If the person who is accused of committing the crime was less than 18 years old at the time of the offence, he or she will usually be dealt with through the juvenile justice system. This system recognises that some young people do hurt other people and their property, and should do something to make up for this. However, they do not have the full legal responsibilities of an adult, and may still be in the process of learning about these responsibilities and how to exercise them. In South Australia, youths who abide by the law, but made mistakes in growing up, are encouraged to start life without being limited by youthful errors.
However, the principle of restoration is an important one. This can be demonstrated through the Family Conference system.

Under the Young Offenders Act 1993, Family Conferences are held, in certain circumstances, as a way of diverting young offenders from court where the offence is minor.

Family Conferences provide an opportunity for the young person, the victim of the offence, family, supporters and a police officer to discuss what has happened, how it has affected each person and how the offence will be dealt with. The conference is chaired by a Youth Justice Coordinator who encourages all participants to arrive, by consensus, at an appropriate outcome.

An outcome may include agreement by the youth to pay compensation, apologise either in person or in writing, perform community service, participate in various programs or anything else that is considered appropriate under the circumstances. Victims are encouraged to contribute to discussion regarding suitable restitution for the harm caused, or how the harm should be made good.

Compliance with undertakings is monitored by the Youth Justice Coordinator, and you will be informed of the outcome at the conclusion of the case.

Having you present at a conference can significantly affect a young person's understanding of the consequences of his or her offending behaviour. The process therefore encourages a young offender to take responsibility for that behaviour and participate in a process that is both restorative and healing for all participants.

To view a chart on the juvenile justice system click here.

To view a PDF of how a case travels through the different jurisdictions in South Australia please visit www.courts.sa.gov.au/pdf/media_guide_appendix_a.pdf

To download the latest version of Adobe Acrobat Reader, please click here.

Last Modified: 11 May, 2007
URL: http://www.voc.sa.gov.au