Media Release
Embargoed until 1 a.m. (AEST), Thursday 9 April 2015
Well-behaved young people and increased use of cautions by police mean fewer young adults are winding up in court.
Research released today shows a 26% decline in the total number of young adult offenders sentenced in Victorian courts in the five years to June 2014, and an increase in the percentage of young adult offenders receiving a community correction order.
The research considers the effect on offenders aged 18 to 20 years of recent changes to Victorian sentencing options, especially the introduction of community correction orders (CCOs) in January 2012. Both the number of young adult offenders sentenced and the differences in their sentencing outcomes were explored.
The research finds:
- there was a 26% drop in the number of young adult offenders sentenced across all courts (the Children’s Court, Magistrates’ Court, and higher courts) over the five years to June 2014
- this drop appears to be the result of a range of factors, including a decrease in offending behaviour coming to the attention of police, and an increase in the use of cautions by police (rather than prosecutions)
- for young adult offenders sentenced in the higher courts (County and Supreme Courts), there was an 8.7 percentage point decrease in custodial orders (youth justice centre orders and imprisonment orders), a 16.6 percentage point decrease in suspended sentences, and a 24 percentage point increase in community orders. This increase coincided with the introduction of CCOs in early 2012
- for young adult offenders sentenced in the Magistrates’ Court, there was a 6.1 percentage point decrease in fines, a 1.8 percentage point decrease in suspended sentences, and a comparable increase (7.4 percentage points) in the imposition of CCOs and ‘adjourned undertakings and other low-end orders’
- overall, for young adult offenders sentenced in the Magistrates’ and higher courts:
- community orders were imposed more often in 2013-14 than in 2009-10 and this increase coincided with the introduction of CCOs in early 2012
- there was a 35% decrease in the absolute number of youth justice centre orders imposed.
Council Chair Emeritus Professor Arie Freiberg said the increased use of CCOs is consistent with legal principles where rehabilitation is a primary consideration when sentencing young adult offenders.
'But what is really interesting is the drop in the number of young adults being sentenced in Victorian Courts', he said. 'There appear to be a number of reasons for this trend.
'For example, there is an increased use of cautions by Victoria Police with this age group. Young first-time offenders who are diverted from the criminal justice system are less likely to have further contact with police than those who go to court. The increased use of CCOs with young adult offenders is also heartening, because there is an association between custodial sentences and further offending.'
Professor Freiberg noted that, 'something very interesting also seems to be going on with the behaviour of this generation of young adults: they are behaving themselves! Other research shows they are drinking less, and drinking more responsibly. This seems to be contributing to a decrease in offending behaviour.
'The report cannot draw causal links, but the trend being observed in Victoria is consistent with broader trends around Australia indicating that it is not simply the result of a change in policing practice. This is worthy of further social research, because policy makers need to know how to support, and further encourage, this trend.'
The full report Changes to Sentencing Practice: Young Adult Offenders is available from the Council’s website.
