The Emergence and Development of Specialist Courts: Lessons for Juvenile Justice from the History of the Children’s Court in South Australia?

Abstract

Abstract:To illustrate how specialist courts have developed to manage juvenile offenders, this paper provides an overview of the history and development of the youth court in one jurisdiction, South Australia. Drawing on interviews conducted with judicial officers, the paper seeks to highlight some of the changes that have taken place since the Court's inception, as well as how the Court currently understands its role and positioning within the broader justice and welfare systems. Key discussion points of these interviews included the Youth Court's guiding principles and how they impact on court procedures and responses to young people in the system, as well as the challenges that limit, or create difficulties for, the effective operation of the Youth Court. It is concluded that the Youth Court system attempts to balance both welfare and justice approaches to dealing with young people, but are sometimes hindered by inadequate procedural, structural and resource-related factors -some of which exist externally to the Youth Court itself.

A Study of the Children’s Court of New South Wales

“…and effectiveness of the Children's Court in terms of treating young people fairly and appropriately; in line with international human rights standards (King et al 2011).…”

“…The findings from the study suggest that resources are needed in rural areas to increase the number of specialised staff in these parts of NSW. Access to specialised staff is essential to the role, scope and effectiveness of the Children's Court in terms of treating young people fairly and appropriately; in line with international human rights standards (King et al, 2011). This is also especially relevant for the rights of Indigenous young people.…”

“…Collaborative, multidisciplinary research on Children's Court decision making and care and protection interventions can enhance this knowledge base. (Lawrence et al, 2010) Despite the 'get tough on crime' rhetoric of the last decade, recent research indicates that judicial officers view the purpose of the Children's Court as balancing welfare and justice and addressing the 'criminogenic needs' of young people (King et al 2011). This is consistent with the interview data presented, which reveals that judicial officers in NSW see the Children's Court as part of the broader child welfare system acknowledging the overlap between welfare and juvenile justice, and recognizing the majority of young people in the children's court present with a range of complex social problems and a history of statutory department involvement.…”

Australia's Children's Courts Today and Tomorrow

“…The origins of the South Australian Youth Court can be traced back to the Way Commission in 1885 which recommended the adoption of a welfare model that was originally developed in 1869 in the State of Massachusetts, USA (see King et al 2011 ) . The Way Commission recommended (a) that all inquiries before justices into charges against juveniles be conducted at different times from other cases and that these inquiries should be held in a separate building; (b) that a parent be required to attend these proceedings; (c) that an of fi cer of the department responsible for the care of children be required to attend; and (d) that children who had been arrested were to be held in premises attached to the department rather than in police cells.…”