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  • 09 Criminal Offences and Penalties
  • Youth Justice
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Youth Justice

This chapter explains how criminal laws apply to young people interacting with the criminal justice system through outlining the way the Youth Justice Act 2004 applies to particular offences. This chapter also describes the process of the criminal justice system when a youth has been intercepted or charged with an offence (arrest, bail and the court’s approach, community conferencing and sentencing).

The Youth Justice Act 1997

The Youth Justice Act 1997 (Tas) governs the processes for young offenders in the Magistrates Court (Youth Justice Division) and the Supreme Court. This includes the responsibility to determine both care and protection matters and summary criminal proceedings in respect of young people. The Ma...

Youth Justice Process

Detention A guiding principle in sentencing under the Youth Justice Act 1997 is that the penalty imposed on a young person should be proportionate to the offence and should be no greater than an adult would receive for the same offence (s5). Another important guiding principle for sentencing is ...

Youth Justice Courts

Youth Justice Courts are generally closed courts. The press and all members of the public are generally excluded from the courtroom. In any particular case the only people usually present in a court when an individual case is being dealt with are: the Magistrate; the Magistrate's Clerk; ...

Community Conferencing

Community conferencing is the third tier of diverting youth away from the court and sentencing system. The rapid changes of adolescence and the tendencies for risk-taking behaviour that manifest in young people mean that the court system is often too slow, or formal to address the issues that und...

Sentencing Options for Youth Offenders

A police officer may be of the opinion that despite admitting the commission of an offence, the nature of the offence requires more formal proceedings than any of the above diversionary procedures. In cases such as this, the police officer may file a complaint for the offence before the Court. Co...

Page last updated 19/03/2018

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