Queensland's youth justice system and how it works

Our goal is to provide a fair and balanced response to youth in contact with the youth justice system. This response:

• holds youth accountable for their actions
• encourages youth to reintegrate into the community
• gives youth skills to create a better future
• promotes community safety.

Legislation

The Youth Justice Act 1992 took effect on 1 September 1993 as the Juvenile Justice Act 1992 . The Act provides a framework for dealing with youth in contact with the youth justice system. This framework outlines:

• procedures for police to respond to youth
• diversionary options such as cautioning and restorative justice conferencing
• how courts deal with youth
• a range of sentencing options
• how we manage youth on sentence orders
• how youth detention centres are operated
• the importance of families and communities in the rehabilitation and reintegration of youth, in particular Aboriginal and Torres Strait Islander communities
• youth justice principles.

The Act includes a wide range of options to address the variety of offending that happens. Offending can range from minor, one-off offending (that represents most offending) to serious, persistent offending.

The Act has been amended numerous times since it commenced.

Other legislation that interacts with the Youth Justice Act includes:

• Childrens Court Act 1992
• Bail Act 1980
• Criminal Code Act 1899
• Police Powers and Responsibilities Act 2000
• Child Protection Act 1999.

Youth justice principles

The charter of youth justice principles underpins the Youth Justice Act 1992.

Principles include that:

• the community should be safe, particularly from serious repeat youth offenders
• youth should be held accountable and encouraged to accept responsibility for what they have done
• consideration should be given to a youth’s age, maturity and, where appropriate, cultural and religious beliefs and practices
• the youth justice system should uphold the rights of youth, keep them safe and promote their physical and mental wellbeing.

Youth justice policy and practice

Queensland’s youth justice policy supports contemporary youth justice practice to:

• prioritise community safety
• address issues related to youth crime
• collaborate, coordinate and provide services, particularly with First Nations young people, families and communities
• reduce offending
• achieve improved outcomes for youth offenders and their families.

Our services operate within a framework established by the Youth Justice Act and principles, as well as whole-of-government policy.

Operational policies, procedures and guidelines govern the way we work with youth justice clients, including:

• victims
• youth in the youth justice system and their families
• partner organisations who help us deliver services.

Our programs are designed to align with the evidence on what is known to reduce reoffending.

We regularly review policies, procedures and guidelines to ensure that they:

• are best practice
• reflect the youth justice principles.

Our work is based on the principles of trauma-informed practice, a framework that emphasises the physical, psychological, and emotional safety of providers and survivors. It gives survivors a chance to rebuild a sense of control and empowerment in their lives.

Framework for practice

The Youth Justice Framework for Practice was announced as part of the Youth Justice Strategy Action Plan 2019–2021 and released in June 2020.

The framework aims to confirm and share the underlying values, principles, knowledge bases and skills that are central to:

• driving improvements in youth offending outcomes
• keeping communities safe.

The youth justice process

The youth justice process can be divided into the following 3 parts.

The police process

Police are usually the first point of contact for a youth offender. When a youth commits a crime, police could decide to:

• take no further action after completing their investigation
• issue a caution
• refer the youth to restorative justice conferencing
• pursue other legal processes, for example, a drug diversion or graffiti removal program
• pursue prosecution through the court.

The court process

If police consider the alleged offending is serious enough for a youth to go further into the justice system, court action is required.

A youth can stay in the community until the outcome of the court process has been finalised, or can be held in custody.

The sentencing process

If a youth pleads guilty to—or is found guilty of—offences when they go to court, they will be sentenced.