Children’s Court of NSW

In New South Wales, the Children’s Court deals with people who are alleged to have committed a crime while under the age of 18, as long as they are also under the age of 21 at the time that they are charged with the offence. 

Unlike the adult criminal Courts, the Children’s Court is closed to the general public. The Magistrate can also make the decision to exclude those that are not directly involved with the case when hearing an individual matter.

Proceedings in the Children’s Court are conducted with less formality than the adult courts.

What Matters Can’t Be Dealt With in the Children’s Court?

There are two categories of offences where, even if you are a child, the matter cannot be dealt with in the Children’s Court. These are:

1. For any traffic offences, so long as the person was old enough to hold a licence. The only exception to this is if the offence arose out of the same circumstances as another offence which is able to be dealt with by the Children’s Court. 
2. Serious Children’s indictable offences. Whilst these matters will start in the Children’s Court, they will eventually be transferred to the District Court or Supreme Court of NSW for sentence or trial, and the child will be dealt with according to law. These offences include:
   1. Homicide;
   2. an offence punishable by imprisonment for life or for 25 years,
   3. Some aggravated sexual assaults, and assaults with intent to have sexual intercourse,  or any attempt to commit these offences.
   4. an offence under the Firearms Act 1996 (NSW) relating to the manufacture or sale of firearms that is punishable by imprisonment for 20 years and 
   5. an indictable offence that might be prescribed by the regulations. 

A Court may also determine (often on the invitation of the Prosecutor) that a matter should be dealt with in the District Court, but this is a decision for the Magistrate to make, and only on the basis that “that the charge may not properly be disposed of in a summary manner”.

In addition, there are some offences which are categorised as child sexual assault offences. For these offences, while a Prosecutor cannot ‘elect’ to have the matter dealt with in the District Court, they can formally apply for this to occur.

If multiple people are charged and are “co-offenders” and some are children and some are adults, the Children’s Court can in some circumstances deal with both the child and the adult together, but the adult is still treated in the same way that they would if they were dealt with in a Local Court, it’s just that the matters can be heard together by the same Magistrate. 

Principles of Criminal Matters in the Children’s Court

The Children (Criminal Proceedings) Act 1987(NSW) governs the criminal process in the Children’s Court. This Act sets out some principles that the Children’s Court must consider when dealing with young people who are charged with a crime. These principles include:

• children have a right to be heard and a right to participate in the processes that lead to decisions that affect them;
• children are responsible for their actions but require guidance and assistance because of their immaturity;
• it is desirable, wherever possible, to allow the education or employment of a child to continue;
• it is desirable, wherever possible, to allow a child to reside in his or her own home;
• penalties imposed on children should be no greater than those imposed on an adult who commits the same type of offence;
• it is desirable that children maintain family and community ties;
• it is desirable that children who commit offences accept responsibility and make amends for their actions; and
• appropriate consideration should be given to the impact of any crime on the victim.

Where are the Children’s Courts?

There are some specialist Children’s Courts throughout NSW where Specialist Children’ s Court Magistrates will either sit full time (in some metropolitan locations) or on a circuit, covering a particular area of NSW. 

There are permanent specialist children’s courts at:

• Broadmeadow Children’s Court
• Campbelltown Children’s Court
• Port Kembla Children’s Court
• Parramatta Children’s Court
• Surry Hills Children’s Court
• Woy Woy Children’s Court
• Wyong Children’s Court

The Local Court sits as a Children’s Court in regional areas without a specialist Children’s Court. It may also sit as a Children’s Court when the specialist Children’s Court does not sit on the particular day a child’s matter is listed (for example, where the matter is urgent, such as when a child has been arrested and refused bail by Police).

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.