Once children and young people with disability are in the juvenile justice system, there is often an emphasis on punishment of the crime and rehabilitation, rather than on appropriate assessment, intervention and support services. As a result, many children and young people with disability are not identified, which means their specific support needs are not addressed. There are also concerns regarding the inappropriateness of the design of facilities and the environment within juvenile detention facilities, which can also contribute to a decreasing emotional and mental health state.224
In some Australian States and Territories, there are broad powers that allow for the transfer of juvenile detainees to adult prisons which exposes them to greater risk of physical and mental harm including sexual assault, and limited opportunity for rehabilitation.225 Instances of assault including sexual assault remain rife in the Australian prison system, particularly among young male inmates.226
In its Concluding Observations to Australia in 2008,227 the UN Committee against Torture recommended that Australia apply measures to reduce overcrowding such as non-custodial forms of detention228 and ensure detention is used as a measure of last resort, particularly in relation to juveniles.229 Contrary to the recommendation of the Committee against Torture, mandatory sentencing has not been abolished in Australia.230
