Children’s Criminal Law

The Children (Criminal Proceedings) Act 1987 (NSW) governs proceedings in the Children’s Court, outlining principles for handling cases involving young individuals facing criminal charges. These principles as outlined in section 6 include:

1. Children have the right to express themselves and participate in decisions affecting them.
2. While children are responsible for actions, their immaturity requires guidance.
3. Efforts should maintain a child's education or employment.
4. Keeping a child in their home is preferred when possible.
5. Penalties for children shouldn't exceed those for adults committing similar offences.
6. Fostering family and community connections is valuable.
7. Encouraging responsibility and reparations benefits children who commit offences.
8. Effects of a crime on the victim should be considered.
Unlike adult criminal courts, the Children’s Court isn't open to the public. The Magistrate can exclude those not directly involved. Proceedings are less formal than adult courts.