94Youth justice principles

94 Youth justice principles (1) For the criminal matters chapters, in deciding what is in the best interests of a child or young person, a decision-maker must consider each of the following matters that is relevant (the youth justice principles): (a) if a child or young person does something that is contrary to law, they should be encouraged to accept responsibility for the behaviour and be held accountable; (b) a child or young person should be dealt with in a way that acknowledges their needs and that will provide the opportunity to develop in socially responsible ways;

(c) a child or young person should be consulted about, and be given the opportunity to take part in making, decisions that affect the child or young person, to the maximum extent possible taking into consideration their age, maturity and developmental capacity; (d) if practicable and appropriate, decisions about an Aboriginal or Torres Strait Islander child or young person should be made in a way that involves their community; (e) if a child or young person is charged with an offence, they should have prompt access to legal assistance, and any legal proceeding relating to the offence should begin as soon as possible; (f) a child or young person may only be detained in custody for an offence (whether on arrest, on remand or under sentence) as a last resort and for the minimum time necessary; (g) children, young people and other young offenders should be dealt with in the criminal law system in a way consistent with their age, maturity and developmental capacity and have at least the same rights and protection before the law as would adults in similar circumstances; (h) on and after conviction, it is a high priority to give a young offender the opportunity to re-enter the community; (i) it is a high priority that intervention with young offenders must promote their rehabilitation, and must be balanced with the rights of any victim of the young offender’s offence and the interests of the community. (2) The decision-maker may also consider any other relevant matter.

(3) The youth justice principles are intended to be interpreted consistently with relevant human rights instruments and jurisprudence. Convention on the Rights of the Child (4) A reference in subsection (1) to a child or young person includes a reference to a person who is at least 18 years old but is being dealt with in relation to an offence committed, or alleged to have been committed, when the person was under 18 years old.