Children's Court Process in Victoria: A Complete Guide
If your child has been charged with a criminal offence in Victoria, understanding the Children's Court process can help reduce uncertainty and prepare your child and family for what lies ahead.
The Children's Court of Victoria is a specialist court dealing with criminal matters involving children and young people. The Court's Criminal Division generally deals with young people who were aged 12 to 17 when the alleged offence occurred. Some serious offences may instead proceed to a higher court following committal proceedings.
The process can involve police investigations, police interviews, bail, diversion, court mentions, disclosure, guilty pleas, contested hearings and sentencing.
This guide explains the main stages of a criminal matter in the Children's Court and what parents and young people can expect.
Key Points
The Children's Court Criminal Division generally deals with young people aged 12 to 17 at the time of the alleged offending.
Some serious offences may proceed to a higher court following committal proceedings.
Children's Court matters can involve police interviews, bail, diversion, disclosure, guilty pleas, contested hearings and sentencing.
The Children's Court Youth Diversion Service is a pre-plea option for eligible young people and can result in charges being discharged following successful completion of a diversion plan.
Rehabilitation is a central consideration when sentencing young people under Victoria's youth justice framework.
Early legal advice can help a young person and their family understand the allegations, evidence and available options.
What Is the Children's Court of Victoria?
The Children's Court of Victoria is a specialist court with a Criminal Division and a Family Division. The Criminal Division hears and determines criminal charges against children and young people within its jurisdiction.
The Court recognises the importance of rehabilitation when dealing with young people who have been found guilty of offending. Sentencing children is different from sentencing adults, with rehabilitation being a central consideration under Victoria's youth justice framework.
The Criminal Division can deal with a wide range of offences, although some serious offences must proceed to a higher court.
Who Can Appear in the Children's Court?
The Children's Court Criminal Division generally has jurisdiction over charges against young people who were 12 to 17 years old at the time of the alleged offending.
Whether a matter can be dealt with in the Children's Court depends on factors including:
The age of the young person at the time of the alleged offending.
The nature of the alleged offence.
The relevant legislation and the Court's jurisdiction.
Whether the matter must or may proceed to a higher court.
Some serious offences can be the subject of committal proceedings before the matter proceeds to the County Court or Supreme Court.
How Does a Children's Court Matter Begin?
A criminal matter may begin after a police investigation, interview or arrest.
Depending on the circumstances, police may:
Interview the young person.
Issue a summons.
Charge the young person.
Release the young person on bail.
Keep the young person in custody pending a bail decision.
In some circumstances, police may deal with offending through a caution or another diversionary pathway rather than commencing court proceedings.
Once charges are commenced, the matter may be listed before the Children's Court.
Police Interviews With Children
A police interview may be one of the earliest stages of a criminal investigation.
Children and young people have important legal rights when dealing with police, including rights relating to legal advice and questioning. Depending on the circumstances, a parent, guardian or other appropriate support person may also be involved.
Issues that may become important include whether the young person:
Understood the police caution and their right to silence.
Understood the questions being asked.
Was pressured or influenced during questioning.
Made admissions or other statements.
A police interview may later form part of the prosecution evidence. Obtaining legal advice before a formal interview can therefore be important.
The First Children's Court Hearing
The first court appearance is generally a procedural hearing rather than a hearing to determine whether the young person is guilty.
The Court may need to consider:
Whether the young person has legal representation.
Bail and bail conditions.
Disclosure of prosecution material.
Whether diversion may be available.
Whether the matter may resolve by a guilty plea.
Whether further information or material is required.
The next stage of the proceeding.
The matter may be adjourned while the prosecution material is reviewed and the young person's legal options are considered.
Bail in the Children's Court
A young person who has been arrested and charged may be released on bail or required to remain in custody.
Bail involves release from custody subject to an obligation to attend court and, where applicable, comply with conditions. Conditions can include requirements about where the young person lives, reporting, curfews or places they must not attend.
If bail is refused, the young person may remain in custody while the criminal matter progresses.
Can a Child Receive Diversion?
Diversion is an important option in the Children's Court.
