Juvenile & Minor Law:

The process for offences involving Juveniles or Minors is generally commenced in the Children’s Court. The Children’s Court has a wider jurisdiction than the Local Court and can hear a range of different matters. However, the Children’s Court does not have jurisdiction to hear the following matters:

• Serious indictable offences – for example, murder or an offence with a maximum penalty of life imprisonment or 25 years imprisonment; and
• Traffic offences – unless the traffic offence was connected to another offence over which the Children’s Court has jurisdiction.

When criminal proceedings are brought against a child, the child has a right to have the following aspects explained to him or her:

• The nature of the charge;
• The elements of the charge; and
• The facts that have been found to exist to constitute the charge. 

The proceedings will not be able to continued until the above matters have been explained to the child.  If you are a parent and your child has been charged with criminal proceedings, you should obtain legal advice immediately to ensure your child’s interests are protected.

When sentencing a child, the Children’s Court will have regard to a range of principles. A child is considered to require guidance and education.

In sentencing a child, some examples of the principles a Court may take into account include:

• Children require guidance and assistance due to their state of dependency and lack of maturity;
• Where possible, the education and employment of the child should remain undisturbed; and
• Where possible, the child should remain in his or her residence. 

The concern of the Court when sentencing a child is to ensure that the child is given an opportunity to undertake rehabilitation as opposed to merely imposing a punishment or penalty. Whether the Court takes into account this consideration depends on the circumstances of the case. In some instances, for example, the facts may show that the child conducted him or herself in a manner in which an adult would have conducted himself or herself; or alternatively, that the child may be close to the age of eighteen (18).