Latest news with #YouthJustice
ABC News
4 days ago
- ABC News
One week in the NT's Youth Justice Court shows effects of tough bail laws
It's a Tuesday morning, the time most kids would be in their first class at school. But in the Northern Territory's Youth Justice Court, children arrested overnight are being brought before a judge. Sitting in the dock is year 6 student Molly*. She is 12 years old, and last night spent her first night in a police watch house. Her mum has come to court, and the judge has allowed Molly to hold her baby sibling for a few minutes while lawyers debate whether she should be released on bail. It can be difficult to reconcile the small, softly spoken children who appear in youth court with the crimes they are sometimes accused of committing A 14-year-old charged with rape; a 15-year-old accused of attacking a young girl with a claw hammer — these are real examples of the disturbing level of violence allegedly perpetrated by children in the NT. But the bulk of young people who come before the courts are charged with far less serious offences, and often they have been victims of crime themselves. After observing 100 cases in the Youth Justice Court over the course of a week in July, some glaring issues emerge. The ABC observed a number of young people were not assessed for cognitive impairment or mental illness, despite court orders. Territory Criminal Lawyers senior lawyer Jenna McHugh, who regularly represents young people, said court-ordered assessments were critical. "They can significantly influence the court's decisions when it comes to sentencing, rehabilitation and referrals," she said. Ms McHugh said a few years ago an assessment would have taken six weeks, but could now take up to year, and in some cases were unable to be completed at all. In one case observed by the ABC, the court heard a 17-year-old girl whose mother had provided evidence of pre-natal alcohol abuse had waited 16 months for an assessment for Foetal Alcohol Spectrum Disorder (FASD). A psychologist working for the Department of Corrections told the court they did not have access to the multi-disciplinary team needed to diagnose children with FASD. It also heard there were only two external service providers in the NT that could conduct FASD assessments for children going through the courts, and both had waitlists in excess of six months. In another case, Lola*, 15, had spent time in and out of custody over the robbery of a service station, and was supposed to receive a mental health assessment in April. The court heard she had been exposed to drug abuse as a young child but would be unlikely to have a mental health assessment due to a lack of qualified staff. Lola pleaded guilty later that day without a report. "We're effectively dealing with that young person and sentencing them blindly when it comes to their cognitive ability and their mental health," Ms McHugh said. NT Children's Commissioner Shahleena Musk said understanding if a child had a severe mental illness or disability was vitally important to the sentencing process. "The court desperately needs this information to inform their decision making … and to craft an order that is fit for the nature of the offence, the impact on the victim, and also the needs of this young person," she said. Having worked as a prosecutor and a defence lawyer representing young people in court, Ms Musk said court-ordered assessments were also essential in reducing recidivism. "If we're going to stop young people offending, we need to look at what's happened to them and how to address their needs … otherwise, we will see young people reoffend, and reoffend more seriously," she said. In a statement, the NT Department of Corrections said a high volume of complex cases had "overwhelmed the current assessment capacity". The Department said efforts to recruit its assessment team were being hampered by the small pool of available and appropriately qualified psychiatric, neurological, and forensic staff in the NT. One of the most common questions judges in the Youth Justice Court are asked to consider is whether to release a young person on bail. With some of the strictest bail laws in Australia, a shrinking number of rehabilitation programs, and a cohort of young people with complex needs, bail is becoming increasingly rare. In one example, a teenager named Andy* who struggled with addiction and had already spent several months on remand due to procedural delays was denied bail due to a lack of rehabilitation programs in the Top End. Andy's lawyer told the court his client had spent his 16th birthday behind bars and was facing more time on remand, where he wasn't receiving adequate help. Judge Thomasin Opie denied bail because he said Andy's risk of reoffending was high in circumstances where there were no programs on offer that could cater to his needs. "In circumstances where the bail laws preclude the court from granting bail, in the circumstances where no programs are being funded [to support] children on bail … children are left to languish," she said. Ms McHugh said the situation was also concerning from a community safety perspective. "These kids are growing up in detention and they're going to become adults who reoffend, and the offending is just going to get worse because no one is addressing any of their needs effectively," she said. She said recent changes making it harder for young people to receive bail would only "kick the can down the road". *Names have been changed. NT law prevents media from publishing information that could identify a young person before the court.
The Age
02-07-2025
- The Age
Teen accused of stabbing Vyleen White to death set to enter plea
The teenager accused of murdering a Queensland grandmother in a shopping centre car park has been indicted in the Supreme Court. Vyleen Joan White died after she was stabbed in the chest at Redbank Plains, west of Brisbane, on February 3, 2024. A teenager was arrested two days after the attack in nearby suburb Bellbird Park. He was charged with murder, unlawful use of a motor vehicle and stealing, with police alleging the 16-year-old had attacked the woman while stealing her Hyundai hatchback. The teenager was indicted on Wednesday morning in the Supreme Court in Brisbane, with Justice Peter Callaghan agreeing to an arraignment for July 22. He also faced charges of unlawful use of a motor vehicle and stealing. The teenager, who cannot be named under Youth Justice laws, remained in custody, and did not appear for the proceeding. He had not formally entered a plea, with the case adjourned to later in July.
