Youth diversion rate falls in NSW


Release date: Thursday, 19 September 2024

Links to report summary:

New data from the NSW Bureau of Crime Statistics and Research (BOCSAR) shows a decline in the proportion of young offenders formally diverted from the court system by way of a police issued warning, caution, or youth justice conference. Over the past two years the youth diversion rate fell from 51.3% in 2022/23 to 46.8% in 2023/24. While the total number of legal actions against young people has remained stable, the nature of youth legal actions has changed.  From 2022/23 to 2023/24, youth court actions increased 10.0% (up 1,060 additional court actions) while the number of cautions under the Young Offenders Act fell 10.5% (down 765 cautions) and formal warnings fell 7.3% (down 225).

Jackie Fitzgerald, Executive Director of BOCSAR said “Diversionary options for young people are a longstanding pillar of the NSW response to adolescent offending.  Diversion can reduce reoffending, and avoid or delay the stigma and harms associated with a court appearance.  There appear to be two factors driving down the rate of youth diversion.  Firstly, the severity of offences that young people are being proceeded for has recently increased.  We’re seeing more legal actions for offences which are unlikely to be diverted away from court such as robbery, car theft and break and enter; while at the same time some less serious offences, like cannabis possession, have fallen in volume.  A second factor is a fall in the rate of diversion for some high-volume offences; for instance, the diversion rate for shoplifting fell from 69% in 2022/23 to 55% in 2023/24.  

Key findings:

Two factors contributed to the fall in the youth diversion rate:

  1. Increased legal actions for serious offences with low diversion rates (below 25%) PLUS Fewer legal actions for minor offences with high diversion rates (above 80%)
    • Serious offences with increased youth legal actions from 2022/23 to 2023/24: Robbery up 18.7% (up 100), Break & enter dwelling up 14.6% (up 137), Motor vehicle theft up 7.4% (up 83)
    • Minor offences with fewer youth legal actions from 2022/23 to 2023/24: Cannabis possession down 13.9% (down 138) , Trespass down 10.6% (down 158), Offensive language/behaviour down 29.6% (down 98)
  2. The rate of diversion fell for a number of high-volume offences. For instance, youth legal actions for the following offences were more likely to involve a court referral in 2023/24 compared with 2022/23: 
    • Steal from retail store: diversion rate fell from 69% in 2022/23 to 55% in 2023/24. 
    • Driving offences: diversion rate fell from 29% in 2022/23 to 23% in 2023/24. 
    • Break & enter non-dwelling: diversion rate fell from 49% in 2022/23 to 33% in 2023/24.
    • Break & enter dwelling: diversion rate fell from 16% in 2022/23 to 13% in 2023/24.

Trends in major crime categories to June 2024

BOCSAR has also released the latest NSW recorded crime statistics.  Over the ten years to June 2024, four of the 13 major crime categories increased significantly in NSW:

  • Domestic violence-related assault increased 28.3% (up 2.8% per year on average), rising in in 12 of 13 regional locations and 14 of 15 Greater Sydney locations
  • Sexual assault increased 107.2% (up 8.4% per year on average), rising in all 13 regional locations and all 15 Greater Sydney locations.
  • Sexual touching, sexual act and other sexual offences increased 31.5% (up 3.1% per year on average), rising in seven of 13 regional locations and eight of 15 Greater Sydney locations.
  • Steal from retail store increased 30.7% (up 3.0% per year on average), rising in two of 13 regional locations and five of 15 Greater Sydney locations.

Over the ten years to June 2024, seven of the 13 major crime categories significantly declined. 

  • Murder decreased 25.8% (down 3.3% per year on average)
  • Robbery decreased 37.2% (down 5.0% per year on average),
  • Break and enter dwelling decreased 38.0% (down 5.2% per year on average),
  • Break and enter non-dwelling decreased 35.2% (down 4.7% per year on average),
  • Steal from motor vehicle decreased 32.6% (down 4.3% per year on average),
  • Other stealing offences decreased 34.1% (down 4.5% per year on average) and
  • Malicious damage to property decreased 23.8% (down 3.0% per year on average).

Recorded incidents of non-domestic violence related assault and motor vehicle theft were stable over the ten years to June 2024. 

For comment please contact:

Jackie Fitzgerald, Executive Director, NSW Bureau of Crime Statistics & Research.

Phone: +61 423 139 687
Email: jackie.fitzgerald@dcj.nsw.gov.au
Copies of the report: www.bocsar.nsw.gov.au 


Last updated:

18 Sep 2024