New Youth Detention Centre

This document discusses the need for a new youth detention centre, the issues with the current system, and the government's mechanism for improvement. It covers topics such as the definition of crime, youth crimes, the youth offenders framework, and the government's role in addressing the issue. The document also highlights the importance of international treaties and conventions in safeguarding the rights of children in detention. The need for better facilities, education, and rehabilitation programs for youth offenders is emphasized. The document concludes with a discussion on the treatment of Indigenous youth in the justice system and the need for reforms.

Running Head: New Youth Detention Centre
New Youth Detention Centre
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New Youth Detention Centre
Table of Contents
Definition of Crime....................................................................................................................2
Youth Crimes.............................................................................................................................2
Youth Offenders Framework.....................................................................................................2
Government’s Mechanism.........................................................................................................3
Bibliography...............................................................................................................................6
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Definition of Crime
An act committed by a person which is violating the law, the act is known a crime. There is
punishment prescribed for every crime whether it is civil or criminal crime. There are
different law by different government depending on the condition if the country (Anon.,
business dictionary). The laws are different in every country but the intention behind the
enacting the law is to protect the crime. The laws can be used as behavioural codes that are to
be followed by every citizen. The probable reasons for committing the crime are the social,
psychological, political and economic condition of the offender.
Crime committed by an adolescent who is below the age of 18 years also punishable by court
and the only difference between the crime committed by youth and crime committed by
adults is the punishment. Mostly young offenders are not sent to jail but in the rehabilitation
centres or youth detention centre. The main reason to send them into detention centres is to
isolate them from habitual and serious offenders (Anon., 2019).
Youth Crimes
There are the minors matured below the age of 18 years. Now and again, these minors
likewise carry out violations deliberately or inadvertently. The offenses carried out by these
individuals will be considered as reprobate acts and not wrongdoing (Anon., 2019). The
adolescent wrongdoings are not kidding issue in each country. Youngsters following 18 years
are will in general total their trainings and are headed to make their vocation however, a
portion of the kids drew in into crimes. This is intense worry as the eventual fate of any
nation is on the shoulder of youths. There has been noteworthy ascent in the violations and
offenses by youth (Anon., 2015).
Australia Bureau of Statistics exhibited a report which said that 13% of the youth in police
expert. In 2003, individuals aged from 15 and 19 spoke to the most raised bad behaviour
bookings and rate. The pre-adult liable gatherings were on various occasions more than
various transgressors were. Pre-adult transgressors were commonly blamed for unfortunate
segment, theft, and trap and motor vehicle robbery. Examples of juvenile homicide, sexual
fierceness, burglary and coercion were unimportant (Anon., 2019).
Youth Offenders Framework
In Australia, there have been different restoration, detainment focuses and institutional
offices. There are ten confinement focuses and frequently called as adolescent equity focuses
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in the domain of New South Wales. There are viable restoration projects are accessible for
the adolescent guilty parties. Adolescent guilty parties ought to be sent to sanctuary homes or
recovery focuses or youth detainment focuses on the grounds that they will be far from the
awful condition of grown-up and constant wrongdoers (Graham, 2019). The policing and
restorative organizations have been extending step by step. The police specialists should
pursue those programs that can divert the youthful guilty party from the tribunal or deny
him/her from conflicting with law. They solicit him to build up the privilege from other
persons and social standards. The police will assist them with being pleasant and better
person by requesting that they do network administrations. There were in excess of 200
projects which are for genuine and constant guilty parties (Australian Institute of
Criminology , 1976). A large portion of the violations done by adolescents is not all that
genuine and police can assist them with being progressing nicely. Some of the case is still
going in tribunals they are under preliminary then adolescents ought to be avoiding the
genuine guilty parties. The principle job is of the police that can help the adolescents to be a
part of reformative activity (Atkinson, n.d.)
