Possible Penalties
The Children's Court sentences a child to a penalty if they plead guilty. This also happens if a child is found guilty after a trial.
Your personal situation and the circumstances of the crime will be considered. Penalties are designed to be fair for young people. The goal is to give them a chance to make better choices in the future.
The Children's Court has a range of penalties. The most serious offenders and repeat offenders face the most serious penalties. Every crime by a young person is serious. The Children's Court will deal with everyone as an individual person.
Orders in the Community
The court may put the young person on an order in the community. The order will be for a set time, will have rules and the young person cannot reoffend.
If the young person does not follow the rules of the order or if they commit another offence, this is called a breach. The breach of an order is an offence.
If the young person breaches the order, they have to go back to court. The court will resentence them for the original offence, as well as the breach. Sometimes this might mean they go to detention.
Options for the Court
The young person is free to go home.
The young person can go home but has to make undertakings, these are promises to the court.
The court must be satisfied that the young person and their parents will keep the undertakings.
Some of the conditions might be:
- Paying fines and costs.
- Making restitution, this is putting back or repairing something.
- Paying compensation, this is paying money for the damage or hurt done.
Against the responsible adult
The court can also order conditions for the young person's parents. Or for the child's responsible adult.
Some of the conditions might be:
- Paying fines and costs.
- Making restitution, this is putting back or repairing something.
- Paying compensation, this is paying money for the damage or hurt done.
Action can be taken against the adult if they don't meet their conditions. The court can deal with them as if they were guilty of the young person's crime.
Against the young person
The court can fine a young person up to $2,000 and order them to pay the court costs.
The prosecutor may also ask the court to order compensation or restitution.
The juvenile justice team is also called the JJT.
Referral is only possible if the young person pleads guilty or accepts responsibility.
The juvenile justice team will hold a meeting with everyone and discuss the crime. The meeting will include:
- the young person
- their family member
- a police officer
- someone from the Juvenile Justice Team.
The victim or their representative may also attend.
Everyone at the meeting decides on what actions the young person can take. This might include:
- apologising to the victim
- going to counselling
- doing voluntary work
- attending courses.
If the young person does everything they agree to do, the charge is dismissed and does not return to court.
An adult promises to make sure the offender will stay out of trouble for a set time. If they don't, the adult has to pay money to the court.
The young person undertakes, promises to pay an amount of money if they do not stay out of trouble for a set time.
This can be for several months or up to a year.
If the young person breaks their undertakings they must go back to court. The court may order them to pay the bond, the amount of money decided by the court.
The bond amount can usually be converted to hours of unpaid community work instead.
This type of order involves the young person being supervised by a Youth Justice Officer.
They must follow the instructions of their Youth Justice Officer. They might have to go to drug or alcohol counselling, get help with other problems or do a course.
The order can also include doing unpaid community work for between 10 and 100 hours. Community work is supervised and must be done within three months.
There could also be supervision conditions. The young person will then have to report to a youth justice officer regularly.
This type of order can be made with or without detention. A youth justice officer will supervise it if there is no detention.
It is important that they follow the instructions of their youth justice officer. They may have to go to counselling for drugs and alcohol use, get help with other problems or do a course.
The youth justice officer keeps track of the young person's progress in the community.
The order can also include doing unpaid community work for between 10 and 100 hours. There are three months to complete the community work, which is supervised.
For supervision conditions, you will have to report to a youth justice officer up to three times a week. The youth justice officer keeps a very close watch on the young person's progress.
When this type of order is made with detention, it is also known as a Conditional Release Order or a CRO.
This means that the young person lives in the community instead of being in a detention centre. There are usually very strict rules set out in the order that the young person must follow.
Under this order:
- The young person must get permission from their youth justice officer to change where they live.
- The young person has to report to their youth justice officer at least three times a week.
If the young person does not follow the rules of the order, they can be brought back to court.
The court may cancel the order and send the young person to a detention centre.
If the young person is 17 years old or over this type of penalty can be used.
Adult community justice services will supervise them.
Young offenders can be sentenced to a period of time in a juvenile detention centre.
Once they turn 18, they go to an adult prison.
Adult penalties will apply if a young person is over 18 when sentenced.
Last updated: 16 April 2024