Media Release
Embargoed until 00:01 a.m. (AEDT) Tuesday 3 December 2019
The Sentencing Advisory Council today released a review of scientific evidence and current law on the sentencing of young adults in Victoria, along with options that could be used to supplement current approaches to sentencing this age group.
Young adult offenders (aged 18 to 25 inclusive) are over-represented in Victoria’s criminal justice system. They make up 15% of Victoria’s adult population but constituted 22% of sentenced offenders in Victoria’s courts in the five years to 30 June 2018. Offenders in this age group have relatively low compliance and completion rates on community sentencing orders, and they also reoffend at higher rates than older offenders.
The Council’s report, Rethinking Sentencing for Young Adult Offenders, looks at how young adult offenders differ from older offenders, their offending and sentencing patterns, and what options are currently available for sentencing them. It also explores alternative approaches that are more developmentally appropriate to sentencing this age group and may help them to desist from future offending.
Psychology and Development of Young Adult Offenders
The report reviews research demonstrating that young adults are still maturing. They can have an impaired understanding of consequences, be impulsive, have a disproportionate response to emotional arousal and be prone to peer pressure, all of which can contribute to offending. But the research also shows that, if managed well, many young adult offenders will grow out of this behaviour.
Offending and Sentencing Patterns for Young Adult Offenders
In the Magistrates’ Court, offenders aged 18 to 25 are most commonly sentenced for regulatory offending, often related to driving. Crimes against the person are also common, forming a large percentage of cases dealt with in the higher courts (83% of cases involving offenders aged 18 to 20 and 62% of cases involving offenders aged 21 to 25).
The use of youth justice centre orders for offenders aged 18 to 20 declined from 40% in 2013–14, to 31% in 2017–18, as a proportion of all custodial sentences imposed on young adult offenders. Over the same period, the proportion of young adults aged 18 to 20 receiving a sentence of imprisonment increased from 53% to 69%.
Are There Enough Specialist Sentencing Options for Young Adults?
Victoria currently has limited specialist options for sentencing young adult offenders. Offenders aged 18 to 20 may be eligible for a youth justice centre order* under Victoria’s dual track sentencing system if they are considered particularly vulnerable. But the sentencing options for offenders aged 21 to 25 are limited to those available for older offenders.
Possibilities for Reform
The report canvasses some new options for dealing with young adult offenders, including:
- adapting community-based sentencing options for adult offenders, for example, by tailoring community correction orders to allow for a specialised approach to young adult offenders
- expanding Victoria’s dual track sentencing system and the availability of youth justice centre orders for offenders aged 21 to 25
- introducing specialist courts or court lists to facilitate the provision of services, and to assist young adult offenders to understand and engage with court processes, orders and programs.
Quotes Attributable to Council Deputy Chair Lisa Ward
‘Young adults are developmentally distinct from older adults: they tend to be more impulsive, less able to consider consequences and more likely to respond emotionally. Internationally, sentencing practices are changing to take account of the specific challenges of young adulthood and deliver more effective criminal justice interventions. However, Victoria currently has few specialist options for sentencing young adult offenders.’
‘This report makes the case for a differential, tailored approach to sentencing young adults aged 18 to 25 in Victoria, in line with the research from disciplines such as neuropsychology and consistent with international sentencing reform.’
‘There are a number of alternative approaches that could be considered in Victoria, including developing specific community-based sentencing options for young adults and increasing the number of specialist youth custodial units that work with young adults to address the drivers of offending.’
Rethinking Sentencing for Young Adult Offenders and a two-page factsheet will be published on the Council’s website.
*What is a youth justice centre order? A youth justice centre order is a sentence requiring an offender aged 15 to 20 at the time of sentencing to be detained in a youth justice centre. A youth justice centre order may be imposed for a maximum of two years in the Magistrates’ Court or four years in the County and Supreme Courts.
