Children in court & Diversionary Schemes By Maddie

The Children’s court Covered by the Children's Court Act 1987 (NSW)

and the Children (Criminology Proceedings) Act 1987 (NSW)

Children's courts are different from other courts as they are: Closed to the public Media is entitled to be present in the court (unless

magistrate or judge says otherwise)

Principles of Juvenile Justice In NSW courts must apply the following principles

when dealing with a child in criminal cases: Children have equal rights and freedoms as adults do Children have responsibilities for their actions but require

guidance and assistance Allowing children to continue education or employment without

interruption

The children's court aims to promote rehabilitation through the use of community-based orders such as

good behavior bonds Probation Community service orders Or special programs like the Youth Drug and Alcohol Court

Principles of Juvenile Justice The United Nations Convention on the Rights of

the Child (CROC) also established principles which are persuasive in the Australian courts while sentencing Young Offenders which include:

The best interest of the child is vital in decisions made affecting the child

Imprisonment of children must be a last resort, and a variety of other appropriate punishments should be available

Youth Drug and Alcohol Court A young person who satisfies the eligibility criteria for

YDAC may be referred to this sentencing option by specialist Children’s Courts

Young people who are accepted in this program usually don’t spend time in custody, but do remain in the community and are given 6-12 months to complete this program

If completion of this program is successful , the young person is then given a non-custodial sentence and no conviction is recorded against their name. If failed, the person is sentenced in the usual way.

DIVERSIONARY SCHEMESYOUNG OFFENDERS ACT (NSW)

The Young Offenders Act introduced a graded diversionary scheme of

Police warnings Formal cautions Youth Justice conferences for young offenders

When police arrest a young person, they must first consider whether the person is eligible and entitled to be diverted.

However police often decide not to use the YOA but instead give them strict bail conditions and sent to the Children’s Court

Warnings Under the Young Offenders Act, police can

decide to give warnings for minor offences that do not involve violence.

If someone has previously been given a warning, this does not automatically mean they cannot be given another warning for a later offence.

Cautions Police may give a formal caution for more

serious offences if the young person admits to the offence and consents to a caution under the Youth Offenders Act

Following a caution, the offender may be asked to write an apology to the victim(s) of the offence, but no other penalties may be imposed.

Youth Justice Conferences Young Offenders who admit an offence where the YOA

applies can be referred to a youth justice conference

These conferences are considered to be progressive as they recognize the rights of young offenders, their victims, families and other members of the community to decide what to do about the harm that may have been caused by the offenders actions.

The aim of these conferences are to provide a supportive environment for the offender to acknowledge and accept responsibility for any harm caused by the offence