Page 2176 - Week 06 - Wednesday, 9 May 2012
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The nine principles outline key things a decision maker must consider when deciding what is in the best interests of a child or young person facing criminal matters. I would like to discuss three of those principles now, to illustrate very clearly why the youth justice principles should be included in the Bail Act.
Principle (e) states:
… if a child or young person is charged with an offence, he or she should have prompt access to legal assistance, and any legal proceeding relating to the offence should begin as soon as possible …
Principle (f) states:
… a child or young person may only be detained in custody for an offence (whether on arrest, on remand or under sentence) as a last resort, and for the minimum time necessary …
Principle (h) goes on to state:
… on and after conviction, it is a high priority to give a young offender the opportunity to re-enter the community …
While these points do not specifically mention breaches of bail, I would draw members’ attention to what I believe are the relevant core issues.
It is clear that children and young people need to minimise their contact and exposure time with the criminal justice system. It is also clear that children and young people should be reintegrated with their community, where safe to do so, at the earliest possible time. And it is clear that the Children and Young People Act states that detention, of any sort, should be considered as an absolute last resort.
To avoid any confusion, detention in this sense is not limited just to custodial sentences, where someone is found guilty of an offence by a court of law and sentenced by a magistrate or judge. Detention of a child can refer to time in a divisional wagon or holding cell as well as periods of remand.
A child may be placed on remand—that is, accommodated under strict supervision—at Bimberi Youth Justice Centre without sentence if they are refused bail by an authorised police officer. The child will then be brought before the Magistrates Court, where the case for bail may be heard again.
The reason detention is so clearly spelled out as a last resort for decision makers is that for years now, in many countries, in many states and even here within the ACT, experts and researchers have been telling us that, for most young people, entering the criminal justice system has many negative impacts. While there may always be cases where, for the benefit of the community, and ultimately for the benefit of the young person, detention is the most appropriate response, remand for remand’s sake is not one of them.
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