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Under a proposed suite of changes, the Sentencing Advisory Council has advised that all courts go easier on youth offenders and expand the funding into regional areas of Victoria.
As part of research into youth offenders, Victoria’s Sentencing Advisory Council called for laws that would force the state’s courts into considering a young criminal’s history in out-of-home care and any previous trauma that may relate to their sentencing.
“Many children who have started offending have themselves been victims of crime,” said Ms Ward. “Childhood trauma affects children’s physical and neurological development in ways that increase their likelihood of offending. By recognising and addressing childhood trauma, [courts will see] there is a vital crime prevention strategy.”
The report “Crossover Kids” by the council found there is no current legislative guidelines and only limited case law on the relevance of trauma, including child abuse, to sentencing youths. It also identified barriers to fully informing sentencing without a child’s history.
Currently, the courts are required to consider factors including the age and criminal history of a youth offender, but there is no express reference to the relevance of prior trauma.
“The current legislation specifies matters that courts should consider when they sentence children, but there is no express reference to the relevance of childhood trauma,” said Ms Ward. “Our research indicates that this should be addressed.
“We know that a child’s early involvement in the criminal justice system predicts ongoing involvement in crime. If we can effectively address this trauma, we can [help avoid] any lifetime of damage to children, their families and the community.”
In addition to considering past trauma, the council has also called for extra funding for all regional courts that specailise in youth offending. It also called for a pretrial youth justice group conferencing to intervene early and to empower courts to order that child protection workers attend if the Department of Health and Human Services is responsible for a child.
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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