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
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