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Understanding the importance and 'potential' of the youth offenders act 1997 (NSW) in addressing the over-representation of aboriginal juveniles in the criminal justice system

Indigenous Law Bulletin
Volume 8 Issue 9 (Nov/Dec 2013)

Abstract: The factors responsible for the ever-increasing incarceration of Aboriginal juveniles in New South Wales ('NSW') are complex and varied. This article will provide a perspective that argues part of the problem is a consequence of the lack of court alternate diversionary options available within the NSW criminal justice system for Aboriginal juveniles. The source of this outcome is explored through a critique of the Young Offenders Act 1997 (NSW) ('the Act'). The ability of an Aboriginal juvenile to access diversionary options like cautions and warnings is currently restricted due to the 'gatekeeper' role the NSW police occupy in how the legislation is interpreted and applied.

To cite this article: Pheeney, David. Understanding the importance and 'potential' of the youth offenders act 1997 (NSW) in addressing the over-representation of aboriginal juveniles in the criminal justice system [online]. Indigenous Law Bulletin, Vol. 8, No. 9, Nov/Dec 2013: 27-29. Availability: <http://search.informit.com.au/documentSummary;dn=801947005530884;res=IELIND> ISSN: 1328-5475. [cited 30 Sep 16].

Personal Author: Pheeney, David; Source: Indigenous Law Bulletin, Vol. 8, No. 9, Nov/Dec 2013: 27-29 Document Type: Journal Article ISSN: 1328-5475 Subject: Juvenile justice, Administration of; Juvenile delinquency--Law and legislation; Youth, Aboriginal Australian; Juvenile detention; Peer Reviewed: Yes

Database: Indigenous Collection