The Children's Court Youth Diversion Service is a pre-plea option. Eligible young people may complete a diversion plan involving activities designed to address the offending and reduce the likelihood of further offending. If the plan is successfully completed, the charge or charges can be discharged.
Diversion plans can include:
An apology to a victim.
Counselling or wellbeing support.
Education-related activities.
Reflective work about the offending.
Structured activities and other steps appropriate to the young person's circumstances.
Eligibility is assessed according to the young person's history and circumstances. The current Children's Court information states that there are no automatic exclusions based on the type of offence, apart from offences carrying a mandatory penalty.
What Is a Brief of Evidence?
Where a matter proceeds, the prosecution will generally provide evidence relied upon in support of the charges.
Depending on the case, this may include:
Witness and police statements.
CCTV or other video footage.
Body-worn camera footage and photographs.
Forensic evidence and medical material.
Records of interview.
Telephone, computer, social media or other digital material.
A lawyer will review the evidence to assess whether the prosecution can establish the elements of the alleged offences, whether evidence can be challenged, whether charges may be resolved or amended, and whether the matter should proceed to a contested hearing.
Pleading Guilty in the Children's Court
If a young person accepts responsibility for an offence, the matter may proceed by way of a guilty plea.
Before entering a plea, it is important to understand:
The charges and the prosecution's allegations.
The evidence relied upon.
The potential consequences of a guilty plea.
Whether another resolution, including diversion, may be available.
Where a matter proceeds to sentencing, the Court will consider the young person's circumstances and the matters relevant to rehabilitation and an appropriate outcome.
Contesting Criminal Charges
If a young person does not plead guilty, the matter may proceed to a contested hearing.
A contested hearing can involve:
Prosecution witnesses giving evidence.
Cross-examination of witnesses.
Documents and other evidence being tendered.
Legal submissions.
The Court determining whether the prosecution has proved the charge beyond reasonable doubt.
The Children's Court Criminal Division is a court of summary jurisdiction for matters it determines, although serious matters may proceed to higher courts following committal proceedings.
Sentencing in the Children's Court
If a young person pleads guilty or is found guilty, the Court must determine an appropriate outcome.
Rehabilitation is a central consideration when sentencing young people. The Court may consider the young person's circumstances, family relationships, previous findings of guilt, reports and submissions, victim impact material and the need to protect the community.
Depending on the circumstances and the applicable law, outcomes may include dismissal of a charge, an undertaking, a good behaviour order, a fine, various supervisory orders or detention where permitted by law. The available outcomes depend on the young person's circumstances and the legislation applying to the matter.
In appropriate cases, Group Conferencing may also be relevant. This is a restorative justice option that can form part of the pre-sentence process.
Can Charges Be Withdrawn?
Charges do not necessarily proceed all the way to a contested hearing or sentencing.
Depending on the circumstances, the prosecution may withdraw or amend charges. A matter may also resolve through diversion or another available process.
Whether charges can be withdrawn or otherwise resolved depends on the evidence, the circumstances of the case and the applicable legal framework.
How Long Does a Children's Court Case Take?
There is no single timeframe for a Children's Court matter.
The length of a case can depend on factors including:
The nature and seriousness of the charges.
The amount of evidence and whether disclosure is complete.
Whether the matter is suitable for diversion.
Whether the young person pleads guilty or contests the charges.
Whether the matter must proceed to a higher court.
Some matters may resolve relatively quickly, while contested or more serious proceedings can take considerably longer.
Why Early Legal Advice Matters
Early legal advice can be important at every stage of a Children's Court matter.
A lawyer may assist with police interviews, bail, diversion, reviewing the prosecution evidence, negotiations with the prosecution, guilty pleas, contested hearings, sentencing and appeals.
Children's Court matters can also involve issues relating to education, family circumstances, disability, trauma, health and other aspects of a young person's life. Relevant information may need to be gathered and presented to the Court where appropriate.
Speak With a Children's Court Lawyer
If your child has been charged with a criminal offence, obtaining legal advice early can help you understand the process and the options available.
Stary Norton Halphen & Galbally represents young people throughout the Children's Court of Victoria.
Our lawyers can advise on police interviews, bail, diversion, criminal charges, contested hearings and sentencing.
Contact our team to discuss your child's circumstances and obtain legal advice.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.