Policing Young Offenders: What Role Discretion?

Abstract

Although police exercise wide discretionary powers when carrying out their general patrol duties, it is with respect to young people that these powers are the most extensive. The present research examines some of the factors that influence the use of police discretionary powers with young offenders. Over 220 sworn police officers from New South Wales Police responded to written surveys about the way in which they routinely dealt with, or planned to deal with, four offences commonly committed by juvenile offenders. Results show that police behaviour towards the same offending may vary greatly, particularly in relation to minor offences. This is not particularly surprising, given the plethora of discretionary and diversionary options that have been introduced into Australian juvenile justice and policing legislation in the last decade. The purpose of giving these options was to provide police with greater scope to accommodate individual differences in offenders. An unintended consequence of this change, however, has been greater unpredictability of outcome. Given that there is a broad range of police officer typologies as well, a young person's experience with the law, especially in relation to minor offending, is becoming more ‘lottery’-like.