Changes in juvenile justice come into force

The Juvenile Justice and Other Acts Amendment Act 2009 commenced on 29 March 2010.

Amendments set out in the Act are based on a review of the Juvenile Justice Act 1992. The Act has been designed to ensure that Queensland has a strong youth justice system that is based on evidence and community feedback, will support victims of crime, meet community expectations of the justice system, and address the underlying causes of crime.

Key amendments in the Act:

• Specify the courts’ powers to place curfews on juvenile offenders to reduce the chances of them re-offending and to ensure they are properly supervised;
• Widen court powers in relation to naming juvenile offenders, allowing orders to be issued, allowing publication of identifying information if the court considers it to be in the interests of justice to do so;
• Increase the minimum mandatory detention period for young people convicted of multiple murders from 15 years to 20 years’ imprisonment;
• Give police stronger powers to arrest and take to court young people who:
  - Do not comply with conferencing requirements
  - Contravene an agreement
  - Fail to attend a drug assessment and education session;
• Require courts to consider setting a date for the transfer of offenders from youth detention to adult prison when sentencing young offenders to be detained beyond the age of 18;
• Automatically prohibit the publication of information which identifies a child victim (amendment to the Child Protection Act 1999);
• Contribute to reducing remand levels by:
  - Requiring courts to consider the likely sentence when making bail decisions
  - Clarifying that, if a young person is remanded in detention because of a threat of harm to their safety, the threat must arise from the circumstances of the alleged offence (such as threat of retribution from a victim or a co-accused);
• Update the name of the Juvenile Justice Act 1992 to the Youth Justice Act 1992; and
• Make minor amendments to improve the workability of the relevant Acts.

A fact sheet which includes general information on the amendments in the Act is available and the Act can be accessed at:

http://www.legislation.qld.gov.au/Acts_Passed/Acts_Passed_NUM_2009.htm

Legal Aid Queensland is updating its publication for practitioners and service providers, 'Youth Justice – A Legal Practitioners Guide', to reflect the legislative amendments and it will soon be available on the Legal Aid Queensland website.

For more information on the Juvenile Justice and Other Acts Amendment Act 2009, please contact Deborah Hinchsliff, Office for Youth, Department of Communities on 3008 8616.