The allocation of fund to make new youth detention centre is a good step towards the society
and the youth. The main reason for funding on the new detention centre is the incident of Don
Dale detention centre. There are images that show that there is mass violation of right of the
youth who are detained in the Don Dale Detention Centre. The concern rises because it the
largest custodial centre in New South Wales and if it cannot provide adequate security to the
young children then there is need of new detention centre with new plans and ideas. There
was unfair treatment with indigenous people. Indigenous people who are aged between 10
and 17 years were put in detention 31 times more than non-indigenous people. There are lot
of flaws in the current detention mechanism in the territory (Atkinson, 2019).
Government’s Mechanism
The government can set up all new system in the detention of youth. By using the allocated
resources, the government should make the new building of the detention centre away from
the place where the jail for the adult offenders is situated. There should be separate
government department which will look after the working of the new youth detention centre
and the new guidelines will be made for and these guidelines will be made taking into
consideration various international treaties and conventions. These treaties and conventions
are International Covenant on Civil and Political Rights (ICCPR), Convention against Torture
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and Other Cruel, Inhuman or Degrading Treatment, or Punishment (Convention against
Torture), International Covenant on Economic Social and Cultural Rights (ICESCR) and
Convention on the Right of the Child (CRC). These treaties safeguards the rights of every
person even the people in the detention centres. The new guidelines will be applicable swiftly
and the rights of the young children can be protected easily. These international instruments
are useful in placing the responsibilities on the government of Australia to make sure that
children who are away from the liberty should be treated with humanity and the children who
are in the detention centres should not be treated with torture, cruel, inhumane or degrading
punishment or treatment. Australia is responsible to follow the guidelines, as it is the
signatory country to the said treaties and conventions. Apart from these treaties, Australia has
additional responsibilities under UN Standard Minimum Rules for the Administration of
Juvenile Justice (Beijing Rules), the UN Standard Minimum Rules for the Treatment of
Prisoners (Nelson Mandela Rules), the UN Rules for the Protection of Juveniles Deprived of
their Liberty (Havana Rules), and the UN Guidelines for the Prevention of Juvenile
Delinquency (Riyadh Guidelines). These guidelines provide that there is child friendly
juvenile justice system (University of New South Wales Journal, 2018).
The new youth detention centre should be administered directly by government department
and all the reports of the centre will be provided to the head of the department on monthly
basis or quarterly basis. There should be establishment of those facilities that they will help
the children in becoming better person. The facilities like library, recreational activities and
motivational speaking sessions can boost them up to live the life which is crime free. There
should not be infringement of privacy of the children under article 3 of CRC, article 37(a)
prohibits the ill treatment and other cruel, inhumane and immoral treatments, clause (c) of the
same article ensures that the children are treated with respect and humanity. Under article 40,
the detained children are treated in the way which is according to the promotion of worth and
dignity of child (Gerathy, 2016).
The detention administration can open schools and colleges which will nourish their values
for being a better person. The CRC convention incorporates various articles which safeguard
the children from illegal and immoral practices (United Nations Human Rights, 1989). When
the new guidelines are drafted for the new detention centres, these guidelines and frameworks
will provide the effective benchmark to include all the provisions that are mentioned in these
treaties and conventions for the betterment and safeguards of rights of the children in
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detention. The members and the staff of the detention centre should be eligible for the job
and their background should be checked before assigning them for the job. There should not
be any history of cruelty against children of any detention staff. The children should be
taught about the values of work and they should be trained and give sessions for the legal
work which they can do after they out of the detention centres.
The present government routed for development the trade-off of aboriginal people in
Australia. There was establishment of National Healing Foundation that is a champion among
the best way to deal with see Indigenous people in Australian Constitution. A significant
problems for the youth who belongs to Indigenous community in Australia is that their step
by step collaboration bend dominatingly with police and other state authorities (Rudin, 2018).
