NCJ Number
126392
Journal
Crime and Justice Bulletin Issue: 9 Dated: (August 1990) Pages: 1-5
Date Published
1990
Length
5 pages
Annotation
The Children's Court of New South Wales, Australia, was given two functions under the Children's Court Act 1987: to hear criminal matters involving child defendants and to adjudicate on child welfare matters. The Court operates under five basic principles, namely, that children have rights before the law equal to adults, that children bear responsibility for their crimes but also require assistance and guidance, that the education or employment of children should continue where possible, that children should reside at home whenever possible, and that penalties imposed on children should not exceed those imposed on adults for similar offenses.
Abstract
In cases involving child perpetrators, police have the options of warning, cautioning, or prosecuting. Since the revision of police cautioning guidelines in 1985, there has been a marked increase in the percentage of child offenders dealt with in this manner. In cases of theft, breaking and entering, property damage, and drug offenses, the initial trend has been for an increase in cautioning accompanied by a decrease in court appearance. The opposite trend has been noted in incidents involving personal assault. Options related to pre-trial status include detention or bail; there are also a number of sentencing options open to magistrates ranging from dismissal to committal to the control of the Minister of Corrective Services; only children 16 years or older can be sentenced to prison. Other issues related to Children's Court include destruction of records resulting from acquittal or dismissal, appeals, and compensation. 4 figures and 17 notes