The young offenders act 1997 passed through parliament in june 1997 and becomes effective on 6 april 1998. Young offenders act 1994 contents part 1 preliminary 1. Most of the special provisions are applicable only to the 15 to 17 age group. New south wales young offenders act 1997 part 5 and schedule 1. A different way of justice the young offenders act 1997nsw deals with young people who break the law. Proceedings act 1987 nsw, and except as otherwise provided by the young offenders act 1997 nsw. Sex offenders act 1997 9 schedule 1 to this act which lists the sexual offences to which this part applies shall have effect. The young offenders act 1997 yoa created a hierarchy of sanctions designed to divert young offenders from the court system including warnings, police cautions and youth justice conferences.
The aim of this study was to determine whether the introduction of the yoa had any impact on a the probability that a young offender will receive a. Section 1 young offenders act 1997 no 54 part 1 preliminary the legislature of new south wales enacts. Police attitudes to the structure of the young offenders act1997 nsw master research thesis fiona leahy page 10 1. It aims to divert young people away from the formal justice system e. It has also resulted in an almost 50 per cent drop in the odds of an aboriginal first. Young offenders act 1997 sect 3 objects of act 3 objects of act. It is the result of 10 years of trials and reform of the juvenile justice system. The impact of the nsw young offenders act 1997 on likelihood of. Review of the young offenders act 1997 and the children. For example, if someone robs a bank, they have committed the crime of robbery, which is an offence under the criminal code of. Subsidiary legislation made under this act current versions history of this act.
Young offenders act 94 kb act current to 20200421 and last amended on 20030401. The young offenders act 1997 yoa created a hierarchy of sanctions designed to divert young. Attorney general explanatory note the object of this regulation is to remake, with some minor amendments, the provisions of the young offenders regulation 2010, which is repealed on 1 september 2016 by section 10 2 of the subordinate legislation act 1989. Pdf violent young offenders in the criminal justice system. Young offenders act 1997, indigenous status, juvenile, youth justice conferencing, overrepresentation introduction the young offenders act 1997 yoa created a hierarchy of sanctions designed to divert young offenders from the court system including warnings, police cautions and youth justice. The acts specifying the responsibilities of the juvenile justice departments that are relevant to this collection are listed below. See coming into force provision and notes, where applicable. The young offenders act 1997 nsw deals with young people who break the law. The act was repealed in 2003 with the passing of the youth criminal justice act.
The young offenders act 1997 changes the way police and the justice system deal with young offenders. The young offenders act 1997 commenced on 6 april 1998. Public submissions relating to the act strongly supported the use of alternative processes to court proceedings for dealing with young offenders. All regulations previously made under the childrens protection and young offenders act 1979 revoked by young offenders regulations 1993. Changes that have been made appear in the content and are referenced with annotations. Sixteenyearold black males were the largest group of young offenders in residential placement, accounting for nearly 10 percent of the total. The yoa introduced the current system of warnings, cautions and youth justice conferences. Submissions identified a number of benefits arising from the diversion of young offenders, and a number of stakeholders supported an expansion of the range of offences covered by the act. Clause 2 provides for the commencement of the proposed act on the date of assent. Offenders aged between fifteen and twenty at the time of the offence are subject to the young offenders act. The young offenders act 1997 nsw is a vital piece of legislation, enabling police to use their discretion and effectively achieve justice for young criminals. The sex offenders act was prompted by public concern about increasing reports of paedophile activity.
Primary attention is paid to the system of cautions, warnings and youth justice conferences available under the young offenders act 1997. There are changes that may be brought into force at a future date. The new approach to juvenile justice had to grapple with some major issues about the structure of decision making and the nature and operation of. Initially, it is principally aimed at replacing punishment for young offenders. Young offenders and diversionary options executive summary this briefing paper is intended to be a progress report on altern atives to court for juveniles who commit criminal offences in new south wales. Youth on track expects to make a number of recommendations around the broad philosophy and principles governing the juvenile justice system, along with. However, provisions concerning young adults 18 to 20 years are quite restricted. The young offenders act 1997 nsw changes the way police and the justice. The nature of police attitudes to the structure of the young. Juvenile justice legislation in australia juvenile justice in australia is governed by state and territory legislation.
