Youth Justice and Other Legislation Amendment Bill 2016

Overview

This bill undoes tougher youth justice laws from 2012 and 2014 and returns to a more rehabilitative approach. It closes youth justice proceedings to the public (but lets victims attend), raises the age for transfer to adult prison from 17 to 18, and brings back court-referred restorative justice conferencing as a way to divert young offenders from the formal court system.

Who it affects

Young people in the justice system, their victims, police and courts. Victims gain the right to attend closed hearings and take part in conferences; 17-year-olds are no longer automatically moved to adult prison.

Key changes

• Youth justice matters in the Childrens Magistrates Court are closed to the public, but victims and their representatives can attend
• Young people in detention stay in youth facilities until age 18 (with possible court-ordered delay to 18 years and 6 months), instead of being transferred at 17
• Police can refer a young person who admits an offence to a restorative justice conference instead of going to court, avoiding a criminal record
• Courts can dismiss a guilty plea and send a matter to restorative justice, or make a new 'restorative justice order' as part of sentencing
• If a conference cannot be convened (for example because the victim is unavailable), an alternative diversion program can be used instead