I INTRODUCTION | II “CHILDREN”, “YOUNG PEOPLE” AND “JUVENILES” | III KEY PRINCIPLES FOR DEALING WITH CHILD OFFENDERS | IV A PRINCIPLED APPROACH TO CHILDREN IN CONFLICT WITH THE LAW | V ASKING THE HARD QUESTIONS | VI CONCLUSION | APPENDIX

VI CONCLUSION

Heinous but isolated crimes understandably bring calls to “get tough” on child offenders but knee-jerk responses are inappropriate and potentially dangerous. They take no account of the peculiar needs and potential for rehabilitation found within this difficult group. With an appropriate form of accountability - which may include diversion or charging - and interventions that meet a young person’s needs, the vast majority of young people can be encouraged to put their offending behind them and become responsible contributing adults.

Our treatment of young people must be based on fundamental principles such as those found in UNCROC. It is never easy to answer the “hard questions” in relation to child/youth justice but, at the very least, a principled system should exhibit two key features. Firstly, children should be dealt with in a distinct youth justice system that is qualitatively different to its adult criminal justice counterpart. This distinct system should uphold the rights of children by seeking to adhere to the principles found in international instruments. And secondly, youth justice professionals should remain cognisant of relevant research into child offending and psychology and tailor their systems to accommodate the specific needs of children. There is a place for a punitive response and the safety of the public must be paramount. The role of general deterrence can never be underestimated. Nevertheless, child offenders should be dealt with in a principled manner. Children in conflict with the law stand at a crossroads – they are either tomorrow’s law-abiding citizens or tomorrow’s serious offenders. In many cases, which road they take is determined by the youth justice system.