ABSTRACT
This chapter explores judicial perspectives on youth diversion under the NSW Youth Offenders Act 1997 (YOA) through in-depth interviews with specialist Children's Court magistrates, Local Court magistrates and the President of the Children's Court Magistrates. As gatekeepers to diversion decision-making, these participants provide valuable insights into their thinking, views and practices regarding youth justice conferencing (YJC) and diversion. The analysis reveals that while magistrates generally support YJC, they harbour reservations about fully embracing diversionary alternatives. High expectations of diversionary practices and a focus on recidivism lead to reluctance in making further referrals for young people, with an unspoken arbitrary limit of two conference referrals per individual being common. YJC is often seen as a sentencing tool rather than a true alternative to court proceedings. This chapter also highlights a city–rural divide, where differences in resources, training and education undermine diversion in rural areas. Community expectations are found to play a significant role in judicial decision-making, with some communities viewing YJC as a ‘soft approach,’ a perception that undermines diversion opportunities. Furthermore, magistrates express frustration at the preclusion of certain offenses from diversion, viewing these restrictions as both unwarranted and limiting. Overall, this chapter suggests that while there is a commitment to the diversionary ethos of the YOA, competing priorities frequently take precedence, highlighting the challenges of consistently upholding its principles in practice.
