18 June 2008
AUDITOR GENERAL FINDS WA IS LOSING MOMENTUM WITH JUVENILE JUSTICE
In the report, tabled in Parliament today, Mr Murphy found that after a good start and concerted efforts to
implement the Young Offenders Act 1994, agencies were losing momentum on key aspects of the Act. The
agencies now need to refocus their efforts to better serve young people, their families and ultimately the whole
community.
Given the significance of the issue and the cost to the community of getting it wrong, the Auditor General,
Mr Colin Murphy has conducted a review of the Juvenile Justice process and in particular the critical period
between the juvenile’s first contact with the police and their attendance at court.
The examination found that fewer young people who have come into contact with police are being kept out
of the court system. Police referrals to juvenile justice teams, a critical alternative to court and the juvenile’s
future, are also on the decline. The report revealed the rate of redirection has decreased by 13 per cent over
five years resulting in more young people heading to court. This increases their risk of a future life of crime,
possible incarceration and results in greater costs for the community.
Mr Murphy found that the Juvenile Justice Teams (JJTs) were not working as intended. Improvements needed
include speeding-up the JJT family group meetings, better monitoring of the quality and completion of action
plans and providing greater opportunity for victims of crime to participate meaningfully in the process.
Mr Murphy made particular note of the fact that while indigenous young people are now slightly more likely
to be directed away from court, they remain over-represented in this part of the justice system (10 times) and
they are less likely to be granted bail.
His examination found that overall the number of young people who come into contact with the system was
small with 96 per cent having had little or no formal contact with police in the past five years. However, around
one thousand young people have been repeatedly in contact with police and courts over the last five years, and
this is a significant challenge.
From his cost-benefit analysis, Mr Murphy found that the indicative cost of dealing with 250 young people
with the most expensive pathways through the justice system was estimated to be $100 million over their
juvenile years (that is, 10 to 17 years old). Mr Murphy observed that this highlighted the need to address the
root causes of repeat offending.
Of some concern was the finding that more young people are being detained on remand because police are
having difficulty finding adults to supervise the young person so that they can release them on bail. This was
despite the fact that the police are generally making a significant effort to find a responsible adult. He found
that in many cases, when the police do find a potentially responsible adult, that person often refuses to take
responsibility for the young offender. This demonstrates the need for families and the community to take on
more responsibility for our juveniles.
Mr Murphy estimates that deficiencies in the system have potentially cost the justice system an additional $6.6
million over the last five years. If this trend continues, in another seven years, all potential savings from the
Act will have been eroded. He recognised that successfully dealing with young offenders is at stake and that
this is not only a financial issue.
The primary focus of his review was on whether or not the Western Australia Police, Department of Corrective
Services, Department of the Attorney General, and Department for Child Protection are applying the general
principles of the Youth Offenders Act in their handling of juveniles. In particular the review considered:
- The profile of young people who come into contact with the justice system
- Whether these young people are being directed away from court, as set out in the Act
- Whether juvenile justice teams, an important rehabilitation and restorative justice arrangement and a critical
alternative to court, are being used effectively
- Whether victims of crime have the opportunity to participate in juvenile justice teams
- Whether young people are being held in detention on remand as a last resort only
- Whether, once a young person is taken into custody, police can locate a responsible adult to supervise the
young person while they are on bail.
As a result of this study Mr Murphy has asked all agencies to take a fresh look at the main elements of the
juvenile justice system, so that it better serves young people and their families, and ultimately the whole
community. He stated that the required changes will not be achieved if agencies take a narrow view of their
roles in preventing and dealing with juvenile crime and that any review will only be successful if agencies
work together and recognise their joint responsibility for young people who have entered the juvenile justice
system.
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