Criminal and Civil Justice Systems
In Victoria, criminal justice and correctional law and policy decisions have directly or indirectly contributed to the over-representation of the five groups of young people. The criminal justice system extends from the first contact with police, appearance in court right through to parole and/or transfer to adult prison.
We have also seen policy and legislation enacted based on a ‘tough on youth crime’ rhetoric rather than evidence of what works.
The changes to the Bail Act 1977 (Vic) introduced in 2018 have made it harder for young people to get bail and have disproportionately impacted women, particularly Victorian First Nations women. Young people have borne the burden of a defective bail system, which was still dealing with the compound effect of the 2013 bail changes and then the 2016 reforms which had little time to take effect.
Story: Mahmud
Mahmud (not his real name) is 17, he goes to high school and lives with his family in outer Melbourne.
“He was charged with intentionally cause injury in circumstances of gross violence, on a complicity basis for filming a fight that broke out.”
He was charged with intentionally cause injury in circumstances of gross violence, on a complicity basis for filming a fight that broke out. The circumstances of the incident were serious, but there was no evidence of any agreement, plan or understanding between Mahmud and his co-accuseds, the footage does not depict him intentionally assisting, encouraging or directing the commission of the offence and other people are shown to be filming as well who were not charged. Despite not being alleged to have committed or encouraged any violence, Mahmud was initially refused bail because of the seriousness of the charge. As a result, Mahmud spent 136 days in remand.
Because of the uplift presumption the matter was adjourned to a committal and a summary jurisdiction application was listed. This created delay for time to prepare evidence and disclosure materials, and a complainant examination.
Ultimately a discontinuance was accepted and all the charges were withdrawn. While this is a just outcome for Mahmud, because of the Category A charge influence on the bail decision-maker in the first instance, Mahmud spent 136 days in remand at a young age; because of the uplift process the matter took almost a year to resolve.
Next steps
To end over-representation in the criminal justice system, we are asking the government to act:
Ask ten
Raise the age of criminal responsibility to 14 years of age with no exceptions within this term of government.
Ask eleven
Improve the way youth victims are currently identified and supported to recover (including where they have also offended) and ensure that the system is child-centred, gender, culture and trauma informed and meeting their needs, in particular those who are over-represented in the criminal justice system.
Ask twelve
Prohibit the imposition of Personal Safety Intervention (PSIO) and Family Violence Intervention Orders (FVIO) and infringe ment notices against children under 14 years old.
Ask thirteen
Legislate to implement binding enforcement reviews as advised under Recommendation 17 of the Fine Reform Advisory Board’s (FRAB) Report.
Ask fourteen
Victorian Government legislate to expand CAYPINS for 18-25 year olds.
Ask fifteen
DJCS implement the Recommendation 9 of the Fines Reform Advisory Board (FRAB) report to increase the accessibility and sustainability of the Work and Development Permit (WDP) scheme and resource WDP sponsors, so more financially disadvantaged young people can deal with fines.
Ask sixteen
DJCS, promote and expand the Covid-19 fines concession scheme to all fines to enable financially disadvantaged young people to pay a reduced amount and exit the system.
Ask seventeen
The Victorian Government undertake a broad ranging review of the effectiveness (including cost recovery) of the Infringement and Demerit Point System in discouraging anti-social behaviour of 10-25 year olds and promotes safety, fairness and community welfare.
Ask eighteen
Implement the Recommendations of the PIPA Report relating to improving where a victim has been incorrectly identified as a perpetrator of family violence and SJFW Recommendations in particular Policing Recommendations
Ask nineteen
DFFH, DH and DE develop a whole of school and family approach to addressing underlying safety and well-being needs and end the over-reliance on PSIO’s in school settings, particularly against children over-represented in the criminal justice system.