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What Sentences are available within the Child’s Court?
Ropes:
The Ropes program is a diversion option for young offenders, similar to diversion programs for adults. It allows eligible children to avoid formal criminal records by participating in the program rather than going through a traditional court process.
Eligibility for Ropes depends on the charging police officer’s (or their superior’s) assessment of the child’s suitability. Factors considered include the seriousness of the offence, whether the child admitted to the crime and showed remorse, and whether they have any prior criminal history.
If the officer recommends the young person for Ropes, the court must also assess the child’s suitability for the program. Ropes involves a course, and the child must remain of good behaviour during the program.
Ropes is typically a one-time opportunity. Once the child successfully completes the program, the matter is discharged and will not appear on their criminal record. This program focuses on rehabilitation and preventing re-offending.
Non-Accountable Undertaking:
A non-accountable undertaking is a legal mechanism available under the Children, Youth and Families Act 2005 (“CYFA”) that allows a court to impose conditions on a child found guilty of an offence without recording a conviction. When a child is sentenced to a non-accountable undertaking, they and, if necessary, their parent, must agree to undertake certain actions or refrain from specific behaviours for a designated period, typically up to six months, but potentially extending to twelve months in exceptional cases.
The key aspect of a non-accountable undertaking is that it does not carry any enforceable obligations. The court lacks the authority to enforce compliance with the undertaking or to take further action against the child or parent if they fail to meet the conditions set forth. This provides a less punitive alternative, focusing on rehabilitation rather than punishment, and enables the child to avoid a permanent criminal record while still holding them accountable for their actions. The undertaking can apply to one or multiple offences, allowing flexibility in addressing the child’s behaviour.
Accountable Undertaking:
An Accountable Undertaking is a legal measure available under the CYFA, which provides the court with the authority to take action if a child or their parent breaches the terms of the undertaking. Like a Non-Accountable Undertaking, it allows the court to dismiss charges without a conviction, but with the added stipulation that the court can hold the child or parent accountable for any violations.
Key points about Accountable Undertakings include:
- Court’s Authority: If a breach occurs, the court can require the child or parent to appear before the same magistrate who issued the original undertaking.
- Consequences of Breach: The court has several options upon finding a breach:
- Cancel the Undertaking: The undertaking can be nullified.
- Vary or Continue the Undertaking: The terms may be adjusted, or the undertaking may continue as it is, though the duration cannot be extended.
- Revoke the Undertaking: The court can revoke the undertaking altogether and impose a fine of up to one penalty unit on the child or parent.
Overall, an Accountable Undertaking is designed to encourage compliance with court directives while maintaining the potential for accountability in case of non-compliance.
Good Behaviour Bond:
A Good Behaviour Bond is a legal agreement in the Children’s Court that allows a child to be released on the condition that they promise to maintain good behaviour for a specified period. As part of this bond, a monetary amount is established, which must be less than half the maximum penalty for the offense. Importantly, this amount is not required to be paid unless the child commits another offense during the bond’s duration.
The court can also impose special conditions as part of the bond. For instance, the child may be required to live at home or engage with specific youth services, which helps ensure that they receive appropriate support during this period.
According to Section 367 of the CYFA, the court has the discretion to adjourn proceedings without a conviction, considering factors such as the nature of the offense, the child’s character, and whether they pleaded guilty. If the court decides to adjourn, it must specify a period, which can be up to 12 months, or 18 months in exceptional circumstances for children aged 15 or older.
Before the adjournment is granted, the child must enter a bond that meets specific conditions, including appearing in court as required, maintaining good behaviour, and complying with any additional conditions imposed by the court. This approach allows for rehabilitation rather than punishment, giving the child an opportunity to avoid a criminal record while holding them accountable for their actions.
Fines:
Fines in the Children’s Court are relatively rare due to the need for the court to consider the financial circumstances of the child. Under section 373 of the CYFA, if a child is found guilty of an offence, the court can impose a fine, but it is limited to specific amounts based on the child’s age and the nature of the offence. For example, if the child is under 15 years old, the maximum fine is one penalty unit; for older children, it can be up to five penalty units, or the maximum fine applicable to an adult for the same offence, whichever is lower.
Moreover, if multiple offences are involved, the cumulative fine cannot exceed two penalty units for children under 15 or ten penalty units for older children. This structure reflects the court’s intent to promote rehabilitation rather than punishment. When a fine is imposed, the court has the discretion to allow the child time to pay or to set up a payment plan in instalments, further accommodating the financial capabilities of the child and their family. Ultimately, the goal is to hold the child accountable while considering their unique circumstances, encouraging compliance without undue hardship.
Probation:
Probation is a rehabilitative option available to the court when a child is found guilty of one or more offences under the CYFA. When placed on a probation order, the child is assigned a Youth Justice Officer who acts as their case manager throughout the duration of the order. This officer plays a critical role in coordinating various support services tailored to the child’s needs, including drug and alcohol counselling, housing assistance, general counselling, and anger management programs.
Additionally, probation includes educational and developmental support, helping the child pursue secondary school, TAFE courses, apprenticeships, or paid employment opportunities, as well as assisting with obtaining a driver’s license. The court can impose probation for a specified term, generally not exceeding 12 months, or 18 months if the offence is particularly serious. Importantly, the order cannot extend beyond the child’s 21st birthday and requires the child’s consent.
During the probation period, the court may impose specific conditions to aid the child’s rehabilitation and reintegration into society. These conditions can include requirements such as maintaining a residence at a specified address, abstaining from alcohol or illicit drugs, attending school, adhering to a curfew, or undergoing necessary counselling or treatment. The court may also decide to defer sentencing and request a pre-sentence report from Youth Justice, allowing for a more informed final determination based on the child’s circumstances and needs. Ultimately, probation serves to promote accountability and personal growth while minimising the potential for future offences.
