The Young Offenders Act 1993 establishes the criminal jurisdiction for all youths in South Australia and defines a youth as a person of or above the age of ten years but under the age of eighteen years. The objective of this Act “is to secure for youths who offend against the criminal law the care, correction, and guidance necessary for their development into responsible and useful members of the community as well as the proper realisation of their potential”.
The Act allows for juvenile offenders to be dealt with by the Youth Court or through diversionary mechanisms, such as a Family Conference.
In criminal matters the police decide how an offence will be dealt with in the first instance. The options available are a Police Caution, referral to a Family Conference or laying an information in the Youth Court.
The Youth Court is for young people aged between 10 and 17 who are alleged to have committed a crime.
If a young person is arrested, a police officer is responsible for the arrest and custody of the young person.
If a young person is arrested by the police, they can be given police bail, or they may be taken into custody and then required to come to Court to have a bail hearing.
If the police do not give a young person bail, then they will be taken to Kurlana Tapa, which is the detention centre in South Australia. The charge or charges will be heard in the Youth Court on the next working day.
The Bail Act 1985 sets out the rules around bail and allows young people to apply to the Court for bail.
If a young person wants to ask the Court for bail, they may wish to have a lawyer to apply on their behalf. A lawyer will be provided whether they are at the Court or at Kurlana Tapa.
If the young person is Aboriginal or Torres Strait Islander, they can request to have a lawyer from the Aboriginal Legal Rights Movement (ALRM).
The lawyer will ask the young person questions about the charge or charges. As well as their family, where they live, what school they go to, if they have a job and what types of support they might need.
The Aboriginal Youth Justice Officer assists Aboriginal and Torres Strait Islander people by providing culturally appropriate information. A young person can ask them questions and talk to them.
The lawyer will explain to the Court why the young person should get bail.
The Judge or a Magistrate will make the final decision about whether to give the young person bail.
If the Court decides they need more information before deciding, the Court may ask Youth Justice to look at the case and write a bail assessment report. This report will give the court information about where the young person can live, and what help they may need so they can come back to court on the next court date.
If the Court gives a young person bail, they must follow all the rules in their bail agreement.
The Court will make sure the young person understands the bail agreement before signing.
If a young person would like to change the bail agreement, they can speak to their lawyer who can apply to the Court for the bail to be changed.
To further understand the bail hearing process, how to apply for bail, and how to vary a bail agreement, please view the videos below.
- Detention for a period of up to 3 years;
- Home detention for a period of up to 12 months;
- Detention for a period of up to 2 years followed by home detention for a period of up to 12 months;
- An obligation to be of good behaviour;
- A community service order;
- An order than compensation be paid to the victim;
- Licence disqualification (for motor vehicle related offences); or
- A fine
The Court may also order that the youth pay the court costs and victims of crime levy.
Where the Court has imposed a sentence of detention, the judicial officer may decide to suspend that sentence upon the youth entering into an obligation to be of good behaviour. Failure to comply with that obligation may then revoke that suspension.
The Youth Treatment Intervention Court (“YTIC”) is for young people who have been charged with offences which will not be diverted to a Family Conference and will be heard in the Adelaide Youth Court. The YTIC aims to assist young people to reduce their offending, improve their mental health, and address their substance misuse. Participation in the YTIC is a voluntary condition of bail under section 21B of the Bail Act 1985. Judicial officers, magistrates, prosecutors, defence lawyers and Youth Justice Workers can make a referral to the YTIC when the young person appears in the general criminal list. Referral forms can be obtained from a Sherriff’s Officer at the Youth Court.
After being referred to the YTIC, program staff will complete an assessment with the young person to determine eligibility for the program. Eligibility requires a nexus between the offending behaviour and a substance use disorder, a mental health disorder, or mental impairment.
If assessed as eligible the young person will receive support from a case manager in the Intervention Programs Branch. The case manager will coordinate the young person’s treatment plan which will be individually tailored to address the conditions related to the offending behaviour.
The duration of program participation is up to 6 months. Throughout the program the young person will attend court periodically for progress reviews. At the end of the participation period, a detailed report will be completed for the Court summarising the young person’s participation on the program. Copies of all reports will be provided to the presiding judicial officer, prosecutor, and defence lawyer.
