The Law Handbook 2024

42 Section 1: Understanding our laws and courts Who is group conferencing for? Group conferencing is for young people referred by the Children’s Court. The young person must have: • pleaded guilty or have been found guilty of offences that do not include sex offences; • committed offences serious enough to warrant a probation order, or a youth supervision order, or a youth attendance order, or a period of detention to be considered by the court; • consented to participate; • been assessed as suitable by a youth justice officer of the DFFH. Who attends a group conference? A group conference is attended by: • the young person; • their family and/or supports; • the young person’s legal representative; • the victim and/or their representative; • the victim’s family and/or supports; • the police officer who laid the charge(s); • community members; and • the convenor. What happens at a group conference? At the conference the participants discuss what happened and agree on an outcome plan, which details what needs to be done to make amends for the harm caused by the offence. The convenor then writes a report that explains what happened in the conference, and this is presented to the Children’s Court. What are the possible outcomes of a group conference? Recommendations from the conference could be: • assistance and support for the young person in such areas as education, skill development, employment and counselling; • ways of dealing with the offence – this could mean that the young person apologises, pays for all or part of damage caused, or makes a donation. When deciding on an appropriate sentence, the court will take into account the contents of the group conference outcome plan. Diversion Police cautions In Victoria, diversion has historically operated through the pre-court Victoria Police cautioning program. There are a number of eligibility criteria for police to consider when deciding whether a caution is appropriate. Cautions are most often issued to first-time offenders; however, police may issue more than one caution to an individual. The young person in question must admit (or have not disputed) guilt and there must be sufficient evidence to prove guilt before police may issue a caution. Ropes Program The Ropes Program was developed in 2002 to provide a diversion option for young people appearing in the Children’s Court for the first time. Other eligibility requirements include: • the offence must be within the Children’s Court jurisdiction; • the young person must be between 12–18 years; • the young person must admit to (or not dispute) the offence; • the young person must not previously have participated in the Ropes Program; • the police informant must recommend the young person for the program; • the young person and their parent or guardian must consent to participation; and • the presiding judicial officer must authorise participation in the program. The program involves completion of a set of physical tasks (low and high ropes) and discussion sessions. It seeks to improve relations between young people and the police. If the course is successfully completed, the young person is not required to appear at court on the next court date and the charges are struck out. This means the young person will not have a criminal record. Youth Diversion Program The Youth Diversion Program is a state-wide, court- referred, community based diversion program for young offenders who acknowledge their offence and have little or no history of offending. Offenders who successfully complete the program do not have