Policy Position Paper: Removing 17 year olds from adult prisons and including them in the youth justice system

The Commission has released its policy position paper urging the Queensland Government to remove 17 year olds from adult prisons and include them in the youth justice system. The policy position paper makes several recommendations to the Queensland Government, including the nomination of a clear transition plan by 1 March 2011.

Queensland is the only Australian state or territory where 17 year olds are treated as adults in the criminal justice and corrections systems. The treatment of 17 year olds as adults in the criminal justice system and their incarceration in adult prisons, is contrary to children and young people’s rights and Australia’s obligations under the United Nations Convention on the Rights of the Child.

The policy position paper emphasises the need for young people under the age of 18 to have access to the Youth Justice Act 1992's Charter of Youth Justice Principles, which not only enshrines special protections for young people on the basis that they are more vulnerable than adults, but it also importantly includes principles of accountability and responsibility for young people.

The policy position paper also explores some alternatives to detaining young people that could be implemented more widely to reduce re-offending.

In 1992 when the Juvenile Justice Act was introduced, the Queensland Government indicated its intention for 17 year olds to be dealt with in the juvenile justice system at some time in the future. The time to give effect to this intention is overdue.

• View the full policy position paper [652 KB]

For further information, please contact the Commission's Policy Manager, Vicki Hall (3211 6951) or Principal Policy Officer, Yvette Norris (3211 6960).

Last Updated: November 15, 2010

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