Youth Justice Case Study

1313 Words 6 Pages
Aaron is a 16-year-old Aboriginal person, who has moved from his family home in a small rural area to pursue his high school education in the city. Learning of his father’s recent death is especially difficult, as he is dealing with feelings of frustration and isolation, including separation from his family and culture at a critical time in his life. These factors have combined to cause him to withdraw from study and to lose sight of his goal of becoming a physicist. He is charged with punching another student, the bullying about his father the catalyst. This essay will aim to explain the purpose of the youth justice system and answer the legislative principles that guide the most appropriate sentencing for Aaron. The legislation referenced …show more content…
3) references the two important principles of the youth justice system; to protect the well-being of the youth who has contact with the justice system and to guarantee that the consequences the youth faces are proportionate to the seriousness of their action and to their circumstances. The first principle regards the youth’s well-being, which is reflected in the belief that “young people should be detained only as a last resort”, in accordance with the UNCRC and the UNSMRAJJ 'The Beijing Rules ', both of which maintain that “children should be deprived of liberty for the shortest appropriate period of time” (AIHW, 2016). Moreover, according to the CCPA 1987 Section 33 (2) on the scale of sentencing, detention is only considered when all other sentencing options have been contemplated and deemed “wholly inappropriate” (Marien, 2011, p. 6). It is also understood by the youth justice system that separation from family can be detrimental to a child’s well-being and, thus, according to the UNSMRAJJ “The Beijing Rules” Article 37 states “Children who break the law should not be treated cruelly. They should not be put in a prison with adults and should be able to keep in contact with their family.” In regards to the second principle, the objective is the “principle of proportionality” (Section 5 of the UNSMRAJJ “The Beijing Rules”). The goal of this principle is to ensure that the offender’s individual circumstances …show more content…
8) is diversion from “entry into the formal justice system… being placed on a community based order… custody and … re-entry into the system” on the basis that continuous imprisonment is a costly measure for the government to build and sustain juvenile detention centres. The principles that guide diversion from the justice system are detailed in the YOA 1997, which allows for juveniles to receive warnings or cautions from police or, for more serious offences, attendance of Youth Justice conferences. In regards to the conferences, the focus is on responding to juvenile offending by providing a community-based solution that allows for identification of the basis of the offending; persuades young offenders to acknowledge responsibility, confront and make amends with their victim and, in some cases, necessitate restitution for harm caused. Youth Conferencing both focuses on the requirements of the victim and offender beyond the abilities of the traditional court system and maintains the assurance of a diminished possibility of recidivism (Marien, 2011, p.

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