The South Australian Government's proposed reforms under the Young Offenders Plan — including removing court discretion in sentencing and introducing a presumption against bail for some young offenders — risk pushing more children deeper into cycles of incarceration.
Justice Reform Initiative Executive Director Dr Mindy Sotiri said plans to bypass court discretion is a policy misstep that will entrench disadvantage and patterns of reoffending.
"If our goal as a community is fewer children committing crime, the answer is not to remove judicial discretion and double-down on an approach that drives re-offending," she said.
"The research is very clear that the experience of imprisonment increases the likelihood of re-offending. It is incredibly misleading to suggest that community safety will be improved by removing decision-making power from the courts so that more children are locked up."
"The role of the judiciary is to assess a multitude of factors, circumstances and principles and tailor sentencing decisions accordingly. The proposed reforms would see this judicial role compromised for some of South Australia's most vulnerable children."
"We absolutely need to take crime seriously. But when sentencing decisions are taken out of the hands of the judiciary, we abandon the principle of tailored justice."
"Sentencing decisions for children need to weigh up the question of 'what punishment is appropriate?' alongside the question of 'what support is required?' – so that the child before the court has the opportunity to address the factors that led them into contact with the justice system. Removing judicial discretion fundamentally limits the ability of the court to do its job."
In South Australia, around 62% of young people released from detention in 2022-23 returned to sentenced supervision within 12 months. According to Productivity Commission data, the cost of youth detention in South Australia is over $49 million per annum.
"If we really want to get serious about reducing crime, we need to invest in what the evidence shows us will actually work. Although the re-announcement of the Justice Rehabilitation Fund of $3 million over three years is welcome, we need to be clear, this is not a new announcement and also needs to be viewed in the context of the $49 million per annum that is spent on locking children up each year," Dr Sotiri said.
The Justice Reform Initiative calls on the South Australian Government to look to what the evidence says will genuinely make the community safer when considering reforms under the Young Offenders Plan. There is a need to expand diversion and bail-support programs for children, and invest in community-led, evidence-based services that build safety and connection rather than deepen justice system contact.
"Children should be accountable for their actions, but we need to focus on what the evidence says will genuinely reduce the risk of harm re-occurring"
About us:
The Initiative respectfully acknowledges and supports the current and longstanding efforts of Aboriginal and Torres Strait Islander people to reduce the numbers of Indigenous people incarcerated in Australia and, importantly, the leadership role which Indigenous-led organisations continue to play on this issue. We also acknowledge the work of many other individuals and organisations seeking change, such as those focused on the rate of imprisonment for women, people with mental health issues, people with disability and others.
