M2 - Learner Manual

18. Children in the Courts

There are special courts that deal exclusively with court matters relating to children, these are called Children’s Courts. These courts have special jurisdiction to deal with children who have court matters relating to the Criminal Law or Child Protection matters. The Magistrates, lawyers and other support staff are specially trained to ensure children feel safe and understand the proceedings.

Criminal Law

In Criminal Law children are usually referred to as ‘juveniles’ and this jurisdiction is governed by special juvenile justice principles that are different to the adult jurisdiction based around diversion, rehabilitation and custody being used as a measure of last resort.

The Children’s Court deals with the following criminal cases: -

·       “Criminal cases where the defendant was under 18 years of age at the time of the alleged offence.

·       Traffic cases where the defendant is not old enough to hold a driver’s license or permit, or where the Children’s Court is dealing with other related criminal offences.

·       Breaches of parole, and in some cases the eligibility of children and young persons for release on parole”.[1]

There is special legislation that governs some aspects of this jurisdiction in NSW such as the Young Offenders Act 1997 (NSW) and the Children (Criminal Proceeding) Act 1987 (NSW). The principles of the Bail Act 2013 (NSW) equally apply to children.

 

Care and Protection

In the Care and Protection jurisdiction the court deals with matters relating to the care and protection of children and young people under the age of 18 years. These court cases occur when the relevant state Department has concerns about the safety, welfare and well-being of a child and / or concerns that they are at risk of harm. They may have either already taken steps or may want to take intervening steps to protect the child. In many cases the court may require that they have representation by a special lawyer who is an independent legal representative. The main piece of legislation that governs this area in NSW is the Children and Young Person’s Care and Protection Act 1998 (NSW).  Chapter 6 of this Act deals with Court Procedure and Chapter 2, Part 2 deals with special guiding principles that apply to Aboriginal and Torres Strait Islander children, specifically in relation to self-determination, family involvement in decision-making and placement principles.