Swings and Roundabouts: Evaluating the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010, s 14

Abstract

The Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010, which came into effect on 1 October 2010, could be considered the most significant change to the Children, Young Persons, and Their Families Act since its introduction in 1989. The new Act has two main functions: it extends the jurisdiction of the Youth Court and gives the Court a new range of orders. This paper analyses s 14 of the new Act which extends the jurisdiction to 12 and 13 year old serious and recidivist offenders. The paper assesses what problem Parliament was trying to address with this amendment. It argues that the change in jurisdiction could be said to be motivated by populist politics rather than addressing a known change in child offending. The paper then explores how s 14 changes the underlying assumptions about the level of responsibility we attribute to children. It then recommends that serious and recidivist offenders continue to be dealt with by the Family Court. The paper acknowledges, however, that changes could be made to strengthen the Family Court's existing powers to ensure children are dealt with more effectively.