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Despite the hysteria being whipped up by the Herald Sun & the police association, the new bail law changes that came in on Monday 2nd May will in no way prevent police dealing effectively with youth offenders. Bail breaches have consequences.

The changes get rid of the draconian once size fits all bail laws introduced under the previous government. In all this beat up lets nor forget that the new Victorian Crimes stats Agency has just released stats showing youth offending is on the decline.

Recent highlighted offending by a small cohort of young people needs to be treated seriously and effectively. The Bail changes will enable justice and police services to target their resources to areas of concern. The changes will also enable courts to respond to the offending of young people as they should -individually.

Ariel Couchman
Director, Youthlaw

We know children and young people getting caught up in the Victorian criminal justice system are some of the states most disadvantaged and vulnerable, many from the poorest parts of Victoria, many having left school early, living in the out of home care system, with a highly disproportionate number being Koori children. We know many of these children and young people graduate to adult offending.

To limit the numbers of children on this trajectory of becoming adult offenders there is a critical need for a strengthened focus on early intervention and prevention programs.

The Andrews Government is making significant investment in early intervention and programs that address the causes of and risk factors behind youth offending. $5.6 million for a state-wide youth diversion program, new initiatives to keep or re-engage children in education, crime prevention programs that help local communities identify and address the risk and protective factors, Roadmap for Reform that aims to strengthen the child protection and family services system and Government’s commitment to implement the recommendations of the Royal Commission into Family Violence.

We encourage Government to further strengthen this approach and commit to alternate crime prevention policy and investment: justice reinvestment.

This approach involves a strong community development focus on intervening early and at critical life points, particularly in the lives of vulnerable and at-risk young people, currently over-represented in the criminal justice system.

A justice reinvestment approach is evidence based and data driven and resources communities and their young people to discuss, decide on and implement early intervention, prevention or diversion supports are needed by young people in their community.

Justice reinvestment aims to break the cycle of offending by focusing on and addressing some of these underlying social causes of criminal offending or recognized “risk factors” for offending behaviour, such as family violence and breakdown, child abuse, trauma and neglect, disengagement from school and/ or work, alcohol and drug abuse/misuse, and mental illness and intellectual disabilities.

By tackling disadvantage and the causes of offending, crime is prevented and expenditure on courts and prisons is reduced.

There is significant work going on in Victorian communities currently that demonstrate to various degrees of how justice reinvestment can strengthen communities and reduce youth offending.

The kinds of local community initiatives that help prevent crime and address its causes include:
– family support services such as parenting programs, enhanced maternal and child health care,
– a focus on preschool for young children, and
– education programs that help keep at-risk young people engaged in school or further training

Take the example of the work taking place in the community in Maryborough.

In the past Central Goldfields Shire has rated 79th out of the 79 local government areas in Victoria on many health and social indicators.
A multi-sectorial partnership called the Go Goldfields Alliance is tackling a range of health and social issues via a series of shire-wide, community-driven approaches to improve social, education and health outcomes for children, youth and families.

Even without a discrete justice focus, this collaborative community led approach is making a difference in addressing underlying causes of crime.

This National Youth Week Youthlaw calls on governments to recognise and address significant barriers that prevent young people across Australia achieving their potential.

High youth unemployment  

For the past 10 years youth unemployment has steadily increased. Young people have an unemployment rate that is twice and in some regions, triple the adult rate. The impact of this on young people can be enormous including long-term unemployment, poor mental & physical health, vulnerability to drugs and crime and homelessness.

Recent spikes in repeat and serious offending are being committed by young people in areas of very high unemployment.

Education barriers

There is wide consensus yet little focus on the inadequate funding of public secondary schools, TAFE and other educational and trade schools. It has resulted in high school disengagement and a generation of young people unable to obtain employment.

High youth mental health

The mental health needs of young people are only starting to be recognised, and funding for these services is way behind this need. Headspace is a start but needs greater funding. Greater funding is also required across the spectrum of need including chronic and complex mental health.

High exposure to family violence and childhood abuse

The Victorian Royal Commission into Family Violence and other inquiries are starting to reveal the impact family violence has on children and young people. In addition child abuse and neglect is a significant issued as is evidenced by high child protection intervention rates across Australia.

Data from Frontyard Youth Services indicates that a high proportion of the vulnerable young people presenting have been subjected to childhood abuse, neglect and./or family violence, often resulting in homelessness, poor mental health, substance abuse, school disengagement, victimisation and unemployment.

Criminalisation

Despite media reports that focus on youth crime, the Victorian Crime Statistics Agency figures from March show a 37% drop in the number of youth offenders aged 10 to 14 over the past 10 years, and no increase in the number of youth offenders aged 15 to 19.

However overwhelmingly young people in the criminal justice system have a background of vulnerability and disadvantage including family breakdown and violence, childhood neglect, and abuse. Those who have been in the child protection system are overrepresented (62% of those in juvenile detention) as are indigenous youth who are 2.4 times more likely to be in juvenile custody than non-indigenous youth.

What is needed?

• Creation of employment and training pathways & opportunities for young people
• Increased funding for education, mental health and family violence services
• Early intervention mechanisms such as police, court diversion & bail support to prevent vulnerable youth from entering the criminal justice system
• Free legal representation for all vulnerable young people under 25 facing criminal charges
• Increased funding for specialist youth legal centres to assist young people to assert and protect their rights.
• Increased funding to frontline youth and community services including community legal centres) to support vulnerable young people
• Governments to resist introducing law and order measures (eg. harsher & mandatory sentencing, minor offences leading to jail, new offences) that only net widen young people entering the criminal justice system and jails.
• Governments to act on calls to change criminal justice approaches and introduce a justice reinvestment approach that focuses on addressing the causes of crime.
• Governments to act on the calls to cut indigenous prison rates by ending mandatory sentencing for minor offences.

Ariel Couchman

Director, Youthlaw