The youth justice system in Western Australia focuses on rehabilitation, accountability, and giving young people who commit offences the opportunity to make better choices.
Young people in WA who commit offences are dealt with under the Young Offenders Act 1994 and can face a variety of consequences, depending on the seriousness of the offence and their individual circumstances.
When a young person is found guilty of an offence, the court has a choice of penalties. The most common penalties are fines, community-based sentences, or custodial sentences (detention).
Please note: under the Young Offenders Act 1994, no information that identifies a young person or their case can be made public. This means that staff from the Office of the Commissioner for Victims of Crime cannot provide victims with the name of the young person that committed an offence against them.
Detention and Supervised Release Orders
Show moreSome young people will receive a custodial sentence for their offending, meaning they are placed in detention for a set period.
In accordance with the Young Offenders Act 1994, young people should only be sentenced to detention as a last resort, or when the offence they have committed is extremely serious.
While in custody, young people will have access to a range of supports and program providers, who work collaboratively in an effort to best support a young person’s needs, life skills and rehabilitation, with the aim of reducing further offending and supporting their transition back into the community.
Supervised Release Order
A Supervised Release Order (SRO) allows a young person to serve part of their sentence in the community under strict conditions.
The Supervised Release Review Board (SRRB) is responsible for determining if a young person is eligible for release on a SRO and setting the conditions of the order.
Conditions of an SRO may include:
- Supervision by a youth justice officer
- No changes of residence without approval
- Conditions to protect the safety of a victim
- Compliance with curfew or exclusion zones
- Participation in educational or vocational programs
- Treatment programs for ongoing issues (eg drug use).
Consequences of breaching an SRO
If a young person breaches the conditions of their SRO, they may be returned to detention.
Youth Justice Services manages breaches by issuing warnings or referring cases back to the SRRB, who can decide to suspend or cancel the SRO.
Victim participation
When making a decision about releasing a young person, the SRRB appreciate hearing from victims where appropriate.
If a victim feels comfortable, they can communicate directly with the SRRB via a victim submission.
These submissions can highlight:
- How the offence has impacted them
- How the young person’s release will impact them
- Suggestions for relevant SRO conditions to ensure their safety and peace of mind.
Submissions can be typed or handwritten and can be posted or emailed to the SRRB.
To make this process easier, victims can make use of this submission template (WORD DOC). However, if you find the template is not useful or does not allow room for you to explain how the offence has impacted you, you are welcome to format your written submission another way (e.g., an email, letter or Word document).
Victim submissions are treated with the strictest confidentiality and will never be shown to the young person or any person acting for, or representing, the young person.
Victim Engagement Unit
If your matter has been referred to the Victim Engagement Unit (VEU), a Victim Engagement Officer will contact you to discuss the young person’s SRRB review, any concerns you have about future contact with the young person and any conditions they can recommend to help ensure your safety and wellbeing.
During your contact with the VEU, you are welcome to discuss making a victim submission. Trained staff can assist you to understand what to include and what sorts of conditions the SRRB may be able to implement
Victim Notification
Show moreWhile it is not the role of the SRRB to notify victims of a decision, victims can receive this information from the Victim Notification Register (VNR) if they choose to register with this service.
Information from the VNR is not automatically received by victims. Some victims do not want to receive updates about a young person. Therefore, if a victim does want to receive updates, they can elect to register with the VNR.
Community-based sentences
Show moreMost young people in Western Australia serve their sentence under some form of community supervision.
Community-based supervision enables young people to continue school, training, or work commitments while meeting supervision requirements.
Community-based orders vary in relation to the level and type of supervision and mandatory requirements to participate in programs. There are three types of community-based sentences young people can be made subject to through the court process:
- Youth Community-Based Order
- Intensive Youth Supervision Order – Without Detention
- Intensive Youth Supervision Order – Detention (Conditional Release Order)
These orders require young people to attend formal supervision sessions with their allocated youth justice officer. The young person can also be directed to attend programs to address their offending behaviour or undertake community work. Some young people may be given a curfew to make sure they do not go places that may encourage further offending.
Where needed, some young people may also be subject to conditions that protect the victim’s safety and wellbeing.
If a young person breaches their community-based sentence, they may be issued with a warning, or sent back to court where stricter they may receive a stricter penalty.
Victim Engagement Unit
If your matter has been referred to the Victim Engagement Unit (VEU), a Victim Engagement Officer will contact you to discuss the young person’s community order, any concerns you have about future contact with the offender and any conditions they can recommend to help ensure your safety and wellbeing.
Frequently Asked Questions
Show more1. What is supervised release?
Supervised release is the early release of a young person from custody, under supervision, before the end of their full sentence. While on an Supervised Release Order (SRO), young people must follow conditions to ensure they don’t reoffend or endanger the community.
2. How is a young person considered for release?
The Supervised Release Review Board (SRRB) reviews the cases of young people. The Board looks at reports from several sources. The safety of the community is their primary concern.
3. What does the SRRB take into account when considering whether or not to release a young person?
The SRRB considers a number of factors when assessing the release plan such as, but not limited to:
- Victim concerns
- Accommodation
- Continuing treatment needs
- Previous compliance with orders
- Behaviour whilst in custody
- Willingness to engage in treatment programs and counselling
4. Can victims participate in the SRO process?
Yes, victims can provide written submissions to the SRRB. These submissions should explain how the young person's release could affect the victim.
5. How will I know if a young person is being considered for release?
Victims can choose to register with the Victim Notification Register to be informed about hearings, the release of young people, or if the young person is returned to custody.
6. What happens if a young person breaches the SRO?
If a young person does not comply with the conditions of their SRO, they may receive a written warning, have their SRO suspended, or have it cancelled. In serious cases, the young person may be returned to prison.
7. What does it mean when the SRRB denies release due to unmet treatment needs?
It means the SRRB considers the young person is likely to reoffend in the community because they have not received adequate treatment to address their offending behaviour, and the community must be protected from illegal behaviours.
8. Can a victim influence the conditions of an SRO?
Victims are able to suggest conditions that are relevant to their safety and wellbeing through the submission process.
These conditions might include:
- Prohibiting or restricting contact with the victim
- Excluding the young person from areas where a victim lives of works, if this information is already known to the young person.
If your matter has been referred to the Victim Engagement Unit, they will discuss protective conditions further with you.
Further information
Show moreFor more information about the supervised release process and the Supervised Release Board, visit the Supervised Release Review Board website.
