Criminal - President’s speeches

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Criminal — President’s speeches

Updates in the Children’s Court jurisdiction: 2018P Johnstone

[19-1000] Introduction

General updates

President of the Children’s Court of NSW reappointed
Closure of Bidura Children’s Court and opening of the new Surry Hills Children’s Court
Magistrate capacity and circuits
National Judicial College of Australia “Family Violence in the Court” training for the Children’s Court of NSW
The continuing relevance of brain science
Schooling issues

Updates in the criminal jurisdiction

Declining number of children in detention
Youth Koori Court

Criminal case law

RP v The Queen (2016) 259 CLR 641
Director of Public Prosecutions (NSW) v GW [2018] NSWSC 50
Director of Public Prosecutions (NSW) v Saunders [2017] NSWSC 760

“How to turn a child offender into an adult criminal — in 10 easy steps”

Step 1: Leave families alone to sort themselves out: “Ignore risk and erode resiliency”
Step 2: Make the age of criminal responsibility as young as possible and get children into court as soon as possible
Step 3: Criminalise welfare issues
Step 4: Treat all young offenders as if they were the same.
Step 5: Always arrest the child if they offend, especially the first time no matter what the circumstances. Be firm and disrespectful, and always bring them to court.
Step 6: Sideline the child offender in the justice response. Ensure the child is marginalised and does not participate. Prevent any contact between the offender and the victim
Step 7: Always enter a conviction on the child’s record. And make no allowance for youth at sentencing: “adult time for adult crime”
Step 8: Convicted young people need a sharp shock; in praise of corrective training, boot camps, and scared straight programmes
Step 9: Segregate young offenders from their families, communities and victims. Wherever possible, aggregate them together in treatment facilities and in prison
Step 10: If all else fails, use “what works” for child offenders, but deliver it badly

Grey matter between right and wrongP Johnstone

[19-2000] Introduction
Part 1 — Moral culpability and sentencing
Part 2 — Neurobiology and adolescent development
Part 3 — Brain development and childhood maltreatment
Part 4 — Conclusion

The Judicial Commission of NSW, an independent statutory corporation, is part of the judicial arm of government. It was established by the Judicial Officers Act 1986.

We acknowledge the Gadigal people of the Eora Nation, the traditional custodians of the land on which the Commission is based, and pay respect to their Elders past and present.