Fines and Children’s Court
- Over 30 years experience in the criminal justice system
- Track record of success
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What Is the Importance of Representation in the Children’s Court?
If your child has been charged with a criminal offense, it is crucial to engage a law firm experienced in handling criminal offenses and knowledgeable about sentencing principles.
The Children’s Court can be an intimidating environment, especially for children, and it deals with criminal offenses committed by youth seriously, often imposing strict penalties.
Why Seek Immediate Legal Advice?
The Children’s Court process is complex, with a significant amount of evidence to consider. Engaging legal advice promptly is critical to ensure that your child’s case is prepared with attention to all relevant details. MK Law’s Children’s Court lawyers have extensive experience representing children in this specialised jurisdiction, offering guidance on navigating the process and presenting strong plea and defence strategies.
MK Law’s Approach:
MK Law’s team includes expert Children’s Court lawyers who:
- Conduct thorough, confidential consultations to understand the details of each case.
- Offer advice on possible penalties and help clients determine appropriate responses, such as pleading guilty or not guilty.
- Appear in the Children’s Court daily, ensuring familiarity with effective strategies for plea and defence.
Preparation and Strategy:
MK Law prepares defence strategies for children, including:
- Investigating and gathering evidence.
- Cross-examining witnesses and challenging the prosecution’s case.
- Presenting evidence, including character references, witness statements, and expert reports to support the defence.
Purpose of the Children’s Court:
The Children’s Court is focused on rehabilitation rather than punishment. It provides a safer, more supportive environment than adult courts and offers tailored interventions to meet the specific needs of each child. The Court promotes a collaborative approach, engaging professionals like youth justice workers and psychologists to support children and families throughout the process.
When Does a Matter Proceed to the Children’s Court?
The Children’s Court has jurisdiction over offenses committed by individuals aged 10-17. Children charged before their 19th birthday may have their cases heard in the Children’s Court, provided the offense fits within the court’s criminal division. More serious crimes (such as murder or manslaughter) are referred to higher courts like the County or Supreme Courts.
Sentencing Options in the Children’s Court:
The Children’s Court provides alternative sentencing options designed to be flexible and supportive. Possible sentences under section 360 of the Children, Youth, and Families Act 2005 (CYFA) include:
- Youth Residential Centre or Youth Justice Centre Orders: These orders involve detention and are a last resort.
- Rehabilitation Programs and Diversions: Options like the “Ropes” program provide therapy or education-based interventions, with no criminal record if successfully completed.
- Good Behaviour Bonds, Probation Orders, and Supervision Orders: These alternatives focus on community support and tailored supervision without necessarily leading to a conviction.
- Financial Fines: While rare due to children’s limited financial means, the Court can impose fines under certain circumstances.
Sentencing Guidelines and Considerations:
The Children’s Court sentencing guidelines under section 363 of the CYFA aim to support and rehabilitate rather than punish. Factors considered by the Court include:
- The child’s personal circumstances, family relationships, and education.
- The offense’s nature, gravity, and impact on victims.
- Evidence of early guilty pleas, involvement of drugs or alcohol, and the child’s criminal history.
Important Considerations:
The Court seeks to impose sentences that consider:
- Preserving family relationships and minimising disruptions to education or employment.
- Ensuring the child understands their legal responsibilities.
- Avoiding stigma that could impact future employment, relationships, and travel opportunities.
Legislative Framework and Age Requirements:
Under section 344 of the CYFA, children under 10 cannot be found guilty of criminal offenses. The legislation reflects the understanding that young children lack the intent necessary to commit a criminal act.
Recent Children’s Court Cases
MK Law has experience handling complex cases in the Children’s Court, often involving urgent matters and sensitive charges. Through a strong defence strategy, the firm has helped achieve positive outcomes tailored to each child’s unique circumstances.
Testimonials
What people Say
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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 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
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I want to sincerely thank my lawyer Mr Daniel Moon for representing me so well in court. He made me feel comfortable, as it was my first experienc... Read More5/5
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Michael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about gett... Read More5/5
What happens next:
If your child is facing criminal charges in the Children’s Court, seeking legal representation promptly can make a critical difference in achieving a fair and supportive outcome.
At MK Law, our skilled Children’s Court lawyers understand the complexities of youth justice and work diligently to advocate for your child’s best interests. From guiding you through each step of the court process to building a tailored defence strategy, we are here to support you and your child.
Contact MK Law for expert legal assistance at any time, 24/7, on 1800 130 120, or reach out via email at marcus@mklawfirm.com.au
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au