Youth Justice Bail After-Hours Service

From 30 April 2023, Youth Justice Bail After-hours Service (YJBAS) replaces the Central After-Hours Assessment and Bail Placement Service (CAHABPS) which was previously delivered by the Department of Families, Fairness and Housing (DFFH).

The Youth Justice Bail After-hours Service (YJBAS) is a state-wide, after-hours bail assessment and advice service delivered by Youth Justice, available to young people aged between 10-18 years of age. It provides a single point of contact for bail assessments and advice in matters where police are seeking to remand a young person after-hours and can also be utilised voluntarily by any young person being considered for remand by police or where bail accommodation may be required.

YJBAS supports after-hours bail decision makers which includes both Bail Justices and the Weekend Online Remand Court (WORC). During business hours, police contact the area youth justice unit.

Remand of young people should only be considered as a last resort on the basis that:

• the offences the young person has been charged with have not yet been dealt with in court

• it has a stigmatising effect on young people

• contact with other offenders allows the formation of criminal associations and networks

• it places vulnerable young people at risk

• it reduces the opportunity for positive rehabilitation

Child protection practitioners may have contact with YJBAS when working with a young person who has been charged with an offence and police have contacted YJBAS in relation to that young person. If contact has occurred overnight with a young person who is involved with Child Protection, YJBAS will record the details after-hours activity for the practitioner's attention and information via CRIS.

YJBAS is the after-hours contact point for police regarding young people that have been charged with alleged offences. Police are required to contact the service if they are considering a remand application for a young person after-hours.

The primary role of the YJBAS worker is to undertake an assessment and provide advice regarding the young person’s suitability for bail placement. This includes ensuring the young person is aware of the YJBAS service and their rights and responsibilities should placement in the community be assessed as suitable.

YJBAS also provides:

• support and information about the remand process and court proceedings

• assistance with bail accommodation

• referral to additional youth and family support services

Within the metropolitan area, the YJBAS worker may attend the police station and conduct an assessment of the young person’s suitability for bail placement, and if assessed, place the young person into a suitable accommodation option.

For those young people charged with an offence in rural areas, the YJBAS coordinator will act as a central point of contact for police when they are considering a remand application outside of business hours.

Occasionally, YJBAS is contacted in situations where police are prepared to issue bail for a young person. In such a case where the young person may not have access to an appropriate accommodation option, it is the role of the YJBAS worker to facilitate bail by assisting police in identifying an appropriate accommodation option for the young person.

Youth Justice assumed responsibility for the delivery of YJBAS at 8.00am 30 April 2023.  There will be an interim period of adjustment, and during this time, Child Protection and Youth Justice will maintain open communication at both the policy and operational levels to support young people during the interim period.  The interim arrangement will be in place until June 2023.

To facilitate streamlined sharing of information after-hours, the YJBAS and the DFFH Streetwork Outreach Service (SOS) will communicate directly with information requests to support bail assessments and/or investigation in a timely manner.  This will occur after-hours on Monday to Friday (5pm to 3am) and weekends and public holidays (8am to 3am). 

Information requests will occur between the YJBAS Team Manager and the DFFH Sreetworks Outreach Service (SOS) Team Manager.  YJBAS may request the following information from SOS to complete a bail assessment:

• whether there is current child protection involvement, current circumstances, and the name of the Child Protection Practitioner

• whether the young person is in a care placement

• family details

• the young person’s child protection history if relevant to the YJBAS assessment

When police are considering remand of a young person after-hours, they must notify YJBAS and allow the young person to be in contact with a CAHABPSYJBAS worker prior to the remand hearing.

Young people, parents or guardians, carers or community sector staff can contact CAHABPSYJBAS directly for support and advice regarding the police remand process.

Criminal matters

When a young person in police custody is to be processed for a criminal offence, the interviewing member in consultation with their sergeant will consider action in accordance with the following options:

• no further mention

• a caution under the police-cautioning program

• the issue of an immediate summons

• charge and instant bail (with or without conditions)

• submission of a brief of evidence for approval

• charge and remand in custody by court or bail justice.

Remand

Remand of young people in custody should only occur after due consideration of all other alternatives. The use of bail with the imposition of conditions is preferable to remand.

Where remand in custody is recommended to a bail justice or WORC Magistrate by police, and the child is not legally represented, the police informant will contact  YJBAS who may make arrangements for a worker to be present at the remand hearing to provide advice regarding alternative options. The YJBAS worker should be allowed access to the young person prior to the remand hearing.

YJBAS is available:

• Monday to Friday: 5.00 pm – 3.00 am

• Saturday and Sunday: 8:00am – 3:00am

• Public holidays: 8.00 am – 3.00 am

• During normal business hours contact your local Youth Justice unit

• Phone : 1300 313 381

• Email : yjbas@justice.vic.gov.au

The interim service delivery agreement Is between Youth Justice, Department of Justice and Community Safety (Youth Justice) and After Hours Services (AHS), Department of Families, Fairness and Housing (DFFH). 

• YJBAS fact sheet
• YJBAS fact sheet for Young People and Families 
• YJBAS fact sheet for Legal Representatives