Review of Gatekeeping Role in Young Offenders Act


Barrier 2 - YLOs are not being used in preference to other SYOs when they are available.

81. Related to the issue of confining decisions about commencing criminal proceedings to SYOs are three issues identified as barriers 2, 3 and 4. The first relates to whether YLOs should be used in preference to SYOs when available. Feedback from police and conference administrators contained the following comment:

All matters should be referred to the YLO. There would be much greater uniformity and less errors.

82. Since YLOs have generally had more experience dealing with young people and were the first to receive training, it is not surprising that they are seen as being more familiar with the legislation and more competent to implement it. While it may be ideal for every matter to be referred to a YLO, there are only 87 throughout the State and it would be impossible for them to deal with every matter. However, it would be possible to provide, as a matter of policy, that if a YLO is available, the matter should be referred to him or her in preference to an SYO who is not a YLO.

Recommendation

As a matter of policy, an investigating officer should refer a matter to a YLO if he or she is available, in preference to another SYO.