By Karen Freeman and Neil Donnelly

The NSW Bureau of Crime Statistics and Research (BOCSAR) has released a new paper examining interactions between young people aged 10 to 13 years and the NSW criminal justice system. The study finds that most 10- to 13-year-old children who appear in court are from a disadvantaged background, have been a victim of violence, have had significant contact with the child protection system, and have a parent with a history of offending. Aboriginal children and children living in regional and remote NSW are disproportionately affected.

In terms of their criminal justice pathway, the study found that:

• Most young people aged 10 to 13 years are dealt with under the Young Offenders Act which aims to divert young people from the court system were possible. In 2023, NSW Police commenced 4,662 legal proceedings against young people aged 10 to 13 years; two-thirds (63) were formal court diversions.

• Of the 719 criminal court appearances finalised in 2023 involving defendants aged 10 to 13 years, only 20% resulted in a proven outcome; half (53%) had all charges withdrawn and a quarter (25%) had a not-guilty finding. Even where an offence was proven, half (50%) resulted in a court ordered caution or youth justice conference. 

• There were 171 distinct young people aged 10 to 13 years who had an episode of youth detention in 2023. These young people all entered detention on remand, and three quarters (74%) of detention episodes were for 24 hours or less.

PARRAMATTA NSW, The NSW Bureau of Crime Statistics and Research (BOCSAR) , 2024. 23p.