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Diverting ATSI Young Offenders from Court and Custody in New South Wales- Practices, Perspectives, and Possibilities unde the Young Offenders Act 1997

Bargen, Jenny
June 4, 2015

Source: (2001) Research dissertation presented for the approval of Senate in fulfilment of part of the requirements for the degree Master of Laws in approved courses and a minor dissertation. Deptment of Law. University of Cape Town. Downloaded 8 July 03.

According to Jenny Bargen, Aboriginal young people make up a high proportion of the young people exposed to criminal justice interventions in New South Wales (NSW), Australia. Yet, she contends, for most young people, the less exposure they have to criminal justice interventions, the more likely they are to “grow up good.â€? The question then is how criminal justice agencies should respond to Aboriginal young offenders and their families. In this context, Bargen considers whether the introduction and operation of the diversionary scheme presented in the Young Offenders Act 1997 (NSW), along with other juvenile justice practices and crime prevention strategies, can keep many more Aboriginal young offenders in their communities than in correctional facilities. In this regard, she provides an overview of juvenile justice law and practice in NSW, outlines the Young Offenders Act and implementation of it, and illustrates some of the possibilities and barriers in a “community based negotiated responseâ€? to Aboriginal young offenders.

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