Youth Detention and the Children’s Court of Victoria
- Over 30 years experience in the criminal justice system
- Track record of success
- Nationally acclaimed expertise
Free Legal Advice 24/7
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Ropes
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Non-Accountable Undertaking
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Accountable Undertaking
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Good Behaviour Bond
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Fines
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Probation
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Youth Supervision Order (YSO)
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Youth Attendance Order (YAO)
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Imprisonment
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Youth Detention
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Criminal Charges
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Parole
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Child been Charged with a Crime
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Category A Serious Youth Offence
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Category B Serious Youth Offence
Is Your Child Facing Detention for a Criminal Offence in the Children’s Court?
If your child has been charged, it’s crucial to have legal representation with deep expertise in criminal law and sentencing specific to youth offenders.
Navigating the criminal justice system can be overwhelming, especially for young individuals. The Children’s Court takes offences by minors seriously, often resulting in significant penalties, including imprisonment.
The legal procedures are complex, with substantial evidence to review and preserve, and many factors impacting sentencing. Early and thorough legal assistance can be essential to achieving the best possible outcome for your child.
At MK Law, our team of experienced Children’s Court lawyers is here to help. With offices across Melbourne, New South Wales, South Australia, and Western Australia, we have represented thousands of clients at contested hearings and trials. During confidential consultations, we listen carefully to our clients’ stories, provide clear guidance through every step of the Children’s Court process, and outline all available options, including pleas and potential outcomes, to help minimise penalties.
Our in-house counsel manages cases from start to finish, ensuring consistent representation. We have successfully defended minors through proactive defence strategies that may include investigations, challenging police evidence, obtaining defence witnesses, and gathering support materials like psychological assessments. We focus on reducing negative impacts on your child, fighting for a fair and lenient outcome that reflects the circumstances and their potential for reform, such as diversion programs or the dismissal of charges.
Our lawyers stay current on legal developments, regularly attending training to offer you and your child the most informed representation.
Understanding the Children’s Court:
Unlike adult courts, the Children’s Court aims to rehabilitate young offenders rather than solely punish them. It provides a supportive environment where interventions are designed to address each child’s unique needs and guide them toward positive change. This collaborative approach involves professionals such as psychologists, social workers, and youth justice officers, who support the child and their family during and after the court process.
While children can receive more lenient sentences by pleading guilty early, the Court often prioritises measures that keep the child out of detention. Lawyers and other representatives engage with the child in a less intimidating, informal setting, where children are addressed by their first names and protected from media exposure.
When Does a Case Go to the Children’s Court?
Established in 1906, the Children’s Court addresses offences committed by children under 18 at the time of the offence, with jurisdiction over criminal and family law matters.
For severe crimes (e.g., murder, manslaughter), cases are transferred to the County or Supreme Court. Otherwise, the Children’s Court can address a wide range of charges, providing age-appropriate considerations in sentencing.
Sentencing in the Children’s Court:
The Children’s Court emphasises rehabilitative over punitive measures. Sentences may include:
- Youth Residential or Justice Centre Orders (for ages 15-21): Used only as a last resort due to evidence that detention doesn’t prevent reoffending.
- Rehabilitation Programs like “Ropes,” therapeutic treatment, counselling, or education to support behaviour change.
- Non-conviction Orders such as probation, good behaviour bonds, or diversion to avoid a criminal record.
Detention Centres for Youth:
If sentenced, a minor may serve time in one of Victoria’s youth facilities: Malmsbury or Parkville Youth Justice Centres. Both centres provide educational opportunities to reduce the risk of reoffending.
Youth Incarceration Statistics:
Statistics show that roughly 600 children under 14 are detained each year in Victoria, with a high proportion being Aboriginal or Torres Strait Islander children. Studies indicate that incarceration increases the likelihood of mental health issues and reoffending, particularly for younger offenders.
Sentencing Guidelines in the Children’s Court:
Under section 363 of the Children, Youth and Families Act, sentencing in the Children’s Court is designed to protect children and support their development, preserving family connections and allowing for continuity in education and employment.
Judges balance the seriousness of the offence with the child’s personal history and prospects for rehabilitation.
Recent Children’s Court Cases
The following cases illustrate the Children’s Court’s approach to criminal offences committed by minors, including the outcomes and strategies involved in these proceedings.
Charges: Stalking
Facts: A 14-year-old defendant was charged with stalking of a sexual nature. The defendant engaged our legal team to develop a strong defence. We brought the case to court urgently and compiled substantial evidence regarding the defendant’s personal and family situation. This evidence was submitted to the court, demonstrating that the defendant met the criteria for rehabilitation through a Therapeutic Treatment Order (TTO). The defendant’s parents also provided supporting testimony in court.
Decision: The Magistrate agreed to grant the TTO and fast-tracked the order, ensuring that the defendant was assessed for suitability before their 18th birthday.
Charges: Recklessly Causing Injury and Unlawful Assault (Involving a Weapon)
Facts: A 17-year-old defendant was charged with recklessly causing injury and unlawful assault after a confrontation with a young family. During an encounter, the defendant was ignored by the family, which led to verbal abuse. The father of the family responded by hitting the defendant with a backpack, prompting the defendant to retaliate by kicking him. Our legal team initially relied on the self-defence argument, but the defendant later pleaded guilty, having no prior convictions, and sought the most lenient penalty possible. We recommended participation in the ROPES program to avoid a criminal record.
Decision: While the Magistrate acknowledged the serious nature of the offence, they were persuaded by the defendant’s family support and agreed to offer the defendant an opportunity to complete the ROPES program, thus avoiding a criminal record.
These cases emphasise the importance of having skilled legal representation when defending minors in the Children’s Court. A well-prepared defence can prevent children from needing to testify and can significantly impact the outcome of the case.
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Ropes
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Non-Accountable Undertaking
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Accountable Undertaking
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Good Behaviour Bond
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Fines
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Probation
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Youth Supervision Order (YSO)
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Youth Attendance Order (YAO)
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Imprisonment
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Youth Detention
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Criminal Charges
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Parole
-
Child been Charged with a Crime
-
Category A Serious Youth Offence
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Category B Serious Youth Offence
Testimonials
What people Say
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I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read More5/5
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Thanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..👏👏👏🎖🎖🎖🎖🎖🎖Fi... Read More5/5
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Professional. Transparent. Experienced. Marcus Denning left no stone unturned, sealing a complete win at trial. Our experience at MK LAW was beyon... Read More5/5
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I recently used the services of Marie Lukic of MK law. She is very professional, dedicated and knowledgeable lawyer. Extremely grateful to have Ma... Read More5/5
What happens next?
If a minor faces similar circumstances, the next step is to promptly contact a lawyer at MK Law with expertise in youth criminal law. The lawyer will assess the case and develop a defence strategy tailored to the child’s personal circumstances, gathering evidence that could support a diversionary program or rehabilitation order.
They will represent the minor in court, advocating for the best possible outcome, such as a Therapeutic Treatment Order (TTO) or participation in a program like ROPES to avoid a criminal record.
The lawyer will also assist in ensuring compliance with any court-imposed conditions and provide ongoing support, ensuring the minor receives the necessary guidance and assistance throughout the legal process.
Do not delay, contact our experts at MK Law today on 1800 130 120.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au