Access the effectiveness of the criminal justice system in dealing with young offenders

“Access the effectiveness of the criminal justice system in dealing with young offenders”
The criminal justice system’s aims to be effective in dealing with young offenders. Youths have the highest tendency for rehabilitation and most continue there lifestyles obeying the law as they mature. There are several factors prompting juvenile crime. These are psychological and social pressures which are exclusive to teenagers. This leads to an increase of young people diobeying the law and running into the criminal justice system. The effectiveness of dealing with young offenders will be assessed on firstly, the effectiveness of the age of criminal responsibility, Secondly, the effectiveness of how young offenders are treated differently in the criminal justice system and thirdly, the current approach to youth in jail, will be examined to regulate whether the best outcome is being met for offenders and society.
Crime is committed excessively by young people.according to the australian institue of criminoloy “Persons aged 15 to 19 years are more likely to be processed by police for the commission of a crime than are members of any other population. In 2010–11, the offending rate for persons aged 15 to 19 years was almost three times the rate for all other offenders”.
Youth Offenders are generally trialed in the Children’s Court, except for serious indictable offences such as murder. Sentencing Options under the Children’s (Criminal proceedings) Act 1987 include Dismissal Adjournment, Good behavior bonds, Youth justice conference, Probation, Suspended/ Control order (maximum two years), Reform in the juvenile justice system – Young Offenders Act 1997, Youth Justice Conferences. These sentencing procedures are effective because they encourage rehabilitation over punitive measures. In more serious offences the young offender is obliged to consider the consequences of their actions.
A custodial sentence is a judicial sentence, imposing a sentence consisting of mandatory custody of the offender, either in jail or in a closed therapeutic and/or educational institution. This form of sentencing has shown a significant decrease in reoffending rates. Youth offenders high inclining rate of rehabilitation should produce more funds to be used on rehabilitation rather than spendng the money on a repeating offender who will serve time forever in jail. Also the use of imprisonment should be a last resort for young offenders as they have shown significant progress for rehabilitaion in other forms of punishment. Due to bail legisaltion changing in recent years it as increased the amount of juveniles on remand and the length of time they are spending in custody. Case: SBF v R (2009)– Driving offence which resulted in a car hitting a power pole, causing the deaths of a 16 and 17 year old, the offender was 17 years old at the time of the offence. When the judge was sentencing he said “that a person of almost 18 years of age can’t be treated hugely differently to one 18 years old”. The offender was sentenced too seven years and 10 months in imprisonment.
Doli incapax is the term used to describe that the offender was incapacble of having intention or malace due to their age. It applies to children under the age of fourteen. It is assumed that any child under the age of fourteen is incapable of commnting the crime with intent. Although doli incapax does not take into account mental disabilities, which is where a large proportion of offenders are in detention for. This is a clear example of how the criminal justice system is fair on the young offenders as it looks after them and sees rehabilitation as a strong method. Under the Children (Criminal Proceedings) Act 1987 any information or statement a child or young person gives to police will be inadmissible as evidence against that person unless:There is a responsible adult other than the police member present. This is important because police must ensure there is a responsible adult present any time a person under 18 years old is questioned. If not the police will be unable to use any information received as evidence. This shows that the system is effectve on dealing with young offenders by treating them differently to adult offenders who have more understanding and intention when commminting a crime. Doli incapax and allowing a adult to be present in interiews displays the criminal justice system caring for offenders and wanting them to rehabilitate and learn rather than just be thrown in detention.
In conclusion the criminal justice system has been partially effective with young offenders. The recent changes to the bail act, have significantly reduced its effectivness. Because of the changes now we have more young offenders held on remand and only a small amount receiving custodial semtences. Their needs to be more money put towards rehabilitation instead of putting offenders on bail and remand they need to have their punishment set so offenders can rehabilitate quicker and it is an easier process to keep track of young offenders whereabouts and progress. As many juveniles who are on remand are reoffending. These topics have formed the opinion that the justice system for young offenders is progressing but not quick enough as the statistics of young offending rates are too high.