About youth justice
The goal of youth justice is to provide a fair and balanced response to young people in contact with the juvenile justice system. This response holds young people accountable for their actions, encourages their reintegration into the community and promotes community safety.
This goal is compatible with the Charter of Juvenile Justice Principles which underpins the Juvenile Justice Act 1992.
Overview of the Juvenile Justice Act 1992
The Juvenile Justice Act 1992 commenced operation on 1 September 1993 with major amendments occurring in 1996 and 2002. The Juvenile Justice Act 1992 provides laws for young people aged 10-16 years old who commit, or who are alleged to have committed, offences.
The Juvenile Justice Act 1992 provides a code for dealing with young people who come in contact with the youth justice system including:
- procedures for police to respond to young people
- providing diversionary options such as cautioning and youth justice conferencing
- providing a range of sentencing options
- outlining how courts deal with young people
- the operation of youth detention centres
- recognising the importance of families and communities in the rehabilitation and reintegration of young people, in particular Aboriginal and Torres Strait Islander communities
- establishing the Juvenile Justice Principles.
In the Juvenile Justice Act 1992, there is a wide range of options to address offending. These options attempt to address the wide spectrum of offending that can occur. Offending can range from minor, “one-off” offending (which represents the majority of offending) to serious, persistent offending.
Other legislation that interacts with the Juvenile Justice Act 1992 includes the Childrens Court Act 1992, the Bail Act 1980, the Criminal Code, and the Police Powers and Responsibilities Act 2000.
Youth Justice Policy Context
Youth justice policy and procedure development in Queensland supports contemporary youth justice practice. In 2007, the Department of Communities produced the Youth Justice Services Practice Manual and Youth Justice Conferencing Practice Manual. The manuals outline step-by-step processes for youth justice staff across both program areas. Each manual documents best practice and includes links to legislation, policies and forms.
To ensure contemporary practice in youth justice continues to be implemented in Queensland, youth justice policy and practice is subject to a cyclical review process. This ensures the following principles of the Juvenile Justice Act 1992 continue to be reflected in youth justice practice:
- a recognition of the vulnerability and maturity of children and their need for special protection when they have contact with the justice system
- the diversion of the young person from the criminal justice system as opposed to the institution of formal criminal proceedings
- wherever appropriate the detention of a young person as a last resort
- a focus on the rehabilitation of a young offender
- holding young people accountable and encouraging them to accept responsibility for their offending behaviour.
The interface between the youth justice system and the child protection system in Queensland is also an important consideration. Many youth justice clients have had contact with the child protection system, or their contact with the youth justice system may be a catalyst for child protection intervention. This has resulted in policy development to ensure high quality, coordinated service delivery is provided to young people and their families.