The University of Notre Dame Australia Law & Order Forum 29 May 2010 Guest Speaker: Judge Reynolds.

download The University of Notre Dame Australia Law & Order Forum 29 May 2010 Guest Speaker: Judge Reynolds.

of 42

  • date post

    31-Mar-2015
  • Category

    Documents

  • view

    213
  • download

    0

Embed Size (px)

Transcript of The University of Notre Dame Australia Law & Order Forum 29 May 2010 Guest Speaker: Judge Reynolds.

  • Slide 1

The University of Notre Dame Australia Law & Order Forum 29 May 2010 Guest Speaker: Judge Reynolds Slide 2 I wish to recognise the traditional owners of this land both past and present The University of Notre Dame Australia Law & Order Forum 29 May 2010 Slide 3 The children now love luxury; they have bad manners, contempt for authority; they show disrespect for elders and love chatter in place of exercise. Children are now tyrants, not the servants of their households. They no longer rise when elders enter the room. They contradict their parents, chatter before company, gobble up dainties at the table, cross their legs, and tyrannize their teachers. Slide 4 THAT MIGHT STRIKE A CORD WITH SOME OF YOU ABOUT THE YOUTH OF TODAY The University of Notre Dame Australia Law & Order Forum 29 May 2010 Slide 5 IT WAS ACTUALLY MADE BY: Slide 6 SOCRATES The children now love luxury; they have bad manners, contempt for authority; they show disrespect for elders and love chatter in place of exercise. Children are now tyrants, not the servants of their households. They no longer rise when elders enter the room. They contradict their parents, chatter before company, gobble up dainties at the table, cross their legs, and tyrannize their teachers. Slide 7 And now for one a bit more recent Of all the animals, the boy is the most unmanageable Slide 8 THAT WAS MORE RECENT BUT BY PLATO WHO WAS A DISCIPLE OF SOCRATES The University of Notre Dame Australia Law & Order Forum Slide 9 PLATO Of all the animals, the boy is the most unmanageable Slide 10 Over 96% of young people both aboriginal and non-aboriginal have had little or no formal contact with police in the past five years. The University of Notre Dame Australia Law & Order Forum Slide 11 Statistics and on the ground observations support a compelling need for an urgent change of approach. The University of Notre Dame Australia Law & Order Forum Slide 12 Over the last 20 years or so the total of aboriginal imprisonment has nearly tripled, and the rate of aboriginal imprisonment over non-aboriginal imprisonment is about 27 times. Recent statistics show that 1 in every 12.5 aboriginal adults spent the night in a prison or a police lock-up within the State. The rate of aboriginal imprisonment is very relevant for aboriginal children because it means that many children are often at least without a parent, mostly a father. This creates or adds to lack of family support, both physically and emotionally. The lack of positive male role models for young male aboriginal children is a cause for concern. Law & Order Forum Slide 13 Average Daily Numbers of Aboriginal Children in Detention in April 2010 Aboriginal children represented about 69% of the remand population (64 of 93) made up by about 60 males and 4 females. Aboriginal children represented about 73.5% of the sentenced population (72 of 98) made up by about 68 males and 4 females. Slide 14 Criminal Charges Lodged Against Aboriginal Children 2005-2009 Over this period the total number of charges across the State has increased by 56.8%. Some of the categories of offences have increased as follows: -Acts intended to cause injury : 42.3 % -Sexual assault and related offences : 56.8% -Dangerous or negligent acts endangering persons :65.7% Slide 15 -Robbery and related offences : 78.7% -Unlawful entries and burglaries : 20.5% -Theft and related offences : 113.3% -Public order offences : 90.5% -Traffic and vehicle regulatory offences : 102.6% Slide 16 There has been above average increases in the number of charges over this period in the Kimberley, the Pilbara, Carnarvon, Albany, Bunbury, Northam, and in and about the metropolitan area in Armadale, Joondalup, Midland, and Rockingham. There has been a decrease in the number of charges lodged in Kalgoorlie and Geraldton by about 27% (Youth Justice has resourced and implemented particular youth strategy programs in these two regions). Law & Order Forum Slide 17 A Report by the Auditor General on Juvenile Justice in June 2008 included the following statistics: Aboriginal children make up 5% of all young people but account for 50% of formal police contacts (this could be more because of identification issues) Over the last 5 years aboriginal children make up 40% of cautions and 45% of Juvenile Justice Team (JJT) referrals. The University of Notre Dame Australia Law & Order Forum Slide 18 Indicative costs of dealing with 250 young people with the most expensive pathways in the justice system were estimated to be $100 million over their juvenile years (i.e. 10-17 years old). This cost includes periods of detention. Between 2002-2003 and 2006-2007 about of all arrests of children were aboriginal