Sydney Morning Herald
02-07-2025
- Sydney Morning Herald
Teen accused of stabbing Vyleen White to death set to enter plea
The teenager accused of murdering a Queensland grandmother in a shopping centre car park has been indicted in the Supreme Court. Vyleen Joan White died after she was stabbed in the chest at Redbank Plains, west of Brisbane, on February 3, 2024. A teenager was arrested two days after the attack in nearby suburb Bellbird Park. He was charged with murder, unlawful use of a motor vehicle and stealing, with police alleging the 16-year-old had attacked the woman while stealing her Hyundai hatchback. The teenager was indicted on Wednesday morning in the Supreme Court in Brisbane, with Justice Peter Callaghan agreeing to an arraignment for July 22. He also faced charges of unlawful use of a motor vehicle and stealing. The teenager, who cannot be named under Youth Justice laws, remained in custody, and did not appear for the proceeding. He had not formally entered a plea, with the case adjourned to later in July.
BBC News
30-06-2025
- Politics
- BBC News
New plan hopes to turn children in Jersey away from crime
A plan designed to help children who have come into contact with the youth justice system has been made by the Government of Youth Justice Roadmap aims to guide services and professionals who work with children to help them lead safe lives. The government said services and the community across Jersey, including the police, Royal and Youth Courts and Jersey Youth Service will work to ensure children and families receive minister for justice and home affairs, Connétable Richard Vibert said: "A child diverted from crime is not just a reduction in offending, it is a family strengthened, a victim restored, and a safer island." He added: "This is about putting children's rights at the centre of how we build a safer, more supportive Jersey. "It's not just about reducing crime – it's about creating opportunities, restoring trust, and making sure every child has the chance to succeed, no matter what has happened in their past."The roadmap is part of the Building A Safer Community (BASC) Framework, which aims to bring together government departments, the emergency services, courts, community services, charities and families to work in partnership to prevent crime, respond and support young people.
ABC News
24-06-2025
- Politics
- ABC News
Children's commissioners urge federal youth justice reform ahead of First Nations conference in Alice Springs
The nation's major leaders, experts and community voices on First Nations justice will meet today in Alice Springs, amid growing calls for federal action on incarceration rates and deaths in custody. Aboriginal and Torres Strait Islander readers are advised that this article contains the name of an Indigenous person who has died, used with the permission of their family. Their discussions will include a focus on what children's commissioners are calling the "disturbing erosion of hard-won safeguards intended to shield Aboriginal and Torres Strait Islander children from institutional harm" across Australia. The two-day meeting follows a series of changes around the country to youth justice, bail and policing pitched at community safety, which advocates say disproportionately affect First Nations adults and children. It also comes less than a month after Warlpiri man Kumanjayi White died in police custody after he was restrained on the floor of an Alice Springs supermarket. Mr White's death has prompted calls for an independent investigation and for federal action to prevent further deaths in custody, particularly of First Nations people. Mr White's grandfather, senior Warlpiri elder Ned Jampijinpa Hargraves, has written to the prime minister requesting the Commonwealth withhold funding to the NT until it independently investigates his death and establishes a police integrity commission. He also supported calls for the federal government to implement all recommendations from the 1991 Royal Commission into Aboriginal Deaths in Custody. Adult and youth justice in Australia are overseen by state and territory governments, but pressure has been growing for the federal government to play a greater role. Productivity Commission data shows Australia is not on track to meet its adult incarceration target under the National Agreement on Closing the Gap, and the nation is going backwards on its youth incarceration targets. An independent, Indigenous-led review into Closing the Gap recently found "limited evidence that governments are making any systemic changes to meet [their] commitments". Ahead of the Alice Springs conference, a group of children's commissioners have urged the federal government to take "immediate action" to improve the states and territories' accountability for meeting those targets. The commissioners — who are part of the Australian and New Zealand Children's Commissioners, Guardians and Advocates (ANZCCGA) First Nations Caucus — also warned Australia is breaching its international obligations under the United Nations Convention on the Rights of the Child. "These are not symbolic gestures. They are binding commitments," the group said in a statement. In just over the past year, the Victorian, Queensland, NSW and NT governments have each passed changes expanding the circumstances under which children and teenagers can be held in custody, with South Australia recently releasing a "young offender plan" highlighting potential areas for reform. The ANZCCGA commissioners have urged the federal government to enshrine Australia's obligations under the UN treaty into domestic law, urgently establish a national children's minister, and pass a human rights act. In a statement, conference organiser the Justice Reform Initiative said the annual event would discuss "evidence-based reform" to the justice system to improve community safety. "This conference represents the strong and diverse range of experience and expertise that policymakers can and should draw upon, instead of resorting to failed 'tough on crime' rhetoric and increasingly punitive legislation."
