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Where am I now? Lawlink > Law Reform Commission > Publications > Issues Paper 19 (2001) - Sentencing: Young offenders

Issues Paper 19 (2001) - Sentencing: Young offenders


Contents

Terms of reference
Participants
Submissions
List of abbreviations
List of issues

1. INTRODUCTION
BACKGROUND
DEFINITION
EXTENT OF OFFENDING
COURSE OF THIS REFERENCE
Identifying the issues
This Issues Paper
Consultation and recommendations

2. DIVERSIONARY SENTENCING
YOUNG OFFENDERS ACT 1997 (NSW)
Warnings
Cautions
Youth justice conferences

    Referral
    Process
Legal advice
Record keeping
    Statutory requirements
    Evidence of prior offences
Media identification
Diversion rate
    Young Aboriginal and Torres Strait Islander offenders
    Ethnicity
    Geography
    Intellectual disability
    State care
    Referral to youth justice conferences by magistrates higher than referral by police
    Supervising police discretion
    Net widening
Evaluation
TREATMENT FOR ALCOHOL AND DRUG MISUSE
Treatment services
Drug Courts
    New South Wales Youth Drug Court
    Other Drug Courts
CIRCLE SENTENCING

3. SENTENCING BY COURTS
JURISDICTION
Criminal jurisdiction

    Children’s Court
    Local Courts
    District and Supreme Courts
Care jurisdiction
SENTENCING PRINCIPLES
Common law sentencing objectives
Children (Criminal Proceedings) Act 1987 (NSW)
International law
PENALTIES
Sentencing under C(CP)A and sentencing at law
Range of penalties
Breach of community based orders
POLICE POWERS
PUBLIC ORDER OFFENCES
COMMENCING PROCEEDINGS
POLICE QUESTIONING
BAIL
Discretion to dispense with bail
Discretion to grant bail
Bail conditions
CHILDREN’S COURT
Specialisation
Name of Court
CRIMINAL RECORDS
Recording criminal offences
Evidence of prior offences
MEDIA IDENTIFICATION
MANDATORY SENTENCES
SENTENCING GUIDELINE JUDGEMENTS
RESTORATIVE JUSTICE IN COURT-BASED SENTENCING
Victims
Parents
YOUNG ABORIGINAL OFFENDERS
Communication
ETHNICITY
GEOGRAPHY
Disparity
Effect of detention
INTELLECTUAL DISABILITY
Over-representation
Defining and identifying intellectual disability
STATE CARE

APPENDIX A: Reference group
BIBLIOGRAPHY



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