Changes to the Children and Young Persons Act 1989

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					Changes to the
Children and Young Person’s Act 1989




Presentation to Juvenile Justice External Stakeholders

Presenter:

Date:




Department of Human Services
Overview
v   Background
v   Age change and definition of ‘child’
v   Further amendments
      • CAYPINS (Children and young persons
         infringement notice system)
      • Sentencing orders
      • Miscellaneous changes
v   Arrangements for 17 year olds in the adult system
v   Forecasted numbers and implementation
v   Conclusion
Background
• Children and Young Persons Act 1989 governs the way the
  Children’s Court deals with children and young people who are
  alleged to have committed an offence

• On 1 July 2005, two pieces of legislation will be introduced
  which amend and improve the CYPA:

ü Children and Young Persons (Age Jurisdiction) Act
ü Children and Young Persons (Miscellaneous Amendments) Act

• Victorian government departments (DHS, DoJ and DoI) working
  together to achieve best outcomes for young people
Age change and definition of ‘child’
• The CYP(AJ)A increases the age jurisdiction of the Criminal
  Division of the Children’s Court from 17 to 18 years old

• The age change brings Victoria into line with:

   ü most other jurisdictions in Australia
   ü other comparable international legal systems
   ü United Nations Convention on the Rights of the Child

• Extends the diversion and rehabilitation aspects of the
  Children's Court to 17 year olds

• Positive change for young people in Victoria
Age change and definition of ‘child’
• The CYP(MA)A amends the definition of ‘child’:

ü Child = ‘person who at the time of the alleged offence was
  under 18 years but of or above the age of 10 years but does not
  include any person who is of or above the age of 19 years when
  a proceeding for the offence is commenced in the Court’

• If child is 19 or over when proceeding is heard
   ü Children’s Court must hear proceeding unless ‘exceptional
      circumstances’ exist, in which case Children’s Court may
      transfer proceeding to adult court
Further amendments
•   The CYP(MA)A also introduces a number of amendments
    which improve the operation of the Criminal Division of the
    Children’s Court and provide the Children’s Court with more
    flexibility to deal with young offenders

•   Amendments fall into three broad categories:

    ü   CAYPINS – Children And Young Persons Infringement
        Notice System
    ü   Sentencing orders and breaches
    ü   Miscellaneous changes

•   Arrangements for 17 year olds in the adult system
    CAYPINS
• CAYPINS = Children And Young Persons Infringement Notice
  System

• CAYPINS = New process for dealing with unpaid fines issued
  against children

• CAYPINS provides a more flexible and efficient process and
  recognises that children often have limited capacity to pay fines
CAYPINS and existing process
• Existing process will continue after 1 July 2005

• CAYPINS = alternative to existing process

• CAYPINS has no direct precedent in Victoria
CAYPINS – The process
• Unpaid fine registered at court

• Court advises child of options

• Child can provide written information about personal and
  financial circumstances

• Registrar considers matter
CAYPINS – Registrar’s options
• Options for registrar:

   ü Confirm fine

   ü Reduce fine

   ü Order that payment should not be enforced

   ü Adjourn consideration of the matter to allow the child to
     appear
CAYPINS – Review of registrar’s order
• Agency can seek review of registrar’s order that fine not be
  enforced (must apply within 14 days)

• Child can seek review of registrar’s order to confirm or vary fine
  (must apply within 28 days)

• Children’s Court magistrate (or judge) reviews registrar’s order

• Upon review, magistrate has following options:

   ü Confirm registrar’s order
   ü Impose another amount not exceeding amount court can
     impose under s 150 of CYPA
   ü Order that payment not be enforced
CAYPINS – Default in payment by
child after order made
• If child defaults in payment, court can serve notice on child to
  attend enforcement hearing

• At enforcement hearing, court can impose any order it could
  make under s 155 of CYPA
Sentencing orders –
Undertakings and bonds
Undertakings and bonds
• No upper age limit

• Aggregate (single) bonds

• Maximum period of order
   Ø Undertakings - 6 months / 12 months
   Ø Bonds - 12 months / 18 months

• Maximum amount of bond specified
Sentencing orders –
Fines
Fines
• No upper age limit of order

• Payment of fine and definition of ‘child’

• Default in payment of fine – Probation / YSO

• Weekend detention repealed
Sentencing orders –
Probations, YSOs and YAOs
Probations, YSOs and YAOs
• Upper age limit – 21st birthday

• Aggregate orders – For multiple offences

• Maximum period of order – 12 months / 18 months

• Reporting / attendance times – Factors to consider

• Suspension of YSOs and YAOs

• Repeal of youth attendance projects
Sentencing orders –
YRC orders and YTC orders
Youth residential centre orders
• Upper age limit – less than 15 on day of sentencing

• Maximum period of order – 1 year / 2 years

Youth training centre orders
• Upper age limit – less than 21 on day of sentencing

• Maximum period of order – 2 years / 3 years
Miscellaneous changes
•   Delegation of Secretary’s power to isolate ( ss 7 & 256C(3))

•   Restriction on publication of Children’s Court proceedings (s
    26)

•   Orders in addition to sentence (s 191)

•   Reserving a question of law for determination by the
    Supreme Court (s 115A and 196B)
Miscellaneous changes
• Transfer from YTC to prison (ss 240 & 244B)

• Separation of remandees (s 252)

• Photographing of children in detention (s 253)
 17 year olds in the adult system –
 17 year old remandees
  From 1 July 2005, all 17 y.o.’s who are remanded in custody
  must be detained in a juvenile justice remand centre rather than
  an adult prison. This includes:

ü 17 y.o.’s who are on adult remand on 1 July 2005 –
  On 1 July 2005, these 17 y.o.’s will be transferred from adult
  remand to juvenile remand

ü 17 y.o.’s who are on bail for an offence committed as an ‘adult’
  prior to 1 July 2005 and who are subsequently remanded in
  custody as a result of breaching bail

  This change only affects the location of where the young person
  is remanded and does not affect the hearing of the substantive
  proceeding in the adult court
17 year olds in the adult system –
Breaches of adult sentencing orders
• If a 17 y.o. breaches an adult sentencing order by re-offending
  and/or non-compliance with a condition, the Children’s Court
  hears the breach
Implementation
• An assessment of existing staffing capacity has occurred

• Additional staff will be recruited to manage the increase in
  clients

• Information sessions are being provided centrally and regionally
  throughout June
Monitoring
• A monitoring group has been established to develop a
  monitoring system

• Purpose of monitoring system is to:

   ü Monitor the impact of the age change on the system
   ü Provide an ‘early warning system’
Conclusion
• Questions?

• For further information please refer to:

   ü Fact sheets
   ü www.dhs.vic.gov.au/juvenilejustice

• Or contact the Strategic Projects team on 03 9616 6905 with
  age change queries

				
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Description: Changes to the Children and Young Persons Act 1989