Available statistics on the acts first three years of operation suggest that it has led to a substantial increase in warnings and cautions and a corresponding decline in court proceedings. An act to establish procedures for dealing with children who commit certain offences through the use of youth justice conferences, cautions and warnings instead. Young offenders act a chapter taken from a practitioners guide to criminal law 2nd ed nsw young lawyers, 2003, isbn 0957838271 amended on 51203 the young offenders act 1997 nsw yoa establishes an alternate regime of dealing with young persons who commit certain offences by diverting them from the childrens court. Young offenders regulation 2010 under the young offenders act 1997 2010 no 399 part 1 preliminary 1 name of regulation this regulation is the young offenders regulation 2010.
The act changed the way that police and the justice system deal with young people who have offended. Young offenders act 1997 nsw department of justice. Children and young persons act northern ireland 1968. Review of the young offenders act 1997 and the children criminal. An act to establish procedures for dealing with children who commit certain offences through the use of youth justice conferences, cautions and warnings instead of court proceedings. Victims register part 2minor offences division 1general powers 6. A different way of justice the young offenders act 1997 nsw deals with young people who break the law. The principles and practice of youth conferencing in nsw, ch 6 in reshaping juvenile justice. A crime is an act that breaks one of canadas criminal laws. Young people have rights and responsibilities when it comes to dealing with the police and breaking the law. The yoa defines a child as a person who is 10 years of. The young offenders act 1997 consult act for detail the provisions of the young offenders act must be considered for every young person aged between 10 and 18 years when they commit an offence. It achieves this through warnings, police cautions and youth justice conferences.
Designation as officers of department for certain purposes 5. Young offenders is up to date with all changes known to be in force on or before 28 april 2020. Loi sur les jeunes contrevenants the act was an act of the parliament of canada, granted royal assent in 1982 and proclaimed in force on april 2, 1984, that regulated the criminal prosecution of canadian youths. Part 1 preliminary 1 name of act this act is the young offenders act 1997. Factsheet for lawyers cautions under young offenders act idrs. Young offenders act 1997 nsw on the juvenile justice system.
Young offenders act a chapter taken from a practitioners guide to criminal law 2nd ed nsw young lawyers, 2003, isbn 0957838271 amended on 51203 the young offenders act 1997 nsw yoa establishes an alternate regime of dealing with young persons who commit certain offences by diverting them from the. Young offenders act 1993 table of provisions long title part 1preliminary 1. Young offenders act 1997, indigenous status, juvenile, youth justice conferencing, overrepresentation introduction the young offenders act 1997 yoa created a hierarchy of sanctions designed to divert young offenders from the court system. This group is followed in descending order by 16yearold white males, 17yearold black males, and 17yearold white males. Western australian legislation young offenders act 1994. Young offenders act 1997 nsw 8 offences covered by act 1the offences covered by this act are, except as provided by this act. The act includes four options for dealing with young offenders. The bill that became the young offenders act 1997 contained the framework for both changing police practices with young offenders and introducing a form of conferencing that draws on the nz model. Programs of this type teach young offenders cognitivebehavioral skills that enable them to take their time, i. Both reports concluded that the policy objectives of the ccpa and yoa remained valid.
Reoffending rates were found to be 1520 per cent lower among those referred to a conference than among those attending court. The young offenders act yoa, introduced in 1998 to help reduce the number of young indigenous offenders ending up in custody has succeeded according to the nsw bureau of crime statistics and research. By allowing warnings and cautions to be issued, rehabilitation is promoted in a manner befitting the. This version of the legislation is compiled and maintained in a database of legislation by the parliamentary counsels office and published on the nsw legislation website, and is certified as the form of that legislation that is correct under section 45c of the interpretation act 1987. The objects of this act are a to establish a scheme that provides an alternative process to court proceedings for dealing with children who commit certain offences through the use of youth justice conferences, cautions and warnings, and. Cautions under the young offenders act 1997 a summary. It is the result of 10 years of trials and reform of the juvenile justice. Introduction this study will, by way of exploratory research, determine what police attitudes to the structure of the young offenders act 1997 the yoa or the act are. Court at a youth justice conference a young offender, with his or her family, is brought facetoface. The authors were able to show that this was not a consequence of low risk juvenile offenders being cherry picked from court for conference following the introduction of the legislation. The nsw young offenders act 1997 sydney institute of criminology monograph series, janet, b. Clause 3 is a formal provision giving effect to the amendments to the young offenders act 1997 set out in schedule 1.