NCJ Number
119120
Date Published
1988
Length
6 pages
Annotation
Western Australia has a relatively high rate of incarceration of juveniles in comparison to other States in Australia and has made several significant changes in its juvenile justice system in the past 5 years.
Abstract
A major feature of juvenile justice systems throughout Australia is the gross overrepresentation of Aboriginal children. In Western Australia during the 1970's and early 1980's the juvenile justice system reflected an over-emphasis on welfare discretion. As a result, children were often admitted to maximum security institutions in the name of welfare rather than in consideration of normal principles of justice. However, the justice system now argues strongly for a separation of welfare and justice, avoiding compromising a child's rights in the name of welfare. Thus, children are entitled to due process of law and a sentence should be determined on the basis of need and not a perceived need. Legislative changes now under consideration will result in the appointment of a president at a district court judge level to preside over a newly constituted children's court. The president can review sentencing throughout the State, producing more consistent sentencing practices than now exist. Probation may come into increasing use as well. An alternative custody program called Challenge for Youth has also been developed, focusing on wilderness experience. Several pilot programs will also operate.