Inappropriate policing of young people is also a huge problem. What is
normal social interaction for young people is often branded anti-social
behaviour. Politicians cynically manipulate community fears about
"youth gangs" and "graffiti hooligans" to restrict
young people's access to public space.
As if police move-on powers were not enough, there has been a further
attempt to control where, and with whom, young people hang out. Last year
the courts were given the power to impose "non-association" and
"place restriction" orders on people who are dealt with for
offences. This is ostensibly aimed at breaking up gangs, but is gravely
misguided. Research has shown that US-style gangs are rare in this
country. The few organised gangs that do operate here are far more
sophisticated and are unlikely to be found hanging around on street
corners. What the new laws will do is criminalise disadvantaged young and
Indigenous people who commonly associate with their peers in public spaces
- often because they have nowhere else to go. These are the very people
that the government has previously said should be kept out of the criminal
justice and prison systems.
Is there anything positive happening in our criminal justice system?
Well, yes. Five years ago, the Young Offenders Act introduced a scheme of
police cautioning and youth justice conferencing for juvenile offenders.
It has been a great success in diverting children away from the court
system, and in reducing rates of re-offending. The government should be
proud of its success, so why aren't we hearing more about it? Because (to
paraphrase our Attorney-General) good news doesn't sell. Because cautions
and conferences are derided by some as a "soft option", which
doesn't command a high price in the law-and-order auction.
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Police officers have a legitimate point of view and should have a
voice. So should victims and members of the public who are worried about
crime.
But are any of our political leaders listening to disillusioned Legal
Aid lawyers and welfare workers who work hard to get their clients a just
outcome - only to have them repeatedly incarcerated for petty offences, or
constantly harassed by police just for being who they are?
Is anyone listening to people who are calling for a route out of
poverty, better mental-health and disability services, improved child
protection and family support, a well-resourced and inclusive education
system, or sensible long-term measures to deal with crime? Hello?? Is
anyone there?
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