Review of Gatekeeping Role in Young Offenders Act


Barrier 1- Police are making decisions to commence criminal proceedings without first referring the matter to an SYO


80. While I do not have any statistical evidence of the extent to which this is occurring I have concluded, on the basis of my consultations, that it is common. This is a considerable barrier to decisions being made in accordance with the Act because investigating police have received very little training in relation to the Act. It appears that many are continuing with previous practices and are either unaware of their new obligations or are unwilling to meet them. Since raising the issue, the Police Service has acknowledged that SYOs are the only officers who can commence criminal proceedings against young people. The Service is in the best position to implement strategies to ensure that the Act is complied with.

Recommendation

The Police Service should develop and implement strategies to ensure that only SYOs make decisions to commence criminal proceedings in relation to offences which come within the Act. Strategies which they may wish to consider include:

• ensuring that the responsibilities of investigating officers and SYOs are spelt out in all future training and education initiatives; The issue of training is considered further at paragraphs 99-107
  
  
  
• revising and re-issuing Police Service Circular 98/13 to make it clear that:
  
  
  
  • police officers cannot refer a matter for criminal proceedings unless they have been instructed by an SYO to do so. While this circular is an accurate summary of the responsibilities of police officers under the legislation, it does not say specifically that police officers should not send matters to court without having first referred the matter to an SYO.
    
    
    
  • if an SYO is not immediately available to make the decision strategies other than prosecution must be implemented; (for example, releasing the young person and arranging a time for them to return);
  
  
  
  
• advising police prosecutors to query matters referred for prosecution where the referral has not been made or authorised by an SYO.