Introduction
See procedure Intensive Bail for tasks that must be undertaken.
The purpose of the youth justice bail service is to assist a young person meet their obligations to the Court, for example, supervising the young person and reminding them about court attendances.
Intensive Bail
The Intensive Bail Scheme provides an alternative to remand for high risk young people that have had frequent, severe or chronic contact with the youth justice system who would not otherwise be granted supervised bail.
The scheme provides:
- an enhanced level of case plan development, coordination and oversight of supports, services, monitoring and compliance by youth justice
- delivers a more focused offending specific intervention package of supports and services and
- provides a more rigorous and intensively monitored regime that will reassure and provide confidence to the Courts and community of the program’s credibility and efficacy (for example, increased minimum contact hours with youth justice over seven days per week).
Assessment of suitability
Assessment for youth justice bail services are undertaken by youth justice court advice staff on request from Court, a legal representative or youth justice. The matter may be adjourned for the assessment to occur.
The assessment involves collection of information on the young person, including matters such as their history and personal circumstances, previous offending history, risks to bail compliance, risks to community safety, vulnerability on remand, and their attitude and willingness to engage with youth justice. Where the young person is a dual client of child protection and youth justice, youth justice will seek information from child protection. This information will initially be sought from the central contact position located in DHHS central office. This position will advise youth justice of information regarding child protection history or current involvement, including the name of the allocated practitioner if the case is open. If the case has been closed in the past month, the case manager’s name will be provided to youth justice.
Bail plan
Youth justice will provide the Court with bail plan attached to the assessment. The plan is designed to mitigate the young person’s bail risks.
If the Court is satisfied the young person does not pose an unacceptable risk, Intensive Bail may be granted.
Monitoring, enforcement and breach
The youth justice case manager will supervise the young person on bail, they will escalate and mitigate concerns around potential non-compliance with bail.
Youth justice will notify police of any non-compliance of bail. Police may bring an application to the Court to vary or revoke the bail.