This procedure relates to working with young people being held on remand from the children’s court.

 

When to use this procedure

When working with young people held on children’s court remand.

 

What else you need to know

 

Practice context and legislation

  • Young people aged between 10–18 years may be remanded in a youth justice precinct by a court or bail justice to await a further hearing or sentence.
  • Remand should only be used in the most serious cases and for situations where all other options such as issuing a summons or granting bail has failed or is not appropriate.
  • Once the remand order has been made the young person must be transferred to a remand centre or gazetted police cell. Young people may be placed in an alternative secure placement, usually a police jail, if they are a significant distance from a youth justice precinct. Metropolitan police cells are not gazetted to hold a young person under 18 years on remand.
  • In accordance with legislation, a young person cannot be held by the children’s court in custody for more than 21 days without returning to court within that timeframe. The young person can be re-remanded a number of times.
  • According to legislation, young people detained on remand:
    • must be accommodated separately from adults
    • must be accommodated separately according to their gender
    • where possible, should be separated into groups of those under and over the age of 15 years
    • where possible, should be separated from young people serving a sentence of detention
    • must be advised of their entitlements
    • must receive information on the rules of the precinct in which they are detained and on their rights and responsibilities as well as those of the officer in charge of the precinct and other staff
    • are entitled to have their developmental needs catered for
    • are entitled to receive visits from parents, relatives, legal practitioners and other persons
    • are entitled to have reasonable efforts made to meet their medical, religious and cultural needs including, in the case of young Aboriginal people, their needs as members of the Aboriginal community
    • are entitled to complain to the Secretary or the Ombudsman about the standard of care, accommodation or treatment they are receiving in the precinct.
 

Roles and key tasks

Youth justice court advice worker

  • Liaise with the court, legal representation and case manager as required.

Central After Hours Assessment and Bail Placement Service

  • Provide a central point of contact for police in matters where remand of a young person is being considered outside business hours.
  • Liaise with police, bail justice, community youth justice case managers and team leaders and youth justice precinct staff.
  • During business hours, police may contact the local youth justice office for advice and assistance.

See procedure for Central After Hours Assessment and Bail Placement Service for more information.

Case manager

  • Liaise with the court and young person’s legal representative.
  • Consult with line management and youth justice senior practice adviser in relation to the young person’s current situation if required.

Team leader / team manager

  • Consult with case manager and/or youth justice court advice service worker in relation to the young person’s remand and future court appearances.

Assistant Director / Manager Individual and Family Support

  • Retain decision-making responsibility to effect positive outcomes.
  • For young people requiring multiple services, Individual and Family Support Managers work together to provide integrated and seamless support.

Youth Justice Senior Practice Advisor

  • Provide case consultation for young people on remand, particularly in relation to supporting bail or remand for high-risk young people. This should occur subject to local area agreements between Assistant Director / Manager Individual and Family Support and the Senior Practice Advisor.
 

The procedure in detail

Remand order

When a young person is charged with an offence, police have a number of options including: issuing a summons, releasing the young person on bail or bringing them before a court or bail justice.

When deemed appropriate by a court or bail justice, a remand order will be made and the young person will be detained in accordance with legislation.

Independent person requirements

A young person under the age of 18 charged outside business hours must have a parent/guardian or independent person present during the police interview process.

Youth justice workers are not deemed an independent person and cannot fulfil this role.

Gazetted police cells

When a young person is remanded in a rural gazetted police cell, CAHABPS will encourage family to visit and provide support, particularly if a young person is remanded over a weekend.

Under regulation 19(2) of the Children Youth and Families Regulations 2007 a young person may be placed in a police jail if the period of remand is no more than two days.

If the remand period is greater than two working days, s. 347(1) of the Children, Youth and Families Act 2005 requires young people to be held in a youth justice precinct.

CAHABPS will negotiate with police for the young person to be transported to the precinct.

Young people not known to youth justice

If a young person who is not currently involved with youth justice is remanded, the respective area is notified of their admission.

In these cases the youth justice precinct has primary case management responsibility for the young person while they are held on remand.

Youth justice precinct staff are responsible for ensuring each young person is made aware of their right to bail and is supported by a legal representative to put forward a case for bail for the court’s consideration.

As part of the case management process for young people on remand, youth justice precinct staff will hold an exit plan meeting for the young person in preparation for their release from the youth justice precinct.

These meetings explore supports and services that may be in place for the young person in the community if bail is granted or a community-based disposition is imposed.

The minutes from these meetings will be sent to the area where the young person usually resides. This material can then be used by the youth justice court advice service worker.

If a young person’s cumulative remand period extends beyond 21 days, or if a sentence is likely to be given, an area youth justice worker should be allocated and added as an additionally assigned worker on CRIS.

Young people admitted to remand who are on a supervised order

If a young person on a current youth justice order is remanded, youth justice precinct staff must establish contact, and liaise with, the area youth justice worker on their next working day.

As part of the case management process for young people on remand, youth justice precinct staff will hold an exit plan meeting for the young person in preparation for their release from the youth justice precinct.

These meetings will involve the young person’s area worker and will be focused on ensuring adequate supports and services in the community, if bail is granted or a further community-based disposition is imposed.

The area worker will be able to access the minutes from the exit plan meeting on CRIS for bail planning purposes or to assist in the preparation of court reports.

Youth justice remand bail strategy

The strategy is a shared commitment by all parties to divert young people, where appropriate, from progression into the youth justice system and is consistent with policy to use detention as a last resort.

At the time a young person enters remand, youth justice precinct staff gather information, notify divisional staff of admission and assess whether the young person is suitable for bail.

If the young person is deemed suitable for bail, youth justice precinct staff will liaise with community youth justice workers, youth justice court advice service and legal representatives to advocate for bail for the young person.

Community youth justice workers and youth justice court advice service workers play an instrumental role in planning for the young person’s release and establishing bail supervision and support in the community.

Attending court

Youth justice precinct staff are responsible for the transportation of the young person from the remand unit to court.

At the court hearing, the court will order that the young person either be:

  • re-remanded
  • granted bail
  • sentenced.

Providing court advice when remand is likely to be considered

The youth justice court advice service worker or their delegate provides information to the court about community supports that are currently in place or can be put in place to support the young person if they are granted bail.

Youth justice court advice service workers should be proactive in meeting with young people who have a high likelihood of being remanded, with the purpose of identifying their current community supports and/or making referrals that can be activated if the young person is granted bail.