YACCA is a specialist court for young people sitting at the Adelaide Youth Court. The YACCA includes Aboriginal Elders and Respected Persons in the court process and by doing so provides YACCA proceedings with a cultural authority. It is a sentence delayed court model; the young person’s sentence is delayed while they work to address issues that contribute to their offending behaviour.
YACCA is a therapeutic court which engages the young person with an external service provider agency to address criminogenic factors while they are participating in the court process. The young person returns to YACCA at short intervals (determined by need), and their progress and engagement with the service provider agency is monitored.
Aboriginal Elders and Respected persons provide advice to the Judicial officer about the young person, their family, local, social, and cultural issues. It is a four-month intensive program where a young person is screened into a specialist court sitting, and where review meetings are held regularly. There is the possibility of the court extending the program for an additional two months (if required) and for the service provider to continue to work with the young person for a further six months after the court process has concluded.
Program services offered to the young person will be trauma focused and support their engagement in education or other pro social activities. By participating in the program, the young person will attend a culturally appropriate service provider who will assist the young person to improve their social, educational and psychological outcomes. The program is hoped to also provide counselling specific to the young person’s needs and anger management strategies.
The progress of the young person and their engagement with the service provider will be reviewed monthly in an informal court sitting with the Judicial Officer, Elder and Respected person, the young person’s family and any relevant service providers, all in attendance. SAPOL and the young person’s lawyer will also be able to attend the hearings, although the young person will be encouraged and supported to speak for themselves in these hearings.
The Judicial Officer will speak directly to the young person and their family about their engagement and participation in the service provided. The service provider will provide the young person with an opportunity to address areas of concern and support the young person to use their voice in all proceedings.
The Aboriginal Youth Justice Officer is available to assist the young person and their family with information about the YACCA or court processes.
Successful completion of the program and/or efforts to participate in the program will be considered during sentencing of the young person. Where possible, consideration will be given to diverting the person to a Family Conference as part of sentencing and there will be an emphasis on concluding the matter at the end of the YACCA program.
YACCA aims to
- Provide a youth centric and culturally responsive court process to Aboriginal youths and their offending.
- To engage the young person with an appropriate therapeutic service provider who will:
- Address trauma, dynamic criminogenic needs and improve social, educational and psychological outcomes for youth;
- Implement relevant protective factors for young people; and
- Reduce the frequency and severity of offending.
Length of the program
It is proposed that YACCA is a 4-month intensive smart court intervention model. It is intended that participation in YACCA will disrupt escalation points of a young person’s offending. The Court has an option of extending for a further two-month period, with the consent of all parties. Further, there will be the option of a further six-month engagement with the service provider agency (voluntary)
Eligibility for the program
The eligibility criteria is:
- The young person is Aboriginal or Torres Strait Islander or identifies as Aboriginal or Torres Strait Islander;
- The young person has been charged with an offence;
- The young person has admitted the offence;
- The young person is not eligible for diversion to a Family Conference;
- The young person is assessed as being of high risk of reoffending;
- The young person has an issue for which services are available;
- The young person has agreed to participate in YACCA including agreement to engage in program services;
- The young person has agreed to defer sentencing and to submit to drug testing where required; and
- The young person is eligible for bail.
| File | Action |
|---|---|
| YACCA Brochure.pdf | Download |
| File | Action |
|---|---|
| YACCA FAQs .pdf | Download |
| File | Action |
|---|---|
| YACCA Glossary.pdf | Download |
| File | Action |
|---|---|
| YACCA for Young People.pdf | Download |
If the young offender has admitted guilt, the Court may refer a criminal matter to the Conferencing Unit or back to police for a Formal Caution to be issued if it decides that this is the most appropriate way to deal with the offence.
When a matter has been referred to the Conferencing Unit, either by police or by the Court, the Conferencing Unit will then arrange for a Family Conference to be conducted. If the youth fails to appear at the Family Conference, at the Conference does not admit to the charge, or does not agree to the outcomes of a Family Conference, the matter will be referred back to the Youth Court where the presiding judicial officer will have the same sentencing powers as a Family Conference.
If the youth has agreed to the outcome of the Family Conference but then fails to comply with that outcome, the matter may be referred back to the police to lay the charge in the Court.