Status quo for 17-year-olds in criminal justice system

The Queensland Government has decided the planned review of the State’s Juvenile Justice Act later this year will not canvass opinion on the status of 17-year-olds within the criminal justice system.

Communities Minister Warren Pitt said the government had considered whether a change was required in the treatment of 17-year-olds charged with offences committed after they turned 17, but had decided the status quo would continue.

“This group of 17-year-olds will continue to be treated as adults within the Queensland criminal justice system,” Mr Pitt said.

“At the same time, we will continue with the present approach whereby 17-year-olds already in the youth detention system will not be eligible to be transferred to the adult system until they turn 18.

“Also, those 17-year-olds charged with offences committed before they turned 17 will continue to be managed through the juvenile justice system”.

“The government has previously considered this particular matter, and done so again more recently. It heard from many stakeholders on the issue and is grateful for the input provided by various interested parties.

“We have closely examined the policy and economic implications of any changes to the current position and consider that current arrangements are reasonable.”

Mr Pitt said it was important to understand that not all 17-year-olds currently were treated as adult offenders.

“Young offenders who are in detention are not automatically transferred into the adult system when they turn 17, but remain in the juvenile system at least until they are 18.

“At present there are similar numbers of 17-year-olds in detention in the juvenile and adult systems – approximately 30 in each.”

Mr Pitt said he was aware of arguments supporting the transfer of 17-year-olds from the adult justice system to the juvenile system. These included how the move would bring Queensland into line with other Australian States, and more fully within the United Nations Convention on the Rights of the Child.

“For every argument in favour of the move, there is an argument that can be put forward to support the status quo.

“For example, it is the case that 17-year-olds would not necessarily be always better off if they were transferred to the juvenile justice system.

“This is because when determining a penalty against an adult offender, the court can take into account prior offences for which the adult has a conviction recorded as a child, whereas in the juvenile system any finding of guilt can be taken into account regardless of whether a conviction is recorded.

“This may be offset by reduced penalties generally applying in the juvenile system, but it could also mean an increased likelihood of being sentenced to a period of detention.

“As well, some judges may be reluctant to sentence a 17-year-old to detention in the adult system, but be more inclined to do so in the youth system.

“And while Queensland may be taking a different approach to other Australian States, our approach is similar to what happens in New Zealand.”

Mr Pitt said 17-year-olds in adult prisons had access to specialised programs tailored to meet a range of needs.

“These include educational, vocational, substance abuse treatment, anger management, life skills like budgeting and applying for jobs, as well as programs to address specific offending behaviour,” he said.

“Seventeen year olds are also able to access transition support and reintegration processes, to give them the best chance of remaining crime free once released.”

Within the adult prison system, 17-year-old males are usually accommodated separately in the Arthur Gorrie Correctional Centre, or where appropriate, in facilities closer to family members or their community.

Seventeen-year-old females are accommodated at either the Brisbane Women’s Correctional Centre or the Townsville Women’s Correctional Centre.

Mr Pitt said the government felt there were more significant priorities to be addressed within the juvenile justice system.

“For instance, we need to address current overcrowding in our youth detention centres, which would only be exacerbated by bringing in those 17-year-olds who are now part of the adult system.

“Also, transferring 17-year-olds from the adult system to the juvenile system would not be limited to those offenders sentenced to detention, but would apply across the board.

“It would also result in increased numbers of court appearances in the Children’s Court, expanded Children’s Court support services, and more youth justice conferences and community based court orders - all of which would have to be resourced.

“Resources and costs are not transferable from one system to the other. The capital costs alone for building the new detention centre capacity needed to support such a move into the future would run into hundreds of millions of dollars.

“Another priority we need to focus on is reducing the over-representation of young Aboriginal and Torres Strait Islander people in the system,” Mr Pitt said.

“We also want to continue addressing the causes of offending, and furthering our work to reduce re-offending behaviours.”

Mr Pitt said the Queensland Government would continue working towards reducing the high number of young people in custody, and in addressing anti-social behaviour and the diversion of young people from the criminal justice system, through appropriate support mechanisms.

Media contact: Joe Begley 3235 4280; 0408 701 379