WEDNESDAY, JUNE 10, 1987
-
3
DISCRETION SCHEME NOT CAUSE OF JUVENILE CRINE
THE INCREASE IN THE NUMBER OF JUVENILE OFFENDERS AND ITS POSSIBLE ORIGINS WOULD NOT NEGATE THE PRESUMPTION ON WHICH THE POLICE SUPERINTENDENT DISCRETION SCHEME JS BASED, THE SECRETARY FOR SECURITY, THE HON DAVID JEAFFRESON, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
"THE SCHEME IS BASED ON A PRESUMPTION THAT YOUNG PEOPLE UNDER THE AGE OF 17 SHOULD NOT BE PROSECUTED IN THE COURTS UNLESS THERE ARE GOOD GROUNDS FOR DOING SO, HE SAID,
REPLYING TO A QUESTION BY DR THE HON CONRAD LAM, MR JEAFFERSON, SAID MOST OF THE INCREASE WAS IN RESPECT OF THEFT FRO SHOPS.
"WE SUSPECT THAT THIS INCREASE 15 MORE A RESULT OF BETTER SECURITY MEASURES AND A GREATER WILLINGNESS 70 REPORT SUCH THEFTS RATHER THAN A WEAKNESS ARISING FROM THE SUPERINTENDENTS' DISCRETION SCHEME, HE STRESSED.
HE ALSO SAID THE OBJECT OF THE SCHEME WAS TO GIVE YOUNG OFFENDERS AN OPPORTUNITY TO OVERCOME THE CONSEQUENCES OF ANY IMPULSIVE AND MINOR TRANSGRESSIONS WITHOUT HAVING TO GO THROUGH REST OF THEIR LIVES WITH THE STIGMA OF CRIMINAL RECORDS.
THE
"RATHER THAN BEING PROSECUTED, THEY SHOULD BE GIVEN A SEVERE WARNING IN THE PRESENCE OF THEIR PARENTS.
T+
MUST
MR JEFFERSON OUTLINED THE FACTORS THAT POLICE OFFICERS TAKE INTO CONSIDERATION IN DETERMINING WHETHER THERE WERE GOOD GROUNDS FOR PROSECUTION THE PUBLIC INTERESTS AND THE INTEREST OF THE OFFENDER; THE TYPE OF OFFENCE. HOW PREVALENT IT WAS IN THAT PARTICULAR DISTRICTS AND THE SERIOUSNESS OF THE ACTUAL OFFENCE COMMITTED; THE ATTITUDE OF THE COMPLAINANT AND OF THE PARENTS OR GUARDIAN.
H
THEY MUST HAVE EVIDENCE SUFFICIENT FOR A PROSECUTION OFFENDER MUST ADMIT THE OFFENC IF HE JS GOING TO BE CAUTIONED, ADDED.
AND
THE
HE
HAD BEEN REVIEWED THREE
MR JEFFERSON POINTED OUT THE SCHEME TIMES SINCE ITS INCEPTION IN 1963: IN 1966, IN 1978 AND IN 1985-86 BY THE WORKING GROUP ON
SUB-COMMITTEE OF THE FIGHT CRIME
COMMITTEE.
YOUTH,
A
"TUE SCHEME WILL BE REVIEWED AGAIN IN JULY 1987 AND FROM TIME TO TIME THEREAFTER,
"THE LAST REVIEW LED THE ATTORNEY GENERAL TO 1581E NEW AND EXPANDED GUIDELINES IN JANUARY 1987," SAID MR JEFFERSON.
/4