Criminal Charges - Children’s Court Victoria
- Over 30 years experience in the criminal justice system
- Track record of success
- Nationally acclaimed expertise
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Representation is Crucial for Your Child
If your child has been charged with a criminal offence or is about to be interviewed regarding one, securing experienced legal representation is essential. The criminal justice system, including police, the Children’s Court, and judges, can be daunting, especially for young defendants.
The Children’s Court treats criminal offences seriously and can impose significant penalties, even on first-time or young offenders.
Why Legal Support Matters
Navigating the legal process involves:
- Complex legislation and regulations.
- Addressing large volumes of evidence, such as witness statements.
- Identifying aggravating and mitigating factors that affect outcomes.
Prompt legal advice ensures your child’s rights are protected and the best possible outcome is achieved.
How MK Law Can Help
At MK Law, we specialise in Children’s Court cases with a proven track record of success. Our team operates across four offices in Melbourne, New South Wales, South Australia, and Western Australia. Here’s what we offer:
- Tailored Advice and Guidance:
- We explain potential penalties and the court process.
- We advise on the best course of action, whether pleading guilty or contesting charges.
2. Consistency in Representation:
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- Our in-house counsel handles cases from start to finish, ensuring continuity.
3. Effective Defence Strategies:
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- Independent investigations and evidence analysis.
- Challenging prosecution evidence.
- Presenting mitigating factors, including psychological reports and character references.
4. Advocacy for Fair Outcomes:
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- We aim for lenient penalties such as rehabilitation programs, charge dismissals, or cost orders.
Purpose of the Children’s Court
The Children’s Court prioritises rehabilitation over punishment, acknowledging that children are still developing mentally and socially. Unlike adult courts, it tailor’s interventions to each child’s unique needs, ensuring:
- Collaborative decision-making involving magistrates, lawyers, psychologists, and youth justice workers.
- Connections to support services for educational, mental, and social health.
- A less intimidating atmosphere with informal practices.
Legislation protects the anonymity of child defendants, prohibiting the publication of identifying information.
Jurisdiction and Sentencing
- Eligibility: Children aged 10 to 17 at the time of the offence. The court retains jurisdiction if the child is charged before turning 19.
- Divisions: Criminal and family law.
- Exclusions: Serious offences like murder and manslaughter are heard in higher courts (County or Supreme Courts).
Sentencing Options
The Children’s Court offers flexible sentencing under Section 360 of the Children, Youth and Families Act (CYFA):
- Diversion programs (no criminal record).
- Probation orders (with/without conviction).
- Good behaviour bonds (without conviction).
- Rehabilitation or therapy sessions.
- Youth justice group conferencing.
- Community-based sentences such as supervision orders.
- Detention in youth residential or justice centres (with conviction).
- Educational or counselling programs.
- Financial fines (with/without conviction).
What is Diversion?
A diversion is a sentencing option designed to:
- Divert children from the criminal justice system.
- Protect them from acquiring a criminal record.
Process:
- Police or prosecution files a notice of diversion.
- A judge evaluates whether diversion is appropriate.
Outcome:
- Successful completion results in discharge of charges.
- Failure may lead to the case returning to court.
Sentencing Principles
Sentencing guidelines under Section 363 of the CYFA emphasise minimising harm to the child’s future. Key considerations include:
- Strengthening family relationships.
- Supporting uninterrupted education or employment.
- Tailoring sentences to the child’s needs and the offence.
- Acknowledging the child’s legal responsibility while mitigating stigma.
Testimonials
What people Say
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I had a great experience with Daniel Moon from MK Law. From our very first consultation, it was evident that Daniel approached his role with profe... Read More5/5
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I want to sincerely thank my lawyer, Daniel, for the exceptional support he provided throughout my matter. He was professional, understanding, and... Read More5/5
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I immediately knew that Daniel understood the details of my case and that his intelligence and diligence would give me the best chance of overcomi... Read More5/5
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We were incredibly pleased with the work Daniel Moon did both prior to and on the day of court. Nothing was ever too much, questions always answer... Read More5/5
What happens next?
At MK Law, we prioritise your child’s best interests, crafting tailored defence strategies and fostering a supportive environment. Our team is committed to achieving the best outcomes while safeguarding your child’s future.
Contact us at 1800 130 120 or visit marcus@mklawfirm.com.au for expert legal advice and representation.
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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