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Children’s Court Criminal Cases Melbourne

The Children’s Court of Victoria is a specialist court with jurisdiction over cases involving children and young people under the age of 18 who have been charged with criminal offences in Victoria.

Working with children in criminal defence cases differs greatly from adult cases. The Children’s Court has modified procedures that are more suitable for children. The Children’s Court also has a different range of supports and programs available to Children who have been charged with a criminal offence offence.

In sentencing offenders, the Children’s Court gives greater emphasis to rehabilitation, with sentencing options aimed more at protecting children and their future prospects.

It is crucial to work with an expert criminal defence lawyer who understands the different aspects of the Children’s Court and who is experienced with the different procedural and sentencing principles of criminal cases in the Children’s Court of Victoria.

Criminal Children’s Court Defence Lawyers Melbourne

At Stary Norton Halphen, we understand how important it is to your child's future to have a clean criminal record and we will work tirelessly to get the best possible outcome.

Our team of Children’s Court criminal defence lawyers in Melbourne are highly experienced in the Children’s Court of Victoria and in defending children against allegations of criminal charges.

We understand the stress and anxiety that a criminal charge can place not just on the child who has been charged, but on the entire family. We will work with you to make the experience as stress-free and fair as possible.

Your child’s future is important to us and we will fight to get the best possible outcome for their case.

If your child has been charged with a criminal offence, contact Stary Norton Halphen immediately.

Youth Crime in Victoria: Common Charges, Penalties, and Rehabilitation Options

Youth crime is a complex issue with far-reaching consequences for individuals, families, and communities across Victoria. In this short article we provide general information on common charges, penalties and rehabilitative sentencing options. 

For the fifth time in as many years, Stary Norton Halphen has been recognised as one of the best law firms in Victoria, with the 2024 Doyle's Guide rankings naming the firm as one of four top first-tier criminal law firms. This is the highest ranking available.

Our team of specialist criminal defence lawyers at Stary Norton Halphen provide expert advice and advocacy. Please do not hesitate to contact our office to seek advice that is specific to you as a young person or to your child Contact Us 

Understanding Youth Crime in Victoria

In Victoria, "youth crime" most commonly refers to offences committed by individuals under the age of 18. These cases are primarily heard by the Children's Court, a specialised court that recognises the unique needs and vulnerabilities of young people. The Children's Court focuses on rehabilitation over punishment, acknowledging that young people are still developing and have a great capacity for change. 

Common Charges

Young people in Victoria can be charged with a variety of offences, with some of the most common being:

  • Theft and Burglary: This encompasses property-related crimes such as shoplifting, stealing from cars, and breaking into homes or businesses.
  • Assault: This includes physical altercations ranging from schoolyard fights to more serious incidents causing injury.
  • Drug Offences: These offences involve the possession, use, or distribution of illicit substances.
  • Graffiti and Vandalism: This includes defacing property with spray paint, markers, or other means.
  • Traffic Offences: Common offences include driving without a license, reckless driving, and underage drinking and driving.

At Stary Norton Halphen we routinely advocate for young people charged with these types of offences, as well as more serious matters such as sexual offences and homicide offences. We advocate by strongly defending the charges and, where appropriate, by negotiating with the prosecution to resolve the charges.  We are not just focused on sentencing outcomes but also on defending our clients' rights. We vigorously challenge charges where appropriate, investigate all the facts, and ensure that young people are treated fairly by the legal system.

Penalties for Youth Crime in Victoria

The penalties imposed vary greatly depending on the severity of the offence, the young person's age and prior criminal record, and other individual circumstances. Some of the penalties that can be imposed include: 

  • Warnings and Cautions: For minor offences, a young person may receive a warning or caution from police without formal charges being laid. This means the young person can avoid a court hearing. 
  • Diversion: These diversion program offers an alternative to a young person having a criminal record. Diversion still requires that the young person accepts responsibility for their actions but if they complete the conditions of the diversion program, they will not have a criminal record. The conditions of the program are tailored to each individual and to the type of offence. Often a condition of diversion may be to engage in mental health or alcohol and drug counselling, attend offence specific programs (such as an anger management course) or write a letter of apology. 
  • Good Behaviour Bond (Adjourned Undertaking): This requires the young person to maintain good behaviour for a specified period and may also involve engaging in programs designed to reduce re-offending.
  • Youth Supervision/Probation Orders: The young person may be placed on a community-based order that is managed by Youth Justice. They will have to comply with the conditions of the order and any directions of Youth Justice for a specific period. Often, the Court will monitor their progress with regular court hearings where the Magistrate will receive an update from Youth Justice. 
  • Youth Justice Centre Orders: For serious offences, a young person may be sentenced to a period of detention in a youth justice centre. 

While we are focused on achieving the best outcome by challenging charges, we understand the importance of rehabilitation and consider all aspects of a case, from the young person’s personal circumstances to the potential for rehabilitative sentencing. The Children’s Court is committed to addressing the underlying causes of offending behavior, and where a guilty plea is entered or charges are proven, we advocate for the most constructive sentence to support the young person’s future.

Rehabilitation Options for Young People Charged with an Offence

There is a strong emphasis on rehabilitation of young persons charged with an offence in an effort to prevent reoffending and support young people in making positive changes. There are a range of programs available to assist with this, including:

  • Education and Employment Support: Access to education, training, and employment opportunities is crucial for young people to build a positive future. Support programs can help young offenders re-engage with schooling, gain vocational skills, and find employment.
  • Mental Health and Drug Treatment Programs: Addressing underlying mental health issues or substance abuse problems is essential. These programs provide young people with the support they need to overcome these challenges.
  • Family Intervention Services: Family relationships and dynamics play a significant role in a young person’s behaviour. Family intervention services aim to strengthen family bonds, improve communication, and create a stable and supportive home environment.

The Role of the Children's Court in Victoria

The Children's Court of Victoria plays a vital role in responding to youth crime. The Court operates under the Children, Youth and Families Act 2005 (Vic) and adheres to the principles outlined in the Charter of Human Rights and Responsibilities Act 2006 (Vic) regarding the rights of children. Key features of the Children's Court include:

  • Focus on Rehabilitation: The primary aim of the Court is to rehabilitate young persons so they do not return to court. 
  • Specialised Processes: The Court has specific procedures designed to be less formal and intimidating for young people. This includes using the young person’s first name and lawyers remaining seated when advocating for their client. 
  • Youth Justice: Youth Justice workers are often tasked by the Court to assist with arranging support programs.

Why Legal Representation is Essential for Youth Offenders

Navigating the legal system is challenging, especially for young people. At Stary Norton Halphen, we ensure that every young person receives a fair defence. Our experienced criminal defence lawyers are dedicated to: 

Fighting the Charges: We provide vigorous defence for our clients, ensuring their rights are upheld throughout the process. 

Guidance and Support: We walk young people and their families through the legal process, ensuring they understand their rights and options.

Advocacy for Rehabilitation: When appropriate, we negotiate for rehabilitation-focused sentences, ensuring young people are supported in making positive changes.

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