Regulating Police Discretion: An Assessment of the Impact of the New South Wales Young Offenders Act 1997

Source: (2005) Paper presented at “Building a Global Alliance for Restorative Practices and Family Empowerment, Part 3”, co-hosted by the International Institute for Restorative Practices (IIRP) and Real Justice Australia, March 3-5, in Penrith, New South Wales, Australia. Downloaded 28 March 2005.

This article summarizes results of research on the impact of the Young Offenders Act 1997 (NSW) on the juvenile justice system. Available statistics on the Act’s first three years of operation suggest that it has led to a substantial increase in warnings and cautions and a corresponding decline in court proceedings. It has also resulted in an almost 50 per cent drop in the odds of an Aboriginal first offender being taken to court, although this group is still over-represented. The article concludes that the Act has been generally successful in regulating police discretion, but a number of impediments remain. Author’s abstract.