Offending by young people with disability: A NSW linkage study

By Stewart Boiteux and Suzanne Poynton 

AIM To describe rates of offending by young people with disability, and identify factors associated with their first contact with the youth justice system in NSW. METHOD A birth cohort of young people with disability residing in NSW was identified using State and Commonwealth information on health and disability service contacts from a large linked administrative dataset. Rates of offending were compared for young people with and without disability. Logistic regression analysis was undertaken to examine factors associated with the initial offending contact for young people with disability in the birth cohort. Differences in offence types and court outcomes for young people with disability were compared with young people with no known disability. RESULTS Despite accounting for only 3.5% of the population, young people with disability comprised 7.7% of all young people who had at least one police caution, youth justice conference or court appearance before the age of 18 and 17.4% of those with at least one youth detention episode. On average, people with disability had their first contact with the NSW criminal justice system at an earlier age, had a higher frequency of contacts, and had a different profile of offence types compared to people without disability. Offenders with disability received diversionary outcomes under the Young Offenders Act 1997 (NSW) at a similar rate to offenders without disability, but for matters proceeding to court, young people with disability received section 32 and 33 dismissals under the (now repealed) Mental Health (Forensic Provisions) Act 1990 (NSW) at a much higher rate. For people with disability, factors such as a later age of initial contact with disability-related services, greater remoteness of residence, and frequency of child protection contact were strongly associated with the likelihood of having a police caution, youth justice conference or court appearance before the age of 18. CONCLUSION People with disability have higher rates of contact with the youth justice system than people without disability and are significantly overrepresented in the youth custody population.

(Crime and Justice Bulletin No. 254). 

Sydney: NSW Bureau of Crime Statistics and Research , 2023. 39p.