The Progress of 500 Referrals from the Child Protection Response System to the Criminal Court

Abstract

Five hundred concerns about abuse to children cases were followed from the initial report to a child welfare system through the intervention process to criminal prosecution. The sample originated with the Child Protection Services, a unit based in a paediatric hospital in the state of South Australia, and its links to the wider child abuse reporting and intervention system are described. This study showed only 27.4% of cases substantiated at the welfare/health level were prosecuted in criminal courts, and only 17% achieved a conviction, half of those resulting from a guilty plea. The apparent reasons for this are detailed, including the links to the characteristics of the children, the accused and the professional and legal systems. The study suggests non-prosecution does not indicate that cases were too readily substantiated. On the contrary, constraints in the legal system lead to choices being made by all involved about whether to proceed which significantly reduce the likelihood of prosecution.

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