Sentencing may have particularly harsh effects on children from rural areas. Generalist magistrates sometimes impose relatively harsher sentences on juvenile offenders than specialised children's magistrates. One reason for this is the lack of non-custodial programs in rural areas. However, it is also due to insufficient understanding on the part of some generalist magistrates about the appropriateness of different sentencing options for juvenile offenders and the effect on children of being detained in a centre far from their family and community. Magistrates in rural areas should be aware of the range of available non-custodial programs in the local community and should utilise them to the maximum possible extent.
Many offences committed by young people are alcohol or drug related.
In these cases, sentencing decisions should address the addiction that is the root cause of the offending behaviour rather than punishment for its own sake. This should include the provision of appropriate drug treatment facilities incorporating both detoxification programs and treatment or referral services. It should also include counselling and other practical programs to assist these young people and their families. Indigenous children Sentences for young Indigenous people should give recognition to Indigenous culture and kin relationships. This requires appropriate training for both magistrates and practitioners.