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Summary
Next week, the Victorian Parliament's Upper House is debating the new Youth Justice Bill 2024 (the Bill).
Smart Justice for Young People (SJ4YP), a coalition of over 40 Aboriginal and Torres Strait Islander, human rights, social services, health, youth, religious and legal advocates are calling on the Victorian Parliament to back and strengthen the Bill.
After five years in the making, the A Bill is a proposal for a new law, or proposal to change an existing law.Bill is set to introduce a new standalone Youth Justice Act, presenting a critical opportunity to implement long overdue reforms for a A child-centred approach focuses on the needs of the child, empowering them in decision-making processes.child-centredyouth justice system that works.
If passed, the Youth Justice Bill will:
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Raise the When a child is considered by law to be old enough to understand their actions are wrong and can face criminal charges.age of criminal responsibility to 12 years of age.
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Implement special measures to address the over-representation of Aboriginal children in the criminal legal system.
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Improve An alternative sentencing option that allows an offender to avoid a criminal conviction by undertaking conditions that benefit the victim, the community and themselves.diversion away from the criminal legal system into community-based programs.
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Prohibit the use of The isolation of a person in prison in a separate cell as a form of punishment.solitary confinement on children.
These changes will have a positive impact on diverting children away from police and prisons – helping them learn from their mistakes and stay connected to their families and communities.
But, we are calling on the Victorian Parliament to strengthen the Bill by:
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Raising the age of criminal responsibility to 14 with no exceptions.
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Removing new police powers to search, transport and detain 10- and 11-year-old children in police custody.
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Removing the trial of This is a form of digital surveillance that uses electronic equipment, such as ankle bracelets, to track and restrict a person’s movement.electronic monitoring conditions on A written promise to return to court. You can apply for bail if you want to be released from custody while waiting for charges to be dealt with. People on bail have not been convicted of any crime.bail.
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Making sure children are never locked up in adult prisons.
Below are some key changes included in the Bill and what we think about them:
Some steps forward
Minimum age of criminal responsibility
The Bill:
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Raises the age of criminal responsibility from 10 to 12 years old, recognising that children under 12 have not developed the social, emotional and intellectual maturity necessary to be held criminally responsible.
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Introduces a presumption against prison for 12- and 13-year-olds (although exemptions apply depending on the type of offending).
We strongly recommend that the government raise the age of criminal responsibility to 14 immediately, without exceptions.
The evidence is clear that any engagement with the criminal legal system causes harm to a child and risks entrenchment in the system, including from first contact with police. Consistent with the recommendation of the Yoorrook Justice Commission,international human rights standards, medical science, and criminological evidence, raising the age to 14 is the bare minimum reform required to support children to learn from their mistakes and thrive in their communities.
Overrepresentation of Aboriginal children in prison
The Bill introduces specific measures aimed at reducing the Where certain groups of people are represented in a proportion higher than the average.over-representation of Aboriginal children and young people in prison. The measures include:
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Introducing Rules the court follows when deciding on what type of sentence to give someone.sentencing principles, Rules, standards or guidelines that govern management of prisons.custodial principles, and rights specific to Aboriginal children and young people.
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Aboriginal representation on the Youth Parole Board.
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Frameworks to transfer powers to An independent, not-for-profit organisation that is initiated by, and is controlled and operated by Aboriginal People; thereby acknowledging the right to self-determination.Aboriginal Community Control Organisations.
With Aboriginal children 10 times more likely to be in detention, we are pleased this Bill includes these measures and acknowledges ongoing Policies or practices within institutions that unjustly privilege one group and harm another.systemic injustices. But there is much more to be done to end the overrepresentation of over-policed groups in the criminal legal system.
Diversion
The Bill includes some positive diversion measures. These include:
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Introducing more child-centred guiding principles for diversion.
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A new tiered diversion scheme to prevent formal contact with the criminal justice system where safe and appropriate.
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Transparency requirements in Early release from prison if an offender agrees to abide by particular conditions.parole (although exceptions apply).
Any contact with the criminal legal system harms children and increases the risk of them being criminalised in the future and becoming entrenched in the system. So, diversion is crucial for Support programs implemented in early life to reduce the likelihood of future involvement in crime.early intervention in crime prevention.
Treatment in youth prisons
The Bill strengthens some restrictions against harmful treatment in youth prisons by:
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Prohibiting the use of solitary confinement on children in prison.
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Strengthening restrictions on the use of force, isolation, and searches in youth prisons.
Subjecting children and young people to harmful prison practice undermines any rehabilitative purpose that prison might serve. While these measures are welcome, we are disappointed the Bill does not go further to prohibit the use of these cruel and degrading practices in youth prisons.
Some steps backward
Electronic monitoring and bail
The Bill introduces a $34 million pilot program for electronic monitoring of young people aged over 14 on bail.
We call on the Victorian parliament to immediately scrap electronic monitoring. Electronic monitoring does not work to prevent crime. Instead, it further stigmatises young people and sets them up to fail.
The Bill also fails to keep the Government’s previous commitment to reform bail laws, including ensuring children are not subject to Require a person to show that ‘compelling reasons’ or ‘exceptional circumstances’ exist for them to be released on bail.reverse onus bail provisions. In line with Poccum’s law, children must be excluded from the presumption against bail. Instead, there should be a presumption for bail and support programs, to prevent further criminalisation and give children the best chance to rehabilitate.
New police powers over 10- and 11-year-olds
The Bill introduces new police powers authorising the use of force, search and seizure, transport and detention of 10- and 11-year-old children by police.
We strongly oppose these new police powers and call on the Victorian parliament to urgently remove these provisions.
Given any contact with police causes harm to a child, granting police additional powers over children as young as 10 in a manner that replicates criminal responses will undermine the purpose of raising the age.
Police already have sufficient powers under current legislation and should adopt the current approach used for children under 9 years old. Further, these proposed new powers have no express limits, and will disproportionately impact First Nations children, multicultural children, and children in residential care.
Children transferred to adult prisons
Concerningly, the Bill includes new provisions that make it easier for children aged 16 and over to be transferred into adult prisons.
This is inconsistent with protections afforded to children by the Convention on the Rights of the Child – for every child deprived of their liberty to be separated from adults. Children must be treated in a manner which accounts for the needs of their age, and never locked away in adult prisons.
There should be no children in adult prisons.
Our key asks
YACVic, alongside SJ4YP coalition members, urge the Victorian Parliament to vote in support of critical reforms to Victoria’s youth justice system in the Youth Justice Bill. In addition, we call on the Victorian Parliament to include these vital amendments:
- Raise the age to 14
- Scrap electronic monitoring
- Remove new police powers for 10- and 11-year-olds
- No children in adult prisons
As this Bill is debated in parliament and discussed in the media, our collective focus must be on the futures of Victorian children. We know young people are less likely to offend when they are diverted from the criminal legal system to stay connected to family and community, provided with meaningful opportunities, and supported to learn from their mistakes.
What can you do?
To get this bill passed and strengthened, use Change the Record’s easy email tool to contact:
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Your local MP
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Jaclyn Symes, Attorney-General
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Enver Erdogan, Minister for Youth Justice