Youth Supervision Order:
A Youth Supervision Order (YSO) is a rehabilitative measure imposed by the court for young individuals found guilty of serious offences or those who have had prior encounters with the law. Similar to a Probation order, a YSO entails a higher level of supervision and support for the young person. Under this order, the child is required to adhere to specific conditions set by the court, including completing unpaid community work if directed by Youth Justice.
The YSO is tailored for children who have committed more serious offences or who have a history of previous offending, making it a crucial tool for addressing and mitigating recidivism. The court may issue a YSO for a specified period, generally not exceeding 12 months. However, if one of the offences is punishable by imprisonment for more than 10 years, the order may extend up to 18 months, but it cannot extend beyond the child’s 21st birthday.
Overall, the Youth Supervision Order aims to provide the young person with the necessary guidance and resources to foster positive behavioural changes while holding them accountable for their actions. This order emphasises rehabilitation over punishment, focusing on supporting the youth’s reintegration into society.
Youth Attendance Order:
A Youth Attendance Order (YAO) represents the most rigorous community-based sanction available for children in the justice system, specifically designed for serious offenders or those with a significant criminal history. It serves as a direct alternative to detention in a youth justice centre, making it suitable for cases where incarceration would typically be considered due to the severity or habitual nature of the child’s unlawful behaviour.
Under the YAO, the court provides highly structured support, requiring the child to engage in up to 10 hours of community-based activities per week, in addition to potentially completing up to 4 hours of unpaid community work weekly. This arrangement emphasises rehabilitation and community engagement rather than punishment.
The court can only issue a YAO if the child is aged 15 or older at the time of sentencing and if the offence is one that could lead to imprisonment. Additionally, before a YAO can be ordered, the court must obtain a pre-sentence report to assess the child’s suitability for this type of order. Furthermore, the child must consent to the order, and the court must be satisfied, based on inquiries with the Secretary, that the child is an appropriate candidate for a YAO.
In summary, while both the Youth Supervision Order (YSO) and the Youth Attendance Order (YAO) are community-based options aimed at rehabilitation, the YAO is more intensive and structured, targeting more serious offences and providing greater support to prevent recidivism.
Imprisonment:
Imprisonment in the context of the Children’s Court is a serious measure that the court resorts to only when other sentencing options, such as probation, Youth Supervision Orders (YSOs), or Youth Attendance Orders (YAOs), have proven inadequate or inappropriate. The decision to impose a custodial order may arise from several circumstances, including a child’s history of prior offending despite previous interventions, a breach of existing probation or community-based orders, or the severity of the offence committed, which may warrant a more stringent response.
There are two types of custodial orders available, depending on the child’s age:
- Youth Residential Centre Order: This applies to children aged 10 to 14 years. The maximum term that can be imposed by the Children’s Court is 2 years, while the County or Supreme Court can impose a maximum of 3 years.
- Youth Justice Centre Order: This order is for young people aged 15 to 20 years. Similar to the Youth Residential Centre Order, the maximum duration that can be ordered by the County or Supreme Court is 3 years.
According to the CYFA, before imposing either type of order, the court must establish that the offence is serious enough to warrant such a measure and that no alternative sentencing options are suitable. Additionally, the court is required to consider a pre-sentence report, which assesses the circumstances of the child and the nature of the offence.
If the court decides to impose imprisonment, it must also provide written reasons for its decision, ensuring transparency and accountability in the judicial process. The written reasons are then entered into the court register, documenting the rationale behind the custodial decision. Overall, imprisonment is seen as a last resort, reflecting the court’s commitment to prioritising rehabilitation over punishment wherever possible.
Prisons System for Young People:
In Victoria, when young people are sentenced to immediate imprisonment, they are placed in specialised custodial facilities designed to cater to their needs while focusing on rehabilitation rather than punishment. There are two main custodial centres for children and young people:
- Malmsbury Youth Justice Precinct
- Location: Rural Victoria
- Age Group: Designed for young men aged 18 to 21 years.
- Security Levels: The facility consists of both low and high-security units, accommodating different levels of risk and needs.
- Parkville Youth Justice Precinct
- Location: Parkville, a suburb of Melbourne.
- Demographics: The precinct is divided into two main areas:
- Males aged 10 to 18 years: This area accommodates both remanded and sentenced young males.
- Females aged 10 to 17 years: Similar to the male section, this area houses young females who have been remanded or sentenced.
- Women aged 18 to 21 years: This section is for young women sentenced to a Youth Justice Centre Order by an adult court in Victoria.
Programs and Education
While detained in these facilities, young people are required to participate in educational programs and other interventions aimed at reducing their risk of reoffending. This emphasis on education and rehabilitation is crucial, as it helps equip young people with the skills and knowledge necessary to reintegrate into society successfully upon their release.
Overall, the design of these custodial centres reflects a commitment to addressing the developmental and rehabilitative needs of young offenders, ensuring that they have access to the support necessary to make positive changes in their lives.
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At MK Law, we prioritise the best interests of you and your child in every legal matter we handle. Our dedicated team advocates for rehabilitation-focused outcomes rather than a traditional criminal record, recognising the profound impact that criminal charges can have on a young person’s future. We believe that with the right support and guidance, individuals can learn from their experiences and reintegrate into society as responsible citizens.
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Don’t hesitate to reach out to MK Law today for personalised legal support. Contact us at 1800 130 120 to discuss your case with one of our experienced professionals.
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