Northern Territory Consolidated Acts

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YOUTH JUSTICE ACT 2005 - SECT 4

Principles

The following are general principles that must be taken into account in the administration of this Act:

        (a)     if a youth commits an offence, he or she must be held accountable and encouraged to accept responsibility for the behaviour;

        (b)     the youth should be dealt with in a way that acknowledges his or her needs and will provide him or her with the opportunity to develop in socially responsible ways;

        (c)     a youth should only be kept in custody for an offence (whether on arrest, in remand or under sentence) as a last resort and for the shortest appropriate period of time;

        (d)     a youth must be dealt with in the criminal law system in a manner consistent with his or her age and maturity and have the same rights and protection before the law as would an adult in similar circumstances;

        (e)     a youth should be made aware of his or her obligations under the law and of the consequences of contravening the law;

        (f)     a youth who commits an offence should be dealt with in a way that allows him or her to be re-integrated into the community;

        (g)     a balanced approach must be taken between the needs of the youth, the rights of any victim of the youth's offence and the interests of the community;

        (h)     family relationships between a youth and members of his or her family should, where appropriate, be preserved and strengthened;

            (i)     a youth should not be withdrawn unnecessarily from his or her family environment and there should be no unnecessary interruption of a youth's education or employment;

        (j)     a youth's sense of racial, ethnic or cultural identity should be acknowledged and he or she should have the opportunity to maintain it;

        (k)     a victim of an offence committed by a youth should be given the opportunity to participate in the process of dealing with the youth for the offence;

        (l)     a responsible adult in respect of a youth should be encouraged to fulfil his or her responsibility for the care and supervision of the youth;

        (m)     a decision affecting a youth should, as far as practicable, be made and implemented within a time frame appropriate to the youth's sense of time;

        (n)     punishment of a youth must be designed to give him or her an opportunity to develop a sense of social responsibility and otherwise to develop in beneficial and socially acceptable ways;

        (o)     if practicable, an Aboriginal youth should be dealt with in a way that involves the youth's community;

        (p)     programs and services established under this Act for youth should:

            (i)     be culturally appropriate; and

            (ii)     promote their health and self-respect; and

            (iii)     foster their sense of responsibility; and

            (iv)     encourage attitudes and the development of skills that will help them to develop their potential as members of society;

        (q)     unless the public interest requires otherwise, criminal proceedings should not be instituted or continued against a youth if there are alternative means of dealing with the matter;

        (r)     as far as practicable, proceedings in relation to youth offenders must be conducted separately from proceedings in relation to adult offenders.



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