Smart Justice for Young People

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We acknowledge the Traditional Owners and Custodians of the lands on which we operate, the Wurundjeri Woi-Wurrung and Bunurong Peoples of the Kulin Nation. We extend this acknowledgement to all First Nations’ Peoples and pay our respects to their Elders past and present and acknowledge sovereignty was never ceded.

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Ask ten

  • Raise the age of criminal responsibility to 14 years of age with no exceptions within this term of government.
  • Raise the minimum age of detention to at least 16 years, in line with UN recommendations.
  • Amend the Bail Act 1977 (Vic) to implement Poccum’s Law (1) beginning with children and young people aged 10-25 (2).
  • Raise the jurisdiction of youth justice to 25 years old in line with Victoria’s Youth Strategy: Our Promise, Your Future.
  • Resource proper consultation with affected groups.
  • Stage implementation starting with supervised bail and start using Cherry Creek Youth Justice Centre for both remand and sentenced young people over 18 years old.
  • Remove the need for police consent for diversion for 10-25-year olds (3).
  • Require police to provide reasons where they have not proceeded by way of summons per s 345 of the Children, Youth and Families Act (CYFA) in the forthcoming Youth Justice Act Bill.
  • Repeal the mandatory and presumptive uplift provisions for category A (non homicide offences) and category B offences contained in the CYFA in the forthcoming Youth Justice Act Bill as per recommendation 13 of the May 2022 Youth Justice Statutory Review.
  • The forthcoming Youth Justice Bill Act, Criminal Procedure Act 2009 (Vic), Sentencing Act 1991 (Vic), and Bail Act 1977 (Vic) should include formal acknowledgement of the unique systemic factors which lead to the over-representation of particular youth cohorts in the justice system, and the need for decision makers under these Acts to take active steps wherever possible to redress and reduce this over-representation.


References:

  1. Victorian Aboriginal Legal Service, ‘Poccum’s Law: The Blueprint for Bail Reform’ (Media Release, 22 March 2023).
  2. We acknowledge at the time of final production the introduction of the Bail Amendment Bill 2023 (Vic) into Parliament on 15 August 2023.
  3. See DJCS, ‘Review of the Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017’ (YJ Statutory Review Report), May 2022, p 7.