Penalties in the Children’s Court

If a person under the age of 18 is guilty of a criminal offence in NSW, there are a range of different penalties that can apply.

For children, there is a greater emphasis on the need for rehabilitation – and greater scope for matters to be dealt with outside the courtroom altogether.

Although there are certain exceptions – namely, very serious offences where the child is dealt with in a higher court – the following penalties may apply to children in NSW.

Warnings

In certain cases, police have discretion to issue a warning instead of sending the child to court.

Warnings can be given for most summary offences (less serious offences) unless they involve violence or the officer believes it is more appropriate for the case to be dealt with in court.

Police or youth liaison officers may choose to notify the child’s parents of the warning.

The warning will be recorded, but must be expunged (deleted) when the child turns 21.

Police Cautions

Cautions may be given by police for most summary offences.

Like warnings, this means the case is kept away from court.

Under section 19 of the Young Offenders Act, cautions may be issued if the child admits to the offence and police believe it is appropriate in all of the circumstances. In reaching that decision, police are required to take into account:

• the nature of the offence,
• any degree of violence involved,
• any harm caused to a victim, and
• any previous offence committed by the child.

For less serious offences, children are to be dealt with using a caution unless police believe it is against the interests of justice to do so.

A child must consent to being dealt with by way of a caution. If they do not, their case will be sent to court.

If the matter is dealt with under a caution, any finger prints, palm prints or photographs taken of the child in connection with the offence must be destroyed.

Youth Conferencing

Conferencing is used to assist children to reflect and take responsibility for their actions.

It also aims to build and strengthen family support, and help address any underlying causes of the child’s offending conduct.

The aim of a conference is to reach agreement between the child and any alleged victims (‘complainants’), who have the right to veto potential outcomes. Such outcomes may include an apology, making reparations to the complainant or the community, participating in a program such as drug or alcohol rehabilitation, education, or counselling.

The child is monitored to ensure compliance with the outcome plan.

The child may decide not to proceed with the conference at any point; in which event the matter case will go back to court for determination.

Cautions/dismissals by courts

Magistrates, like police or other investigating officials, may choose to deal with NSW court cases involving children by way of a caution.

Under section 33 of the Children (Criminal Proceedings) Act, magistrates may dismiss the charges against a child altogether.

Alternatively, they may discharge the child after administering a caution, or ordering them to enter into a good behaviour bond for up to two years.

Good behaviour bonds

The court may impose a good behaviour bond upon a child with or without conditions, for up to two years.

Fines

Courts may also impose fines – but these fines must not exceed the maximum fine prescribed by law, or $1,100, whichever is less.

Before imposing a fine, the court must consider the child’s capacity to pay, as well as any effect of the fine on the child’s prospects of rehabilitation.

Community Service:

Courts may also order a child to undertake a certain number of hours of unpaid work for the community.

Probation

An option in more serious cases is to release the child into the community on probation for a period of two years or less.

Detention

Sending a child to a juvenile detention centre is most serious penalty.

It can only be used as a last resort; ie after a background report has been ordered and the court reaches the view that it would be wholly inappropriate to impose any alternative penalty.

So there you have it, a thumbnail sketch of penalties in the Children’s Court.