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.
- 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.
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.