Changes to the Children’s Court
Two major initiatives are set to have an impact on the workload of the Children’s Court. On 1 July this year, the age jurisdiction of the Court rose from 17 to 18 years of age. The second initiative sees Australia’s first Children’s Koori Court begin in Victoria.
The lifting of the age jurisdiction of the Court to 18 will bring it into line with United Nations Convention on the Rights of the Child. Under the changes the Children’s Court will hear cases where a child is aged 10 or more but under 18 at the time of the offence and under 19 when a proceeding is commenced in court (the filing of a charge).
The Children’s Koori Court will sit once a fortnight in Melbourne in the criminal division. It is hoped the significant reductions in re-offending rates achieved in the adult Koori Courts can be replicated in the Children’s Court.
Children’s Court president Judge Jennifer Coate said the increase in age jurisdiction meant the types of cases dealt with in the Children’s Court would be more difficult. “It will be a significant extra group that will represent some of the serious and difficult and sometimes intractable end of juvenile offending.”
A new procedure for fine enforcement for young people has also been introduced. The Children and Young Persons Infringement Notice System (CAYPINS) will deal with the expected increase in the number of fines involving children as a result of the age change. CAYPINS will allow young people to explain their personal and financial circumstances to the Court.
It is estimated the jurisdictional changes will add to the Children’s Court:
- up to 160 cases that would otherwise have gone to trial in the County Court;
- around 2500 matters that would have otherwise been dealt with in the adult division of the Magistrates’ Court; and
- about 1800 matters of contested fines for offences such as public transport fines and not wearing bike helmets.
Judge Coate said the increase in age jurisdiction was also an endorsement of the rehabilitation response to juvenile offending in Victoria. “Currently in Victoria, the rate of juvenile crime is going down and the rate of juvenile incarceration is the lowest in the nation by at least half,” she said. “If we can have a similar impact on that next, more significant, high offending age group, that is good for Victoria,”
More information:
Juvenile Justice: Youth and Crime in Australia, Cunneen & White.
Useful Web links - Children’s Court.
www.childrenscourt.vic.gov.au
Disclaimer:
The information in this newsletter is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from Ms Eleanor Coates or Paula Leslie of our office.
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