factors. With young women having suffered injustices under the previous welfare-based legislation, supporters of the new legislation expected that they would fare much better under more justice-oriented legislation. The assessment of the act reported in this paper was conducted 18 months after the new act went into effect. It examines the nature and extent of young women's offenses and sentencing compared to boys, the use of community- based orders, the use of detention for girls, and Aboriginal overrepresentation in the juvenile justice system. The assessment concludes that there are different sentencing trends in relation to young women who appear before the courts. Information obtained from field staff in relation to the administration of orders that involve young women shows that there is a need for greater awareness of gender equity issues. Attitudes regarding "appropriate" programs and activities for girls could well be influencing court practices, including the recommendations made to courts. 4 references