Children's Court Lawyers
- 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
Representation is Crucial if Your Child Faces Criminal Charges or Interviews
If your child has been charged with a criminal offense or is about to be interviewed regarding one, it is essential to secure a law firm with a strong track record in criminal law and sentencing principles.
Navigating the criminal justice system—comprising police, the Children’s Court, and judges—can be daunting and unfamiliar, especially for young children. The Children’s Court treats criminal offenses seriously and can impose severe penalties, even on first-time or young offenders. The associated legislation and regulations are complex, with numerous briefs of evidence that need to be addressed. Additionally, safeguarding evidence such as witness statements is crucial before it is compromised. Given the many aggravating and mitigating factors involved, seeking prompt legal advice is vital to helping your child achieve the best possible outcome.
At MK Law, our expert team of Children’s Court lawyers is spread across four offices (Melbourne, New South Wales, South Australia, and Western Australia) and has represented thousands of clients at contested hearings and trials. We take allegations seriously. During our confidential consultations, we carefully consider our clients’ unique circumstances and perspectives, guide them through each stage of the Children’s Court process, and explain potential penalties. We provide advice on the best course of action, whether that involves pleading guilty to negotiate a lesser charge or contesting the charges to mitigate severe penalties.
Our daily presence in the Children’s Court equips us with the knowledge of effective strategies. With in-house counsel who oversee cases from start to finish, you can expect consistency in representation. We meticulously prepare robust defense and plea strategies, including conducting independent investigations, obtaining crucial disclosure material, and ensuring you are not improperly charged. We challenge the prosecution’s evidence, clarify the context of your child’s actions, and present supporting evidence through witness statements, character references, and expert reports. Our commitment is to advocate for your child’s best interests, aiming for the most equitable and lenient penalties, which may include rehabilitation programs, charge dismissals, or cost orders against the prosecution.
Our lawyers regularly engage in professional development to stay current with the latest legal developments.
For free legal advice at any time, please contact our experienced team of criminal defence lawyers at 1800 130 120 or visit marcus.mklawfirm.com.au.
Purpose of the Children’s Court:
The Children’s Court operates with a distinct focus compared to adult courts, emphasising rehabilitation over punishment. It acknowledges that children are still developing socially and mentally. Similar to adult courts, early guilty pleas can lead to reduced penalties. The Court tailors interventions to meet the specific needs of each child.
It also adopts a collaborative approach, involving various professionals (such as magistrates, lawyers, psychologists, and youth justice workers) in assessing a child’s circumstances to facilitate informed decision-making. This multidisciplinary approach connects children and their families with support services addressing their educational, mental, physical, social, and cultural health, both during and after court proceedings. The Court strives to create a less intimidating atmosphere by adopting informal practices, such as allowing parties representing children to sit while addressing the judge and calling child defendants by their first names. Legislation protects the anonymity of defendants and related parties, preventing media from publishing identifying information.
Our lawyers are experienced in assessing the relevant details of your child’s case and determining whether diversion programs are suitable.
When Will a Matter Proceed to the Children’s Court?
Established in 1906, the Children’s Court is a specialised court designed to handle cases involving offenders aged 18 years or younger. This dedicated court ensures decisions are fair and developmentally appropriate. A child must be charged before turning 19 for the case to fall under the jurisdiction of the Children’s Court; otherwise, the matter will be heard in the Magistrates, County, or Supreme Courts of Victoria.
The Children’s Court operates under distinct sentencing principles that differ from those applied in adult criminal cases.
The court is located in Melbourne, with additional suburban and rural branches throughout Victoria, and consists of two divisions: criminal and family law. The criminal division addresses offenses committed by children aged 10 to 17, and it also oversees committal proceedings for serious offenses that will proceed to a higher court (County or Supreme Courts of Victoria). However, the following offenses are excluded:
- Murder
- Manslaughter
- Attempted murder
- Child homicide
- Culpable driving causing death
- Causing death
- Defensive homicide
Sentencing Options
If your child is found guilty of a criminal offense in the Children’s Court, the emphasis will be on integrating community support services. Various sentencing options—often unavailable to adult offenders—allow for flexibility tailored to a child’s unique needs.
