The Role and Function of The Childrens Court of Western Australia

The Children’s Court of Western Australia is a specialised court that deals with legal matters involving children and young people under the age of 18. Its role, functions, and powers are distinct from those of adult courts, reflecting the unique needs and circumstances of young people. Below is a detailed explanation of the court’s jurisdiction, processes, and purpose.

Role of the Children’s Court

The primary role of the Children’s Court is to:

1. Hear and determine criminal charges against children who were under 18 years of age at the time the alleged offence was committed.
2. Handle protection and care applications for children in need of care or protection.
3. Deal with restraining order applications involving children.

The court operates with a focus on rehabilitation, fairness, and the best interests of the child, while also ensuring community safety and accountability for offences.

Jurisdiction of the Children’s Court

The Children’s Court has exclusive jurisdiction to hear and determine:

• All criminal charges against children aged between 10 and 18 years.
• Indictable offences (serious offences) and simple offences (less serious offences) committed by children.
• Protection and care matters under child welfare laws.
• Restraining orders involving children.

Children under the age of 10 cannot be charged with a criminal offence,, as they are considered incapable of committing a crime.

Functions of the Children’s Court

The court performs several key functions, including:

• Criminal Proceedings:
  • The court deals with young offenders in accordance with the Young Offenders Act 1994 (WA).
  • For children under 14 years of age, the prosecution must prove that the child had the capacity to commit a criminal offence. This involves demonstrating that the child understood their actions were seriously wrong, not just naughty or mischievous.
  • The court follows procedures similar to those in the Magistrates Court but adapts them to suit the age and maturity of the child.
• Sentencing:
  • Sentencing in the Children’s Court is designed to balance accountability with rehabilitation. Sentences may include:
    • Good behaviour bonds
    • Fines
    • Community-based orders
    • Custodial sentences (detention) as a last resort
  •  The court considers factors such as the child’s age, maturity, cultural background, and family circumstances when determining an appropriate sentence.
•  Alternative Programs:
  • For certain offences, children may be referred to programs such as:
    • Juvenile Justice Team (JJT): A restorative justice program where the child meets with police, Youth Justice Services officers, and other stakeholders to agree on a punishment and action plan.
    • Court Conferencing: A similar program aimed at addressing the underlying causes of offending behaviour.
• Protection and Care Matters:
  • The court hears applications regarding children who are at risk of harm or neglect and makes orders to ensure their safety and wellbeing.
• Restraining Orders:
  • The court deals with applications for restraining orders involving children, ensuring their protection from harm.

Powers of the Children’s Court

The Children’s Court has specific powers to:

• Conduct hearings and trials:
  • Magistrates preside over trials for simple offences and less serious indictable offences.
  • The President of the Children’s Court (a District Court Judge) presides over trials for more serious indictable offences.
• Make sentencing orders:
  • The court can impose a range of penalties, including detention, community-based orders, and conditional release orders. Detention is used only as a last resort and for the shortest time necessary.
• Consider bail applications:
  • At the first hearing, the court determines bail conditions, such as prohibiting contact with witnesses.
• Refer cases to alternative programs:
  • The court can refer young offenders to restorative justice programs like JJT or Court Conferencing.
• Order specialised reports:
  • The court may request reports from Youth Justice Services or other professionals to assist in sentencing or decision-making.
• Ensure procedural fairness:
  • The court ensures that young people are treated fairly and that their rights are protected throughout the legal process.

Focus on Rehabilitation

The Children’s Court places significant emphasis on rehabilitation. Sentences and programs are designed to:

• Help young offenders develop a sense of responsibility.
• Encourage positive behaviour and social integration.
• Strengthen family and community ties.
• Address underlying issues contributing to offending behaviour.

Conclusion

The Children’s Court of Western Australia plays a vital role in addressing legal matters involving children and young people. Its processes, powers, and focus on rehabilitation reflect a commitment to ensuring that young offenders are treated fairly while being held accountable for their actions. By prioritising rehabilitation and community safety, the court aims to help young people make positive changes and contribute constructively to society.