Youth Drug and Alcohol Court of New South Wales
Encyclopedia
The Youth Drug and Alcohol Court of New South Wales is the generic name given to a harm minimization program administered through the Children's Court of New South Wales
. It is not a court itself, but is a children's court that specialises in criminal offences in which a child over 14 but under 18 years of age has an addiction to illicit drugs or alcohol.
The Court was the first Youth Court of its type to be established in Australia
.
One of the Summit’s recommendation was that the existing Adult Drug Court trial
underway at Parramatta (see Drug Court of New South Wales
be expanded to be available to young offenders. The initial trial was conducted at Campbelltown
and commenced on 31 July 2000.
The program was established as a pilot for two years and has since been continued.
. It operates in Sydney
at Parramatta, Bidura Glebe
and Campbelltown.
Matters referred to the Youth Drug and Alcohol Court are then dealt with by that program, provided that the child meets the eligibility criteria and is accepted onto the program.
The program differs to the Adult Drug Court in that children are dealt with pre-sentence rather than post sentence. A sentence on a child is postponed until full participation through the program has been undertaken.
1. Are ineligible for a caution or conference under the Young Offenders Act 1997.
2. Are charged with an offence that is able to be dealt with by a Children’s Court (that is, the young person is aged between 10 and 18 years at the time of the commission of the offence and the offence is not a serious children’s indictable or traffic offence that is dealt with by other courts)
3. Have a demonstrable drug and/or alcohol problem.
4. Reside within the catchment area (Greater Sydney)
5. Are not charged with a sexual offence.
6. Plead guilty or indicate an intention to plead guilty if admitted into the program.
7. Consent to participate in the program.
8. Are aged between 14 and 18 years, although the YDAC Magistrate will have discretion to admit into the program young people under 14 years who are assessed as being suitable for admission. It is the discretion of the presiding children's magistrate to determine whether the child is referred to the program.
and has been considered a success.
Children's Court of New South Wales
The Children's Court of New South Wales is a court which deals with criminal offences committed by children over 10 and under 18 as well as with proceedings relating to the care and protection of children...
. It is not a court itself, but is a children's court that specialises in criminal offences in which a child over 14 but under 18 years of age has an addiction to illicit drugs or alcohol.
The Court was the first Youth Court of its type to be established in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
.
History
The establishment of the Youth Drug and Alcohol Court program was one of the outcomes of the New South Wales Government’s Drug Summit in 1999. The summit was called to address increasing community concern about the role of illicit drugs in the community.One of the Summit’s recommendation was that the existing Adult Drug Court trial
underway at Parramatta (see Drug Court of New South Wales
Drug Court of New South Wales
The Drug Court of New South Wales is an inferior court constituted as a court or record. It is a specialist court that deals with criminal offences in which the defendant has an addiction to illicit drugs...
be expanded to be available to young offenders. The initial trial was conducted at Campbelltown
Campbelltown
Campbelltown can refer to:Places in Australia:*Towns/suburbs:**Campbelltown, New South Wales**Campbelltown, South Australia**Campbell Town, Tasmania*Government areas:**Electoral district of Campbelltown, state electoral district in New South Wales...
and commenced on 31 July 2000.
The program was established as a pilot for two years and has since been continued.
Jurisdiction
The Court is constituted by a single Children's Magistrate of the Children's Court of New South WalesChildren's Court of New South Wales
The Children's Court of New South Wales is a court which deals with criminal offences committed by children over 10 and under 18 as well as with proceedings relating to the care and protection of children...
. It operates in Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
at Parramatta, Bidura Glebe
Glebe
Glebe Glebe Glebe (also known as Church furlong or parson's closes is an area of land within a manor and parish used to support a parish priest.-Medieval origins:...
and Campbelltown.
Matters referred to the Youth Drug and Alcohol Court are then dealt with by that program, provided that the child meets the eligibility criteria and is accepted onto the program.
Magistrates
There are no special requirements for appointment of a children's magistrate to the program. This differs to the Adult Drug Court where the Governor of New South Wales appoints the judicial officer to the court.Objectives
The objectives of the Court are to reduce the alcohol and drug dependency of children, to promote the re-integration of such drug dependent children into their families and the community, and to reduce the need for such drug dependent children to resort to criminal activity to support their drug dependencies.The program differs to the Adult Drug Court in that children are dealt with pre-sentence rather than post sentence. A sentence on a child is postponed until full participation through the program has been undertaken.
Eligibility and selection for a program
Eligibility for the program is limited to young people who:1. Are ineligible for a caution or conference under the Young Offenders Act 1997.
2. Are charged with an offence that is able to be dealt with by a Children’s Court (that is, the young person is aged between 10 and 18 years at the time of the commission of the offence and the offence is not a serious children’s indictable or traffic offence that is dealt with by other courts)
3. Have a demonstrable drug and/or alcohol problem.
4. Reside within the catchment area (Greater Sydney)
5. Are not charged with a sexual offence.
6. Plead guilty or indicate an intention to plead guilty if admitted into the program.
7. Consent to participate in the program.
8. Are aged between 14 and 18 years, although the YDAC Magistrate will have discretion to admit into the program young people under 14 years who are assessed as being suitable for admission. It is the discretion of the presiding children's magistrate to determine whether the child is referred to the program.
Evaluation
The program was reviewed in 2003 by the University of New South WalesUniversity of New South Wales
The University of New South Wales , is a research-focused university based in Kensington, a suburb in Sydney, New South Wales, Australia...
and has been considered a success.