by Dev Mukherjee
An increasing number of children and young people in New South Wales are being held on remand in the state’s Juvenile Justice Centres. According to the NSW Auditor-General, in 2006, 3 623 children and young people were remanded into custody but by 2008 this figure jumped to 5,081. Only one in seven (16%) of these children and young people went on to receive a custodial penalty at sentencing. Two recent publications prepared by the non-government social service sector highlight the problem and a potential solution - Bail Me Out and Releasing Pressure on Remand .

Bail Me Out
Bail Me Out is a report, prepared by the Youth Justice Coalition, of a survey of young people in custody who appeared before the Children’s Court at Parramatta in August 2008 and January 2009. Of those surveyed, the main reason for being held in custody was a ‘breach of bail condition’ 60% of those surveyed). The most common bail condition breached was breaking a curfew (22%), followed by failure to report to police (12%) and breach of non-association order, either non-association from a person or place (10%).

The survey showed that the most common types of bail conditions that were imposed on young people were prescriptive in terms of behaviour (curfew, obeying reasonable directions, non-associations, report to police) and welfare focused (reside as directed, attend school/program). The number of bail conditions imposed on young people was also high, with 67% of young people receiving three or more bail conditions. Magistrates, therefore, have a significant affect on the numbers in remand because of inappropriate bail conditions.

Police are responsible for the monitoring of bail and for taking action when a person has breached their bail conditions. Young people on bail are easily monitored by police, given the nature of their bail conditions, and are more susceptible to being breached due to social behaviours that are restricted by their bail conditions (such as hanging out with friends outside of curfew, being at a shopping centre). Hence, police actions are significant factors increasing the number of young people in remand.

Twenty percent of those surveyed were homeless and nine percent were in out-of-home care. While the majority were living with family members at the time of arrest, this did not necessarily reflect stable living conditions. Courts are in a difficult situation when faced with a young person, who, if released on bail, does not have accommodation and is rendered homeless. The presumption of innocence, the nature of the offence, assessment of risk of returning to court and the likelihood of a custodial sentence if convicted, is set up against the welfare needs of the young person. This effectively places reliance on an under-resourced system to find accommodation for a young person, before they are able to make an application for bail.

The report lists sixteen recommendations to government to change police practice, improve service funding and coordination of welfare services. Many of the recommendations could be adopted at little cost, reducing the high cost of detention and improve the long-term safety outcomes for the community.

Releasing Pressure on Remand
Releasing Pressure on Remand is a position paper developed by UnitingCare Burnside in response to a Roundtable of non-government organisations convened by NCOSS to develop support services which aim to prevent children and young people from being remanded into custody unnecessarily.

Intervention opportunities exist across the continuum of care for these children and young people. Young people can be successfully supported in making changes at any point along this continuum. However, in order to effectively divert young people from the juvenile justice system, support services must be available across the continuum (early intervention, before court, during court, after court).

The paper suggested that support services should have a stronger focus on keeping these children and young people connected with the community, engaged with education and ultimately out of the juvenile justice system, and in turn, the adult prison system.

The paper suggested that residential bail support services would fill a large gap in service provision allowing more children and young people to be released on bail. The service would provide support and accommodation for an average of four to five children and young people per day between the ages of 12-17 years. Each service would be limited to a maximum of six children and young people per day. These services would need to be gender specific, and in some cases, culturally specific and operating 24 hours per day, 7 days per week.Based on figures by the Department of Juvenile Justice and released by the Bureau of Crime Statistics and Research, these services would be comparable to the cost of remand detention. However, better short and long term outcomes and hence long-term cost-savings would be evident. Lessening the numbers of children and young people on remand would put downward pressure on an overloaded system. In addition, the programs would reduce the risk of recidivism for children and young people who have contact with a juvenile justice centre. Establishing these programs would be an investment in the safety and wellbeing of children and young people, both in the short and long term.

Releasing Pressure on Remand was launched by the Minister for Juvenile Justice, the Hon Graham West, MP, on 28 October 2009 in NSW Parliament House.

Downloads

• Releasing Pressure on Remand
• Bail Me Out