Jodie O'Leary

Exploring juvenile fitness for trial in Queensland

This study presents data on the number of juveniles raising and being found unfit to stand trial in Queensland courts and investigates why Queensland juveniles are half as likely as adults to be found unfit to stand trial. The article briefly sets out the legal regimes determining questions of fitness in Queensland. The developmental characteristics of juveniles are explored, indicating that juveniles are more likely than adults to suffer from deficits in areas relevant to trial fitness. Some hypotheses regarding the low rate of applications and findings of juvenile unfitness are considered, including failings by legal practitioners to identify juveniles who potentially lack fitness; tactical decisions by legal practitioners who decide against formally raising unfitness; and shortcomings and confusion surrounding the law and procedure in relation to trial fitness.

Juvenile fitness for trial: Lawyer and youth justice officer professional survey

Fitness to stand trial is a necessary requisite for a fair trial in judicial proceedings. Research within Australia is limited regarding juvenile fitness for trial, though recent evidence indicates that juvenile offenders are half as likely to be found unfit to stand trial compared to adult offenders. The study surveys lawyers (n = 20) and youth justice workers (n = 20) about their experiences with juveniles in the Queensland youth justice system. Over the preceding 12 months, 133 juveniles were identified as potentially unfit. Intellectual impairment (37%), immaturity (28%), and mental illness (26%) were the most prevalent conditions. Indigenous Australians were rarely referred for mental health evaluation. In comparison, juveniles (mostly non-indigenous) with mental illness and intellectual impairment were significantly more likely to be referred for evaluation. Pragmatic and tactical reasons were most frequently given for non-referral to the Queensland Mental Health Court, which at the time decided fitness.

Protecting children from harm in juvenile detention

In ABCs Four Corners expose on the abuse of children at the Don Dale detention centre, interviewee barrister John B Lawrence said: If I treated my children like that, the authorities would take my children from me quite properly so because I would be behaving cruelly to them.