NCJ Number
148685
Date Published
1993
Length
7 pages
Annotation
This paper discusses the current situation in Queensland (Australia) in the review of sentences for juveniles, identifies the considerations taken into account, and explains the approach soon to be implemented in Queensland.
Abstract
If increased powers are to be granted to courts that adjudicate juveniles, effective checks and balances are required to guard against the inappropriate use of these powers. An administrative review mechanism that performs such a function, similar to the current arrangement in Queensland, is unacceptable and without effective safeguards. Traditional judicial review mechanisms have had limited impact on the sentencing of juveniles, particularly those at the lower end of the system. What is needed is a specialized judicial review mechanism that is responsive to the particular challenges presented by juvenile offenders. Such a mechanism will soon be implemented in Queensland with the creation of the position of children's court judge. This judge is empowered by statute to review a sentence made by a children's court magistrate upon application by the juvenile concerned or by the director-general of the Department of Family Services and Aboriginal and Islander Affairs acting in the juvenile's interests. Upon hearing the merits of the sentence, the children's court judge may confirm the order, vary the order, or discharge the order and substitute another order. The review is to be conducted as informally and as expeditiously as possible. This system will create an authoritative body of sentencing precedents that will provide sentencing guidance to the courts. 2 references