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Where am I now? Lawlink > Law Reform Commission > Publications > List of issues

Issues Paper 19 (2001) - Sentencing: Young offenders

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CHAPTER 2: DIVERSIONARY SENTENCING

ISSUE 1
Is the range of offences covered by the Young Offenders Act 1997 (NSW) appropriate?

ISSUE 2
Should the Children’s Court continue to have a power to caution young offenders under the Children (Criminal Proceedings) Act 1987 (NSW)? If so, when should this power, rather than the power to caution under the Young Offenders Act 1997 (NSW) be used?

ISSUE 3
Should people who attend youth justice conferences as respected members of the offender’s community be paid for their services?

ISSUE 4
Are the outcomes of youth justice conferences appropriate to achieve the objects of the Young Offenders Act 1997 (NSW)?

ISSUE 5
Do lawyers advise young people against participation in youth justice conferencing? If so, why? Should the Young Offenders Act 1997 (NSW) be amended to address this issue?

ISSUE 6
Do the Police Service and the Department of Juvenile Justice comply with the record keeping requirements under the Young Offenders Act 1997 (NSW)?

Are the statutory record keeping requirements under the Young Offenders Act 1997 (NSW) appropriate and adequate?

ISSUE 7
What is an appropriate rate for diversion of young offenders under the Young Offenders Act 1997 (NSW)? How can this be achieved?

ISSUE 8
How effective is the Youth Drug Court, both in reducing re-offending by young offenders and improving their health and well being?

ISSUE 9
Are the alcohol and drug treatment services available for young people in New South Wales adequate?

ISSUE 10
Is circle sentencing an appropriate way of dealing with young people who commit offences? Is the currently understood structure of circle sentencing an appropriate one?

CHAPTER 3: SENTENCING BY COURTS

ISSUE 11
Should the Director General of the Department of Juvenile Justice be able to exercise his or her power to discharge detainees under s 24(1)(b) and (c) of the Children (Detention Centres) Act 1987 (NSW) in relation to young offenders dealt with according to law as well as those dealt with under the C(CP)A?

ISSUE 12
What is the current procedure for dealing with care issues which come to the attention of the Children’s Court in the course of sentencing a young offender? Is it adequate?

ISSUE 13
Is the range of sentencing options under the Children (Criminal Proceedings) Act 1987 (NSW) fully utilised by sentencing courts? Is the current range of options adequate?

Should licence disqualification be available as a sentence for all offences?

ISSUE 14
Could community-based sentencing orders be better structured to enable young offenders to participate in educational or vocational work?

ISSUE 15
Is the current law dealing with young people and bail appropriate? If not, how should it be changed?

Do police and courts exercise their powers in relation to bail appropriately? If not, in what way? How should this be addressed?

ISSUE 16
Are Children’s Magistrates appropriately trained, skilled and experienced?

ISSUE 17

Should the Children’s Court be renamed? If so, what should it be called?

ISSUE 18: Evidence of prior offences
Is the law regulating the admissibility of evidence that a person pleaded guilty to or was found guilty of previous offences while aged under 18 appropriate?

Is the law regulating the admissibility of evidence that a person has been dealt with under the Young Offenders Act 1997 (NSW) appropriate?

ISSUE 19
Should courts have the power to permit the identity of young offenders to be published or broadcast? If so, is the current law appropriate?

ISSUE 20
Should New South Wales introduce mandatory sentences for offences committed by young offenders?

ISSUE 21
Should guideline judgments apply to young offenders?

ISSUE 22
Does court-based sentencing of young offenders adequately emphasise the role of restorative justice? If not, how can more emphasis be given to restorative justice?

ISSUE 23
How should the over-representation of young Aboriginal and Torres Strait Islander in the juvenile justice system be addressed in the context of sentencing?

ISSUE 24
Do young people from particular ethnic groups or backgrounds encounter discrimination in the sentencing process? If so, which groups or backgrounds? How should this be addressed?

ISSUE 25
Do young people from regional or rural New South Wales encounter discrimination in the sentencing process? If so, how should this be addressed?

ISSUE 26
Do young offenders with intellectual disabilities encounter discrimination in the sentencing process? If so, how can this be addressed?

ISSUE 27
Do young offenders in state care encounter discrimination in the sentencing process? If so, how can this be addressed?

How are young offenders in need of state care dealt with by sentencing courts?


Terms of Reference | Participants | Submissions
List of abbreviations | List of issues
Chapter 1 | Chapter 2 | Chapter 3
Appendix A | Bibliography

Table of Contents



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