Indigenous individuals comprises just 2 percent of absolute populace yet 50% of the guilty
parties are adolescents. Indigenous adolescents are trailed manifold than those children who
belongs to non-indigenous community. The proposal by Royal Commission into the cases of
deaths of youth of aboriginal in custody incorporates the manner by which police social
mindfulness preparing, work and instruction ought to be worked in detainment facilities
(Lynch et al., 2013). The 2011 report, titled Doing Time: Time for Doing, outlines different
problems that add to the unusual territory of Indigenous detainment and makes in excess of
40 recommendations for change. In any case, the vast majority of these recommendations
incorporate working of the Federal Government with state and area governments in
association with prosperity, guidance, business and policing organizations, thusly wants state
government approach alterations in domains which is not controlled by national government
(Anthony, 2013). When there are various clarifications behind the rising rate of relationship
of Indigenous adolescents in criminal value structure in Australia. The two key reasons are
the attitudes of police and the weight of shield situationss (Malone, 2018).
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Bibliography
Anon., 2015. Why Teens Turn into Criminals: Finding the Root Causes. [Online] Available
at: https://www.secureteen.com/juvenile-delinquency/why-teens-turn-into-criminals-finding-
the-root-causes/.
Anon., 2019. Juvenile Crime. [Online] Available at: https://criminal.findlaw.com/juvenile-
justice/juvenile-crime.html [Accessed 6 June 2019].
Anon., 2019. Juvenile Delinquents. [Online] Available at:
https://criminal.findlaw.com/juvenile-justice/juvenile-delinquents.html.
Anon., 2019. Youth Offenders. [Online] Available at:
https://www.nap.edu/read/9747/chapter/3.
Anon., business dictionary. Crime. [Online] Available at:
http://www.businessdictionary.com/definition/crime.html [Accessed 6 JUne 2019].
Anthony, T., 2013. Indigenous People, Crime and Punishment. School of Criminology and
Criminal Justice, p.248.
Atkinson, L., 2019. An Overview of Juvenile Detention in Australia. [Online] Available at:
https://aic.gov.au/sites/default/files/publications/proceedings/downloads/25-atkinson.pdf
[Accessed 6 June 2019].
Atkinson, L., n.d. ABORIGINAL YOUTH, POLICE AND THE JUVENILE JUSTICE
SYSTEM IN WESTERN AUSTRALIA. [Online] Available at:
http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.506.7302&rep=rep1&type=pdf.
Australian Institute of Criminology , 1976. THE POLICE ROLE IN JUVENILE
DELINQUENCY. [Online] Available at:
https://aic.gov.au/sites/default/files/publications/archive/downloads/training-project-
proceedings-8.1.pdf.
Gerathy, S., 2016. Juvenile Justice: NSW to review youth detention centres amid detainee
isolation claims. [Online] Available at: https://www.abc.net.au/news/2016-10-27/nsw-to-
review-juvenile-detention-centres/7970194 [Accessed 27 October 2019].
Graham, I., 2019. JUVENILE JUSTICE IN NEW SOUTH WALES: NEW DIRECTIONS.
[Online] Available at:
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https://aic.gov.au/sites/default/files/publications/proceedings/downloads/22-graham.pdf
[Accessed 6 June 2019].
Lynch, M., Buckman, J. & Krenske, L., 2013. Youth justice: criminal trajectories. [Online]
Available at: https://aic.gov.au/publications/tandi/tandi265.
Malone, K.G., 2018. Nearly half of youth incarcerated are Indigenous. [Online] Available at:
https://globalnews.ca/news/4293948/nearly-half-of-youth-incarcerated-are-indigenous-
statistics-canada/.
Rudin, J., 2018. For the justice system to serve Indigenous people, it needs radical reforms
including Indigenous justice systems. This requires political will and funding. [Online]
Available at: https://policyoptions.irpp.org/magazines/april-2018/the-injustice-system-and-
indigenous-people/.
United Nations Human Rights, 1989. Convention on the Rights of the Child. [Online]
Available at: https://www.ohchr.org/en/professionalinterest/pages/crc.aspx [Accessed 6 June
2019].
University of New South Wales Journal, 2018. The Treatment of Australian Children in
Detention: A Human Rights Law Analysis of Media Coverage in the Wake of Abuses at the
Don Dale Detention Centre. [Online] Available at:
http://www.austlii.edu.au/au/journals/UNSWLJ/2018/5.html [Accessed 6 May 2019].
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