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Senate Legal and Constitutional Reference Committee Inquiry into the Human Rights (Mandatory Sentencing of Juvenile Offenders) Bill 1999

NCJ Number
184039
Author(s)
Marise Payne; Helen Coonan
Date Published
2000
Length
184 pages
Annotation
Australia's Senate Legal and Constitutional References Committee analyzes the application of mandatory sentencing to juveniles in both the Northern Territory and Western Australia, and offers recommendations.
Abstract
The emphasis of Australia's Human Rights Bill 1999 is on "children" in detention and in prison; the role of mandatory sentencing in increasing the likelihood of juveniles being in these custodial situations, or being otherwise affected; and the extent to which international conventions would require that Australia meet specific obligations regarding "children." The Committee notes that a major difficulty in assessing the evidence was the absence of detailed, accurate, and previously published information on mandatory sentencing. In one chapter the Committee outlines some of the social and legal effects of mandatory sentencing and how they specifically affect juveniles. The Committee recommends that the Commonwealth, in consultation with the relevant governments, undertake an audit and review of all available diversionary and other support programs for juvenile offenders. It also recommends such cooperation in canvassing and developing options for rehabilitating and deterring juveniles and young adults from repeat offending as alternatives to mandatory sentencing. Another recommendation is to consult with indigenous communities to develop from within those communities alternative programs for dealing with juvenile offenders. Also recommended is the monitoring of the impact of mandatory sentencing on juveniles and young adults. Discussed as well is the possible role for the Commonwealth in the provision of interpreter services for juvenile offenders. Appended comments by senators and a list of organizations and persons appearing before the Committee