YOUNG OFFENDERS ACT 1997 - SECT 34
Principles and purposes of conferencing
YOUNG OFFENDERS ACT 1997 - SECT 34
Principles and purposes of conferencing
34 Principles and purposes of conferencing
(1) The principles that are to guide the operation of this Part and persons
exercising functions under this Part, are as follows--
(a) The principle that
measures for dealing with children who are alleged to have committed offences
are to be designed so as--
(i) to promote acceptance by the child concerned of
responsibility for his or her own behaviour, and
(ii) to strengthen the
family or family group of the child concerned, and
(iii) to provide the child
concerned with developmental and support services that will enable the child
to overcome the offending behaviour and become a fully autonomous individual,
and
(iv) to enhance the rights and place of victims in the juvenile justice
process, and
(v) to be culturally appropriate, wherever possible, and
(vi)
to have due regard to the interests of any victim.
(b) The principle that
sanctions imposed on children who commit offences are--
(i) to be of a kind
most likely to promote the development of such children within their family or
family group, and
(ii) to take the least restrictive form that is appropriate
in the circumstances, and
(iii) to assist children to accept responsibility
for offences.
(c) The principle that any measures for dealing with, or
sanctions imposed on, children who are alleged to have committed offences take
into account--
(i) the age and level of development of any such children, and
(ii) the needs of any children who are disadvantaged or who are disconnected
from their families, and
(iii) the needs of any children with disabilities,
especially those with communication and cognitive difficulties, and
(iv) the
gender, race and sexuality of any such children.
(2) The purpose of a
conference is to make decisions and recommendations about, and to determine an
outcome plan in respect of, the child who is the subject of the conference.
(3) In reaching decisions at a conference, the participants are to have regard
to the principles set out in this section and the following matters--
(a) the
need to deal with children in a way that reflects their rights, needs and
abilities and provides opportunities for development,
(b) the need to hold
children accountable for offending behaviour,
(c) the need to encourage
children to accept responsibility for offending behaviour,
(d) the need to
empower families and victims in making decisions about a child's offending
behaviour,
