NCJ Number
148693
Date Published
1993
Length
8 pages
Annotation
This paper examines the theory and practice of cautioning in Queensland (Australia).
Abstract
In Queensland, police cautioning has been the primary method of diverting juvenile offenders from formal criminal justice processing since 1963. Queensland Police Service internal regulations currently govern cautioning procedures. These instructions have been replicated in the Juvenile Justice Act of 1992. Cautioning is a formal process, typically managed by Juvenile Aid Bureau officers, who are specially trained in this procedure. Practice standards require that the caution be conducted shortly after the offense, but normally not on the same day. The caution can only be used when the juvenile admits the offense and the juvenile and his/her parents accept that the caution is an alternative to court action. A caution takes approximately 30 to 40 minutes to administer. It can only be administered with the child's parents or caregiver present and usually involves a discussion of the offense. A separate discussion with the juvenile and between parents and police then occurs. Finally, the parties are brought back together for the formal component of the caution. The fact that the child has been cautioned is recorded and this becomes part of the official police record. The personal distress and inconvenience to the victim caused by the juvenile is highlighted to ensure the offender understands the consequences of any criminal activity. Extensive efforts are made to reintegrate the offender with the community. Cautioning is an effective sanction for first offenders in most cases; however, cautioning is not appropriate for potential hard-core offenders prior to their becoming entrenched in the justice system. 7 references