Review of Gatekeeping Role in Young Offenders Act


Barrier 3 - There are not enough SYOs and they do not have adequate resources to perform the functions required by the Act

83. If SYOs are to make every decision about whether criminal proceedings should be commenced against a young person, then there needs to be enough of them to perform this function adequately. In relation to the issue of resources for YLOs and SYOs to perform the functions required by the Act, YLOs made the following comments:

Major problems in relation to time allocated for YLO shifts currently I haven’t been allocated a YLO shift for about 2 ½ months.

SYOs in rural areas are an issue which needs addressing. There are simply not enough police in isolated areas to successfully and professionally implement the procedures of the YO Act as in some cases the investigating official may end up making a determination as SYO.

Large problems with distance involved for some LAC’s, My LAC is about 100,000 square kms. It takes from 1-6 hours to get around to stations.

84. Commander Ellis has advised that all Duty Officers will be appointed as SYOs before the end of 1999. In his view, Duty Officers need to take responsibility for decision making. Martha Jarbour, representing victims on YJAC, agreed that duty officers should be appointed as SYOs because existing SYOs have too much responsibility and are only available for one shift. In her view, YLOs should be consulted for difficult cases and should be responsible for the overall implementation of the Act. Marcia Ella-Duncan, representing Aboriginal youth on YJAC, agreed that duty officers could make the decision about whether a young person should be prosecuted.

85. There needs to be enough SYOs to make decisions when they need to be made but not so many that the standard and consistency of decisions is compromised. The Police Service needs to make an assessment of where this balance should be struck. Local Area Commanders are being asked questions by Operational Crime Review (OCR) Committees relating to the number of SYOs in their Area and whether their YLO is full-time or part-time. For further discussion of OCRs, see paragraph 152 This process will make Local Area Commanders more accountable for the resources devoted to SYOs, including YLOs, in their area.

Recommendation

The Police Service should determine whether further SYOs should be appointed to cope with the number of decisions which need to be made or the distance which needs to be travelled. If more are needed, they should be trained before taking up their appointment.