YOUNG OFFENDERS ACT 1994 - SECT 7
YOUNG OFFENDERS ACT 1994 - SECT 7
7 . General principles of juvenile justice
The general principles
that are to be observed in performing functions under this Act are that
—
(a)
there should be special provision to ensure the fair treatment of young
persons who have, or are alleged to have, committed offences; and
(b) a
young person who commits an offence is to be dealt with, either formally or
informally, in a way that encourages the young person to accept responsibility
for his or her conduct; and
(c) a
young person who commits an offence is not to be treated more severely because
of the offence than the person would have been treated if an adult; and
(d) the
community must be protected from illegal behaviour; and
(e)
victims of offences committed by young persons should be given the opportunity
to participate in the process of dealing with the offenders to the extent that
the law provides for them to do so; and
(f)
responsible adults should be encouraged to fulfil their responsibility for the
care and supervision of young persons, and supported in their efforts to do
so; and
(g)
consideration should be given, when dealing with a young person for an
offence, to the possibility of taking measures other than judicial proceedings
for the offence if the circumstances of the case and the background of the
alleged offender make it appropriate to dispose of the matter in that way and
it would not jeopardise the protection of the community to do so; and
(h)
detaining a young person in custody for an offence, whether before or after
the person is found to have committed the offence, should only be used as a
last resort and, if required, is only to be for as short a time as is
necessary; and
(i)
detention of a young person in custody, if required, is
to be in a facility that is suitable for a young person and at which the young
person is not exposed to contact with any adult detained in the facility,
although a young person who has reached the age of 16 years may be held in a
prison for adults but is not to share living quarters with an adult prisoner;
and
(j)
punishment of a young person for an offence should be designed so as to give
the offender an opportunity to develop a sense of social responsibility and
otherwise to develop in beneficial and socially acceptable ways; and
(k) a
young person who is dealt with for an offence should be dealt with in a time
frame that is appropriate to the young person’s sense of time; and
(l) in
dealing with a young person for an offence, the age, maturity, and cultural
background of the offender are to be considered; and
(m) a
young person who commits an offence is to be dealt with in a way that —
(i)
strengthens the family and family group of the young
person; and
(ii)
fosters the ability of families and family groups to
develop their own means of dealing with offending by their young persons; and
(iii)
recognises the right of the young person to belong to a
family.
[Section 7 amended: No. 82 of 1994 s. 20; No. 78
of 1995 s. 145; No. 29 of 1998 s. 20.]