Annual Report 2017-2018 OmbudsmanNT
Tabled paper 934
Tabled Papers for 13th Assembly 2016 - 2020; Tabled Papers; ParliamentNT
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14 Recommendation 25.13 The Youth Justice Act (NT) be amended to require reports about a child or young persons participation in a diversion program be tendered in court and made available to the child or young persons legal representative. Recommendation 25.14 Youth diversion programs in remote communities be developed and operated in partnership with, or by, Aboriginal communities and/or Aboriginal controlled organisations. Recommendation 25.18 A formal administrative arrangement between the Office of the Director of Public Prosecutions and Police be developed to update bail and bail condition information to avoid erroneous arrest. Recommendation 25.19 The Bail Act (NT) be amended: 1. to provide that a youth should not be denied bail unless: a. charged with a serious offence and a sentence of detention is probable if convicted b. they present a serious risk to public safety c. there is a serious risk of the youth committing a serious offence while on bail, or d. they have previously failed to appear without a reasonable excuse 2. to require that when imposing bail conditions the police and courts take into consideration: a. the age, maturity and circumstances of the young person, including their home environment, and b. the capacity of the young person to comply with the conditions 3. to require that at the time bail is granted to a young person, each bail condition and the consequences of breach of that condition be explained to the young person, taking steps to ensure their understanding, using interpreters or modified means of communication if necessary 4. to exclude children and young people from the operation of section 37B (offence to breach bail), and 5. to give police the power to: a. issue an informal or formal written warning to a young person believed to have breached any bail condition, or b. where a breach has occurred more than once, issue a summons to a young person who has breached bail requiring them to come before the court to determine the consequences of any breach. Recommendation 25.20 The Commissioner of Police issue a Directive setting out: guidelines for the police in relation to curfew checks, including the circumstances in which they should be used or avoided, and their frequency, and that police only arrest a child or young person for breach of bail where the breach occurs as a result of or in connection with further offending and after police have considered and rejected as inappropriate issuing a summons, or where the breaching conduct clearly indicates a materially increased risk of non-attendance at court or further offending. Recommendation 25.33 The Commissioner of Police by Directive require police to take all reasonable steps to obtain the contact details of a responsible adult for a young person taken into police custody and provide those details to the young persons legal representative as soon as possible.