Parole for children
- Over 30 years experience in the criminal justice system
- Track record of success
- Nationally acclaimed expertise
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Why Your Child Needs Representation
If your child has been charged with a criminal offence in the Children’s Court, it is crucial to seek experienced legal representation. The criminal justice system, including police, the Children’s Court, magistrates, and judges, can be intimidating, especially for young defendants. The Children’s Court takes such offences seriously and may impose harsh penalties, including detention, even for first-time offenders.
Navigating complex legislation, addressing briefs of evidence, and preserving crucial materials like witness statements require expert knowledge. Seeking legal advice promptly ensures the best possible outcome for your child.
Why Choose MK Law?
At MK Law, we:
- Provide Comprehensive Guidance: Explain the process, penalties, and best options for your child, whether to plead guilty to minimise penalties or contest charges entirely.
- Offer Consistent Representation: Our in-house counsel manages cases from start to finish, ensuring continuity.
- Develop Robust Defence Strategies: Conduct investigations, analyse evidence, and present mitigating factors like psychological reports and character references.
- Advocate for Lenient Outcomes: Aim for rehabilitation programs, charge dismissals, or other non-custodial penalties tailored to your child’s needs.
Purpose of the Children’s Court
The Children’s Court focuses on rehabilitation rather than punishment, providing a supportive environment to address the unique needs of young offenders. The Court:
- Recognises children’s ongoing mental and social development.
- Utilises a multidisciplinary approach involving magistrates, psychologists, and youth workers.
- Connects families with support services for education, health, and social needs.
- Adopts informal practices to create a less intimidating atmosphere.
- Protects children’s anonymity by restricting media coverage.
When Does a Case Go to the Children’s Court?
The Children’s Court handles offences committed by children aged 10 to 17, provided they are charged before turning 19. Cases involving:
- Serious Offences (e.g., murder, manslaughter, culpable driving causing death) are excluded and handled by higher courts.
- Criminal Division: Manages offences, committal proceedings, and cases requiring trial in higher courts.
Sentencing Options
The Children’s Court offers flexible sentencing tailored to a child’s unique circumstances under Section 360 of the Children, Youth and Families Act (CYFA):
- Detention Orders: Youth Residential (under 15) or Youth Justice Centre (15-21), used as a last resort.
- Non-Custodial Options:
- Rehabilitation programs like Ropes.
- Counselling and therapy.
- Probation or good behaviour bonds (with/without conviction).
- Youth justice group conferencing.
- Education and employment support.
- Financial fines (rarely imposed).
- Diversion Programs: Allows first-time offenders or those with mitigating circumstances to avoid a criminal record.
What is Parole?
Parole allows children sentenced to detention to serve part of their sentence in the community under supervision. Key aspects include:
- Eligibility: A child must be sentenced to more than 3 months to qualify.
- Application Process: Involves assessments by Corrections Victoria and input from stakeholders like police and victims.
- Conditions: Supervision by a youth parole officer, curfews, drug testing, and participation in rehabilitation programs.
- Compliance: Non-compliance can lead to re-detention, with no time spent on parole counting towards the original sentence unless approved.
Sentencing Guidelines
Sentencing under Section 363 of the CYFA prioritises the child’s best interests, considering:
- Strengthening family relationships.
- Supporting education and employment continuity.
- Reducing stigma and long-term consequences.
- Tailoring sentences to the child’s needs and offence severity.
Recent Case Examples
- Case 1: Stalking
- A 14-year-old charged with a sexual offence received a Therapeutic Treatment Order (TTO), avoiding a criminal record after evidence of family support and rehabilitation needs was presented.
- Case 2: Reckless Injury
- A 17-year-old involved in a brawl avoided a criminal record by participating in the Ropes program, balancing rehabilitation with accountability.
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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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
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I had an outstanding experience with Daniel Moon from MK Law. He took the time to truly understand my situation and represented me with profession... Read More5/5
What happens next?
For expert legal representation, contact MK Law at 1800 130 120 or visit marcus@mklawfirm.com.au. We specialise in navigating the complexities of the Children’s Court, ensuring your child’s rights are protected and their future safeguarded.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au