Under Section 360 of the Children, Youth and Families Act (CYFA), the following penalties may be imposed:
- Imprisonment (as a last resort, given evidence indicates it does not prevent re-offending)
- Participation in specialised programs (like Ropes)
- No criminal record
- Counselling sessions
- Probation orders (with/without conviction)
- Good behaviour bonds (without conviction)
- Youth justice group conferencing
- Detention in a youth residential/justice centre (with conviction)
- Youth supervision orders (with/without conviction)
- Youth attendance orders (with/without conviction)
- Educational programs
- Financial fines (with/without conviction)
- Rehabilitation/therapy sessions
- Diversion from the formal court system, especially for first-time offenders or those with mental illness
- Dismissal of charges (without conviction) or giving an accountable undertaking (without conviction)
What is Diversion?
A diversion is a sentencing option that allows a child defendant to participate in a program designed to divert them from the criminal justice system and protect them from having a criminal record. The process begins with the police or prosecution filing a notice of diversion with the court, where the judge evaluates whether participation is appropriate.
If the judge decides against allowing diversion, our team can present arguments supporting the defendant’s case for inclusion. Should the judge maintain their initial ruling, the child is not required to plead guilty to the offense, and the matter will proceed to open court.
Successfully completing the diversion program results in the discharge of charges, while failure to do so will lead the charges back to court. When a judge does not record a conviction, the offense may still appear on the child’s record, which may not be expunged for a specified period.
Sentencing Guidelines in the Children’s Court
Sentencing guidelines under Section 363 of the CYFA aim to protect children and minimise negative impacts on their lives and families, such as relationships, future employment, and travel opportunities.
When determining suitable sentencing options, the court must consider multiple principles and factors, with the child’s best interests always at the forefront. These factors include:
- Strengthening family relationships
- Benefits of remaining in the family home
- Support for uninterrupted education or employment
- Minimising stigma for the child
- Suitability of the sentence for both the child and the offense
- Acknowledging the child’s legal responsibility for their actions
- The nature and severity of the offense
- Timeliness of any guilty plea
- Context surrounding the offense
- Planning involved in committing the crime
- Duration of the offense
- Impact of drugs or alcohol
- Victim considerations
- Reports presented to the court
Note: The Children’s Court cannot impose harsher sentences than those that would have been assigned had the child not been under the family division or subject to a therapeutic order.
When a child agrees to an outcome plan or participates in a group conference, the court must impose a lighter sentence than would have been applied without such agreements.
A conviction can carry long-term repercussions for the child, their family, and their friends. A child may experience stigma from a criminal record, which can hinder future employment prospects, travel plans, and loan approvals.
Children with a criminal history or those involved in premeditated offenses will face the most severe penalties.
Legislation Overview
Children under 10 years of age are deemed incapable of criminal intent and, therefore, cannot be held guilty of an offense (Section 344 CYFA).
Recent Children’s Court Case Example
Charge: Burglary
Facts: A 13-year-old was charged with burglary. We represented them by negotiating with the prosecution, highlighting that the child had since engaged with a counsellor and received strong support. We advocated for a diversion order as the most suitable response. The child completed an assessment to discuss their circumstances, goals, and attitudes, alongside preparing an apology letter.
Decision: The court withdrew the charge and issued a diversion order.
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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
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:
Engaging with MK Law means partnering with a dedicated team of legal professionals who prioritise your child’s best interests in navigating the complexities of the Children’s Court system. Our experienced lawyers understand the unique challenges faced by young defendants and are committed to providing personalised support throughout the legal process. From initial consultations to representation in court, we ensure that every aspect of your case is handled with care and expertise. Our collaborative approach allows us to craft effective defence strategies tailored to your child’s specific circumstances, fostering a supportive environment that empowers them to move forward positively. At MK Law, we strive to achieve the best possible outcomes while safeguarding your child’s future.
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Contact Us
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Top 5 firms by reputation dealing with traffic and criminal law matters.
- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au