The Children’s Court

Emma Grimley

The Basics

• Can hear cases where the accused is younger than 18 years old OR

• Less than 21 years old when charged for a crime committed when younger than 18

• Aim = rehabilitation of the offender• Is a lower court of Australia

Exceptions to jurisdiction

• Homicide• Aggravated Sexual Assault• Some Traffic offences

• Heard in special closed sessions of Supreme Court

How it works?

• Specialist magistrates of the Local Court become Children’s Court Magistrates

• 2 main jurisdictions: Criminal and Care Proceedings.

Criminal Jurisdiction

• The Children’s Court deals with children under 18, charged with summary and some indictable offences.

• Appeals can be made to District or Supreme Court

Care Proceedings Jurisdiction

• Do NOT involve a child being charged with an offence

• DOCS (Department of Community Services)• Children and Young Persons (Care and

Protection) Act 1998• Types include: Care Applications, Alternative

Parenting Plan, Emergency Care and Protection Orders, Assessment Orders