NCJ Number
213693
Date Published
2003
Length
82 pages
Annotation
This guide for legal practitioners in the juvenile justice system in Queensland (Australia) reflects the provisions of the Juvenile Justice Amendment Act 2002.
Abstract
The first chapter is an introduction to Queensland's juvenile justice system. It addresses the principles of the Children’s Court Act 1992 and the Juvenile Justice Act 1992, as well as the principles of juvenile justice contained in the "Charter of Juvenile Justice Principles." The latter principles pertain to the vulnerability of children, the accountability of children, diversion, fair and participatory proceedings, sentencing, detention as a last resort, and the impact of the offending behavior on the victim. Other topics covered in the introductory chapter are the definition of a "child," confidentiality, dealing with children (a separate section on dealing with Indigenous children), and criminal responsibility. Chapter 2 focuses on "commencing proceedings." Topics addressed are police questioning, identification when a child is not arrested, the admissibility of statements or identification items, diversion, starting a proceeding, bail, and remand in custody. Chapter 3 deals with procedures after proceedings have begun. Issues discussed are the right of selecting a court for processing, provision of the Mental Health Act 2000, and presentence reports. The fourth chapter addresses sentencing procedures and options, followed by a chapter on the variation and contravention of orders, with a separate section on variation of community-based orders. Chapter 6 outlines various court powers, including the delegation of sentencing power, referring a case to a children’s court judge for sentencing, the correction of errors, orders against parents, transfers from a detention center to prison, and appeals and sentence reviews. Chapter 7 describes the role of the Department of Families at court and in administering orders and programs. The concluding chapter provides miscellaneous information on topics such as legal aid for children, research, and complaints. Lists of agencies that provide services within the Queensland juvenile justice system