Review of Gatekeeping Role in Young Offenders Act


Barriers to Compliance with the Act - Index

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

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

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

Barrier 4 - YLOs are not ranked highly enough to carry out their responsibilities effectively


Barrier 5 - Police are not exercising their discretion in accordance with the Act

Barrier 6 - Police have insufficient access to information about the legislation and insufficient training to understand what is required to comply with the legislation and its objects

Barrier 7 - Police practices do not always conform with the procedural requirements of the Act or promote its principles, including the principle that young people should be informed about their right to obtain legal advice and to have an opportunity to obtain that advice

Barrier 8 - Magistrates are sometimes making decisions which do not conform with the Act

Barrier 9 - Lack of accountability mechanisms





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