Historically, children in criminal justice were treated much the same as adults and subject to the same criminal justice processes as adults. In Australia juvenile justice is the responsibility of the state and territory governments, and each state and territory has its own juvenile justice legislation, polices and practices. The juvenile justice system has been shaped by three key ideologies towards young people’s offending behaviour: the welfare, justice and restorative justice models. Across Australia, children and young people are deemed to have criminal responsibility if they are aged 10 or older. Children under the age of 10 cannot be charged with a criminal offence because of their maturity. The age limit for being treated as a young person, between the ages of 10-17 is the same in all states and territories except for Queensland, where the age limit is 16.
Diversion is a key aspect of the juvenile system in Australia, and the ability to divert or seer young people away from further involvement in the system. Juvenile diversion takes a number of forms, including complete diversion such as informal warning by police and referral to services outside the justice system. Another principle upon which the Australian juvenile system is based is the notion that detention is only a last resort. This is in conjunction with the United Nations Convention on the Rights of the Child, this states that children should only be deprived of liberty as a last resort and for the shortest amount of time appropriate. Each year around 3% of the Australian population aged 10-17 will be proceeded against by police, and only 1% will have their cased finalised in the Children’s Court, less than 0.3% will be detained.
In Australia around 6,100 children from the age of 10 were under youth justice supervision on an average day in 2013-14. Research shows that involvement in crime tends to be highest in adolescence or early adulthood and diminishes with age. Just over two-thirds (67%) of young people aged 10–14 who were proceeded against by police were male. Research has consistently shown males to have higher offending rates than females at all ages. Young people tend to come into contact with the juvenile justice system for particular offences. Young people are more likely to commit property crimes than crimes against person. In 2010-11 theft, was the most common offence for youth aged 10-17 proceeded against the police and accounted for. Youth offenders tend to be less experienced at committing crimes and often commit offences that are opportunistic, in groups, public area and close to their home.
Diversion is a key aspect of the juvenile system in Australia, and the ability to divert or seer young people away from further involvement in the system. Juvenile diversion takes a number of forms, including complete diversion such as informal warning by police and referral to services outside the justice system. Another principle upon which the Australian juvenile system is based is the notion that detention is only a last resort. This is in conjunction with the United Nations Convention on the Rights of the Child, this states that children should only be deprived of liberty as a last resort and for the shortest amount of time appropriate. Each year around 3% of the Australian population aged 10-17 will be proceeded against by police, and only 1% will have their cased finalised in the Children’s Court, less than 0.3% will be detained.
In Australia around 6,100 children from the age of 10 were under youth justice supervision on an average day in 2013-14. Research shows that involvement in crime tends to be highest in adolescence or early adulthood and diminishes with age. Just over two-thirds (67%) of young people aged 10–14 who were proceeded against by police were male. Research has consistently shown males to have higher offending rates than females at all ages. Young people tend to come into contact with the juvenile justice system for particular offences. Young people are more likely to commit property crimes than crimes against person. In 2010-11 theft, was the most common offence for youth aged 10-17 proceeded against the police and accounted for. Youth offenders tend to be less experienced at committing crimes and often commit offences that are opportunistic, in groups, public area and close to their home.