children. The University of Notre Dame Australia Law & Order Forum Slide 19 A small group of 120 children of all ethnicities averaged 25 or more formal police contacts over the last 5 years and these children were mainly male indigenous children in the regions particularly the Goldfields-Esperance, the Midwest/Gascoyne, and the Pilbara. The University of Notre Dame Australia Law & Order Forum Slide 20 Increase in Aboriginal Children Under 10 Years Coming into Contact with the Law Population data shows that for the next 5 years from June 2008 the numbers of aboriginal children less than 10 years of age will increase. If these children are directed to the Court at the same rate as currently, then another 237 aboriginal children will enter the juvenile justice system at a cost of $2.8 million per annum. Slide 21 In the Kimberley, over the years 2008- 2009, burglary offences have increased by 41% (495-759) and of the 759 offences in 2009, 56 offences involved children less than 10 years of age (the age of criminal responsibility) i.e. about 7.4%. For all offences recorded in the Kimberley in 2009, about 7.3% were committed by aboriginal children under 10 years of age and were statue barred. Law & Order Forum Slide 22 As a result of police coming into contact with more aboriginal children of ages less than 10 years, it may be that when they reach 10 years of age the police will regard them as a greater risk to the community and therefore be less likely to direct them away from the Court. The University of Notre Dame Australia Law & Order Forum Slide 23 The Objectives and Principles of the Young Offenders Act 1994 (the YOA Act) The objectives and principles of the YO Act require agencies, including the police, and also the Court to treat children different to adults. Emphasis on prevention and diversion. Slide 24 Rehabilitation and enhancement of the role of family. Need for Youth Justice systems to be different to adult systems and be more focused on rehabilitation and welfare issues than compliance issues. The University of Notre Dame Australia Law & Order Forum Slide 25 Causes of Criminal Behaviour Aboriginal children who commit serious offences are themselves victims for any one or more of the following: adverse impacts of colonisation (disempowerment and disconnection) parents are usually separated parenting skills are relatively poor or non existent Slide 26 they have been exposed to various neglects and abuses (physical and mental and sometimes sexual) they have been subjected to and/or been witness to domestic violence abuse of substances and violence are the norm they have been subjected to death and grief within the family Slide 27 FASD they have attended an inadequate amount of schooling - they are too tired to go to school or too traumatised to learn if they do go to school they have no sense of their own identity they have no sense of any positive self esteem they have an overwhelming sense of hopelessness The University of Notre Dame Australia Law & Order Forum Slide 28 they have no respect for themselves and so none for anyone else or the property of anyone else they often have unstable accommodation or have to fend for themselves for accommodation, food and other necessities of life they often have to worry about one or both of their own parents and/or take on the caring role of another family member and as a result miss out on their own childhood. The University of Notre Dame Australia Law & Order Forum Slide 29 The underlying causes of criminal behaviour show the need to reconnect justice and welfare systems for children and families in crisis. Criminal justice needs to be seen as a part of social justice. Slide 30 The lives of young aboriginal offenders include multiple layers of crises all happening at the same time. Increase in serious mental health problems. An emergence of cases where very young children are not fit to stand trial. The University of Notre Dame Australia Law & Order Forum Slide 31 Because causative factors are outside the criminal justice system, solutions must include programs provided from outside the criminal justice system. The University of Notre Dame Australia Law & Order Forum Slide 32 Key Players The aboriginal communities and aboriginal people themselves. Police Youth Justice DCP Department of Health Drug and Alcohol Office Education and Training Sport and Recreation Housing DOTAG DIA Slide 33 There are obvious long term problems if 2- 3 years of primary education is missed. Poor life skills, literacy and numeracy levels minimize employment prospects. Slide 34 Remands / Bail Bail Act Children have qualified right to bail Need for placements and responsible adults Need for safe houses and hostels Slide 35 Remands in custody in country WA result in children being transported to a detention centre in Perth. This results in dislocation from family, land and culture. Need for collaboration, and particularly after hours, by the police, the community, Youth Justice, and DCP on bail placements. The University of Notre Dame Australia Law & Order Forum Slide 36 Empowerment The power of and respect for current and prospective elders and