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The proposals from both sides of NSW politics will make juvenile crime worse

By Jane Sanders - posted Tuesday, 11 February 2003


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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About the Author

Jane Sanders is the principal solicitor of the Shopfront Youth Legal Centre, a Sydney-based legal service for homeless and disadvantaged young people. She is also an active member of several committees including the Youth Justice Coalition, the Juvenile Justice Advisory Council, and the NSW Law Society Criminal Law Committee. The views expressed in this article are her own.

Related Links
NSW Attorney-General's Department
NSW Law Society
Shopfront Legal Centre
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