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Human Rights Brief No. 2 Practitioner checklist

Human Rights Brief

No. 2

Practitioner checklist - Sentencing

Juvenile Offenders

If the answer to any question

is 'No', there has been a failure to implement the CROC sentencing principles

in full. If the answer to any question is 'Don't know', there may have

been such a failure.

  1. Participation

    Does the young person fully understand his or her situation?

    Was the young person given an opportunity to make submissions on sentencing,

    in person or through counsel?

    Did the young person feel free to participate?

  2. Best interests

    Did the court investigate the young person's best interests?

    Did the court make the best interests a primary consideration?

    Was the young person's well-being a guiding factor?

  3. Community safety

    Does the sentence reinforce the child's respect for the rights of others?

    Is it likely to discourage re-offending?

  4. Rehabilitation

    Does the sentence aim to rehabilitate the child?

    Will it do so in fact?

  5. Cruel, inhuman

    or degrading

    Is the sentence humane taking into account the young person's age, physical

    and mental health, family and socio-economic background, cultural affiliations,

    intellectual development and level of education?

  6. Range of options

    Was a range of sentencing options available to the court?

    Did the court consider a range of sentencing options?

  7. Proportionality

    Is the sentence proportional both to the young person's circumstances

    and to the offence?

  8. Review

    Is the sentence capable of review by a higher tribunal?

  9. Detention as

    a last resort

    In the case of a sentence of detention, was the sentence imposed as

    a measure of last resort?

  10. Arbitrariness

    In the case of a sentence of detention, is the sentence free from arbitrariness

    (proportional, consistent, non-discriminatory, compatible with the principles

    of justice, applied according to clear standards and guidelines)?

  11. Shortest appropriate

    time

    In the case of a sentence of detention, is the length of the sentence

    the shortest which is appropriate in the individual case?

Last

updated 2 December 2001.