Children (Criminal Proceedings) Amendment (Adult Detainees) Act Review November 2005

The Children (Criminal Proceedings) Amendment (Adult Detainees) Act 2001 (the Act) commenced on 25 January 2002. The objective of the Act was to limit the age to which young people can remain in juvenile custody. The Act provides that a juvenile offender convicted of a serious children's indictable offence must not remain in juvenile custody beyond the age of 18 unless the court finds special circumstances to justify otherwise, or the non-parole period expires within six months of the offender's 18th birthday. In addition, no individual may remain in juvenile custody beyond the age of 21 years and six months.The NSW Ombudsman was charged with monitoring the operation and effect of the Act for a period of three years from its commencement. Our review has included gathering statistical data, examining court documentation, speaking with young people affected by the Act and examining their files, interviewing key policy and operational staff within the Departments of Juvenile Justice and Corrective Services and reviewing relevant policies and procedures.