ABSTRACT
This chapter focuses on the perspectives of the NSW Police Force on youth diversion under the Youth Offenders Act 1997 (YOA). Through interviews with youth liaison officers (YLOs) and a youth policy officer, it sheds light on police thinking regarding their role in decision-making processes. The analysis reveals power conflicts and disparities in knowledge and attitudes towards diversion within the police force. This chapter argues that discretionary decision-making serves to reproduce conservative norms and punitive practices, with seriousness of offence and offender history often outweighing eligibility criteria. Occupational culture(s) factors, such as favouring intervention approaches, also influence arbitrary decisions on youth justice conference referrals. Furthermore, the admission of guilt requirement continues to undermine diversion, with resistance to the recently introduced Protection Admission Scheme (PAS) stemming from a police culture valuing admissions as traditional evidence. This chapter critiques policymakers for being disconnected from youth situations and police attitudes, thereby exacerbating hostility towards PAS. Additionally, it highlights how unwarranted offence exclusions in the legislation neglect the context of youth offending, undermining the YOA's principle of detention as a last resort. Ultimately, this chapter highlights the need to address these issues to ensure effective and child-centred diversion practices.
