Page 2177 - Week 06 - Wednesday, 9 May 2012
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I would also like to clarify that the insertion of the principles in the Bail Act does not and is not intended to interfere with police officers’ interactions with a child who is in the act of committing fresh offences or who may have committed fresh offences and by doing so have also breached their bail conditions. This insertion is primarily concerned with minor breaches of bail, and does not prevent police from taking a child into custody if the circumstances, along with the consideration of the principles, warrant such action.
Much of the research I mentioned earlier regarding best practice in youth justice systems has been presented in recent times, most recently during the consultations undertaken by the ACT government in relation to youth justice issues. I acknowledge the reports—the Towards a diversionary framework discussion paper and the Human Rights Commission’s significant report into the ACT youth justice system.
Both these reports clearly highlighted a range of issues that needed to be addressed. The Human Rights Commission’s report included promising or best practice examples, concerns that they had with the system, and research. It also presented ways to improve the system. It included many recommendations.
Until recently, and in contrast with other Australian jurisdictions, the ACT did not have specific bail assessment or support programs. The recent establishment of the After Hours Bail Support Service has now provided children, families, police and community service providers with a possible alternative to short periods of remand based on breaches of the Bail Act. It provides a service for young people who are at risk of being remanded in custody, to assist them to remain in the community.
The service makes assessments of young people’s suitability for bail and provides support and advice to young people, family or caregivers as well as the police. The service’s target group are young people in police custody in relation to fresh offences where the watch-house sergeant is considering refusing bail, and young people already on bail who are at risk of breaching their bail or who have already breached their bail.
This amendment bill would create greater clarity for police when considering a course of action that might include arresting a child for breaches of the Bail Act, and strengthen the role of the After Hours Bail Support Service as well as other relevant services.
As the diversionary discussion paper mentioned, recent research into New South Wales trends in legal proceedings for breach of bail, juvenile remand and crime found that most young people who breached bail were not arrested for further offences whilst on bail, but commonly were arrested for breaching curfew conditions and not being in the company of a parent. It is also clear from the available data here in the ACT that breach of bail has been a leading reason for the admission of young people to Bimberi, with 83 of the 170 young people remanded in Bimberi in 2009-10 admitted for breach of bail.
My bill responds to a recommendation presented in the diversionary discussion paper that said:
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