NCJ Number
59620
Date Published
1977
Length
36 pages
Annotation
THE BASIC PHILOSOPHY UNDERLYING RECENT JUVENILE JUSTICE LEGISLATION IN SOUTH AUSTRALIA IS PRESENTED, FOLLOWED BY DESCRIPTIONS OF PROCEDURES IMPLEMENTED UNDER THE LEGISLATION.
Abstract
RECENT CHANGES IN THE HANDLING OF JUVENILES WHO CONTACT THE CRIMINAL JUSTICE SYSTEM IN SOUTH AUSTRALIA STEM FROM THE JUVENILE COURTS ACT, 1971, AND THE COMMUNITY WELFARE ACT, 1972. THE PHILOSOPHY UNDERLYING THIS LEGISLATION AIMS AT TAILORING SYSTEM PROCEDURES TO THE NEEDS OF THE JUVENILES WHILE TAKING INTO ACCOUNT THE INTERESTS OF THE COMMUNITY. GREATER FLEXIBILITY IN PROVIDING REHABILITATIVE INFLUENCE IS SOUGHT. JUVENILE AID PANELS PROVIDE FOR THE NONJUDICIAL TREATMENT OF FIRST OFFENDERS BETWEEN THE AGES OF 10 AND 16 YEARS, EXCEPT FOR THOSE WHO HAVE BEEN CHARGED WITH SERIOUS OFFENSES. IF THE JUVENILE CLAIMS INNOCENCE, COURT ACTION IS REQUIRED, OR COURT ACTION MAY BE REQUESTED BY THE ACCUSED. JUVENILE AID PANELS PROVIDE INFORMAL, NONSTIGMATIZING GUIDANCE TO YOUTH IN TROUBLE; THE OPERATION OF A JUVENILE AID PANEL IS DESCRIBED. THE JUVENILE COURT DEALS WITH ALL YOUTHS OVER THE AGE OF 16 AND WITH CERTAIN YOUTHS UNDER 16 NOT DEALT WITH BY A JUVENILE AID PANEL. ALTHOUGH NO CHILD UNDER 16 YEARS CAN BE CONVICTED OF AN OFFENSE, ACOMPLAINT CAN BE ISSUED THAT THE CHILD IS IN NEED OF CARE AND CONTROL. THE COURT IS REQUIRED, HOWEVER, TO SATISFY ITSELF THAT AN OFFENSE HAS BEEN COMMITTED. LEGISLATIVE PROVISIONS, WHICH RESTRICT THE CIRCUMSTANCES UNDER WHICH CHILDREN CAN BE HELD IN CUSTODY ARE LISTED. ASSESSMENT CENTERS CONDUCT MULTIDISCIPLINARY ASSESSMENTS OF JUVENILES TO AID THE COURTS AND JUVENILE AID PANELS IN PROVIDING APPROPRIATE SERVICES AND GUIDANCE FOR EACH YOUTH. SOME OF THE COMMUNITY-BASED PROGRAMS AVAILABLE FOR JUVENILES IN SOUTH AUSTRALIA ARE DESCRIBED, AND CHARACTERISTICS OF JUVENILES APPEARING BEFORE JUVENILE AID PANELS AND THE COURTS ARE OUTLINED. REFERENCES ARE PROVIDED. (RCB)